The Role of Ethics in International Law [Paperback]

The purpose of this volume is to explore what role ethical discourse plays in international law.The purpose of this volume is to explore what role ethical discourse plays in international law. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines.The purpose of this volume is to explore what role ethical discourse plays in international law. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines.The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging, and changing international law and (2) to open up a conversation between two related disciplines  public and private international law  that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.Part I. The Role of Ethics in Public International Law: 1. Moral reasoning in international law Roger P. Alford and James Tierney; 2. Between power and principle Oona A. Hathaway; 3. Jus cogens: international law's higher ethical norms Mary Ellen O'Connell; Part II. The Role of Ethics in Private International Law: 4. The problem of provenance: the proper place of ethical reasoning in the selection of applicable law Lea Brilmayer; 5. Choice of law as general commlã3