International Law in Art, Literature, Thought

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Concluding Rejoinder: The Art of International Law and Altruism of International Lawyers

In the introductory essay, I sought to apply The Art of Law in the International Community as a response not only to military force and other ills, but to the COVID-19 pandemic. Four colleagues have contributed on how they believe the book works and could work better. They have done so at a time of extraordinary challenge and in a spirit of generosity toward the goal we all seek, the flourishing of the created world. Professor Karel Wellens’s essay captures the essence of The Art of Law. He shares my view of the potential of aesthetics as a new bridge to natural law, and of the good a revitalized natural law can do in supporting jus cogens norms and general principles. New natural law can re-commit our world to the prohibition on the use of force. Professor Wellens poses two questions essential to taking these ideas forward. First, he recounts my point that the prohibition on the use of force ‘“cannot be transgressed in the attempt to advance another norm, even another peremptory norm”’…

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The Art of International Law-Making: Musings on The Art of Law in the International Community

The new book of Mary-Ellen O’Connell, The Art of Law in the International Community, has a number of merits. One merit is to have placed extra-positive approaches to law-making back at the centre of the stage. A second merit is to consider their role to explain the rise of two pillars of contemporary international law, namely the…

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Aesthetic Philosophy and the Art of Law in the International Community

Inspired by Sir Hersch Lauterpacht’s writings, Mary Ellen  O’Connell, in the Art of Law in the International Community, provides a contemporary response to the ever increasing erosion by states –in the majority of  cases based on self-interest - of the most fundamental peremptory norm of the international legal order, the prohibition of the use of…

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We Can ‘Recover Better’ Through The Art of Law in the International Community

Editor's Note:  This week, EJIL:Talk! runs its first Book Discussion for the year 2020.  As a timely thematic reflection for all international lawyers and international law academics contemplating the role, function, and purposes of the international legal system at this time of a shared global emergency, we are featuring Professor Mary Ellen O'Connell's Hersch Lauterpacht Memoral…

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Intergenerational Reflections on International Law: An Essay from Pierre Marie Dupuy

  The international legal system established in 1945 can be seen, in its very design, as an incarnation of western rationalism.  Like that rationalism, it implicitly embodies a certain ideology of progress. In terms of its philosophical underpinnings, it would seem to be heir to the philosophy of the Enlightenment and the Aufkärung despite the fact that a…

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