Very few authors have ever
had their collected papers published in a series of volumes. As far as we know, Anthony D'Amato
is the first legal scholar to be accorded this signal honor. Martinus Nijhoff Publishers
is pleased to announce the third volume of this acclaimed series. In this volume, the
author updates his essays on sources and the foundational questions of international law
with new commentary.
Table of Contents
Foreword,
Table of Contents,
Preface,
Acknowledgments.
Part I. Sources
1. What 'Counts as International Law',
2. Is International Law Really 'Law'?,
3. Locating Human Rights Within International Law,
4. Is Human Rights Part of Customary Law?,
5.A Seminar on Customary International Law,
6. Trashing Customary Law: The Nicaragua Case,
7. Towards a Systems Perspective on Custom,
8. Is Consensus a Source of International Law?,
9. Special Custom,
10. Is the Publicist a Subsidiary Source?
Part II. The Relation Between Custom and Treaty
11. Early Thoughts on Treaties as a Source of Custom,
12. The Misunderstood Continental Shelf Cases,
13. Updating the Debate on Treaties and Custom
Part III. Non-Source Impacts Upon International Law
14. Positivism and International Law,
15. International Law and Rawls' Theory of Justice,
16. Can Consent, Estoppel, or Reasonableness Override International Law?,
17. It's Bird, It's a Plane, ,It's Jus Cogens!
Part IV. Applications
18. History of the Terms in Article 2 (4) of the UN Charter,
19. On Genocide,
20. Command Responsibility and the American Campaign against the International Criminal
Court,
21.Cybernetics and Cyberspace,
Abbreviations,
Index.
'My sketch of Grotius fits D'Amato better than any other English-writing international
legal scholar today. It is the cumulative effect of D'Amato's great body of work that
warrants attention, now and far into the future.'
Nicholas Onuf.
'The main impression imparted by the volume as a whole is one of jurisprudential coherence
and striking originality. It establishes Anthony D'Amato as one of the finest
theoretical minds at work on international law issues, and it does so in an engaging
manner that gives a reader the pleasure of participating actively in these explorations
into the nature and function of international law.'
Richard A. Falk.
670 pages
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