States Undermining International Law

This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system's most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community's most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.

Provides an extensive overview of utopianism in international law since the end of World War I Introduces a new concept, emancipatory idealism, into the debate surrounding international law Offers a thorough historical analysis of international law in the 20th and 21st century Investigates the primacy of the State in international law through the lens of legal and political theory

Auteur

Deepak Mawar is a Visiting Lecturer at King's College London, UK, specializing in the fields of international legal history, legal & political theory and global governance.

Contenu

1.Chapter 1: States Undermining International Law- An Introduction, 2.- Chapter 2: Emancipatory Idealism: A Utopian Focal Goal of International Law, 3.- Chapter 3: States and Utopian Goals of International Law, 4.- Chapter 4:The Life and Death of the League of Nations, 5.- Chapter 5: The United Nations Security Council and Power Politics 6.Chapter 6: Conclusion: Utopianism and State Primacy in International Law.