ASHORTINTRODUCTIONTO INTERNATIONAL LAW
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1 ASHORTINTRODUCTIONTO INTERNATIONAL LAW In our globalised world the sources and actors of international law are many and its growth prolific and disorderly. International law governs the actions of states on matters as long-standing as diplomatic immunity or as recent as the War on Terror, and it now impacts upon the lives of ordinary citizens in areas as diverse as banking and investment, public health and the protection of the environment. In this accessible introduction Emmanuelle Tourme Jouannet explains the latest developments in international law in the light of its history and culture, presenting it as an instrument both for dominance and for change that adjusts and balances the three pillars of the United Nations Charter: the prohibition of the use of force; economic, social and sustainable development; and human rights. emmanuelle tourme jouannet is Professor of International Law at the Sciences Po Paris School of Law. Among the most prominent French international law scholars of her generation, she is the author of many publications, including two books in English: The Liberal-Welfarist Law of Nations: A History of International Law (Cambridge, 2012)andWhat is a Fair International Society? International Law between Development and Recognition (2013). She is also one of the editors-in-chief of the Journal of the History of International Law.
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3 A SHORT INTRODUCTION TO INTERNATIONAL LAW EMMANUELLE TOURME JOUANNET Translated from the French Le Droit International (Presses Universitaires de France, 2013) by christopher sutcliffe
4 University Printing House, Cambridge cb2 8bs, United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence. Information on this title: / Presses Universitaires de France, Le droit international This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in French by Presses Universitaires de France 2013 First published by Cambridge University Press 2014 Printed in the United Kingdom by Clays, St Ives plc A catalogue record for this publication is available from the British Library Library of Congress Cataloging in Publication data Jouannet, Emmanuelle [Droit international. French] A short introduction to international law / ; translated from the French Le Droit International (Presses Universitaires de France, 2013) by Christopher Sutcliff. pages cm Includes index. isbn (hardback) isbn (paperback) 1. International law. I. Title. kz3410.j dc isbn Hardback isbn Paperback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
5 To my children
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7 contents Introduction page 1 1 International law as history and culture 4 A liberal pluralist system of law 5 The lawfulness of the individual use of force as a means of dispute settlement 12 The law of civilised nations 17 2 International law as a legal order 22 The debate about the end of the classical inter-state order 23 Definitions and distinctions 26 Subjects and norms 35 Unity or fragmentation 51 3 International law as an instrument of regulation and social intervention 64 End-purposes 65 The first pillar peace 78 The second pillar development 85 The third pillar human rights 99 Conclusion 114 Further reading 116 Index 118 vii
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