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The Role of Ethics in International Law

$114.99 (C)

Part of ASIL Studies in International Legal Theory

Roger P. Alford, James Tierney, Oona A. Hathaway, Mary Ellen O'Connell, Lea Brilmayer, Michael Steven Green, Perry Dane, Donald Earl Childress, III, Samantha Besson, H. Patrick Glenn
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  • Date Published: November 2011
  • availability: Available
  • format: Hardback
  • isbn: 9781107096554

$114.99 (C)

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About the Authors
  • 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.

    • Presents a cross-disciplinary approach that intersects public and private international law
    • One of the few volumes on the role of ethics in international law and particularly public and private international law
    • Opens new avenues for cross-disciplinary exchange in these important fields and related disciplines
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    Product details

    • Date Published: November 2011
    • format: Hardback
    • isbn: 9781107096554
    • length: 292 pages
    • dimensions: 229 x 152 x 17 mm
    • weight: 0.56kg
    • contains: 1 table
    • availability: Available
  • Table of Contents

    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 common law: response to Professor Brilmayer Michael Steven Green
    6. A reply Lea Brilmayer
    7. The natural law challenge to choice of law Perry Dane
    8. The role of ethics in United States private international law Donald Earl Childress III
    Part III. Normative and Theoretical Perspectives:
    9. The nature of human rights theory: beyond the ethical/political divide Samantha Besson
    10. The ethic of international law H. Patrick Glenn.

  • Editor

    Donald Earl Childress, III, Pepperdine University School of Law
    Donald Earl Childress, III is an Associate Professor of Law at the Pepperdine University School of Law. Prior to joining the Pepperdine University in 2008, Childress was associated with the international law firm Jones Day in Washington, DC, as a member of their Issues and Appeals practice, where he focused on Supreme Court litigation, general appellate litigation and significant motions practice in trial litigation. Before entering private practice, he clerked for the Hon. Paul V. Niemeyer on the United States Court of Appeals for the Fourth Circuit. His academic writings have appeared in various United State law reviews, such as the Duke Law Journal, the Northwestern Law Review and the UC Davis Law Review.


    Roger P. Alford, James Tierney, Oona A. Hathaway, Mary Ellen O'Connell, Lea Brilmayer, Michael Steven Green, Perry Dane, Donald Earl Childress, III, Samantha Besson, H. Patrick Glenn

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