Ethics and Authority in International Law [Paperback]

Alfred Rubin provides a powerful account of positivism and international law in the modern world.This text argues that current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations.This text argues that current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations.The distinguished international lawyer Alfred Rubin argues powerfully that disagreements that have existed for thousands of years among lawyers, ethicists, and political scientists are unlikely to be resolved soon. Current attempts to make war crimes or terrorism criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations.Preface; Acknowledgements; List of abbreviations; Table of cases; Table of statutes; Table of treaties; 1. Introduction; 2. The international legal order; 3. Theory and practice come together; 4. Putting it together; 5. Implications for today; Bibliography; Index. The book is a well argued articulation of a positivist understanding of authority in international law. Its particular focus on universal criminal jurisdiction is timely in light of the expanding scope of international humanitarian law and the ad hoc and permanent criminal tribunal projects. Observations are always informed and insightful; the style is witty with engaging turns of phrase. Ralph Wilde, Yale Journal of International Law This book comes highly recommended for anyone who is beginning to study, or ready to test hlÃ0