상세정보

International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this extensive study of the rise and fall of modern international law. In a work of wide-ranging intellectual scope, now available for the first time in paperback, Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late nineteenth century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures (including Hans Kelsen, Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau); he also considers the role of crucial institutions (the Institut de droit international, the League of Nations). His discussion of legal and political realism at American law schools ends in a critique of post-1960 'instrumentalism'. This book provides a unique reflection on the possibility of critical international law today.

Legal analysis, historical and political critique of the rise and fall of modern international law.

정보제공 :

CONTENTS
Acknowledgments = ⅸ
List of abbreviations = ⅹ
Table of statutes and bills = xiii
Table of cases = xviii
1 Introduction = 1
Part 1 Towards a property in intangibles = 9
 1 Property in mental labour = 11
 2 The mentality of intangible property = 43
Part 2 The emergence of modern intellectual property law = 61
 3 Designing the law = 63
 4 Managing the legal boundaries = 77
Part 3 Towards an intellectual property law = 95
 5 Crystallisation of the categories = 101
 6 Completing the framework = 129
 7 Explanations for the shape of intellectual property law = 141
Part 4 Transformations in intellectual property law = 159
 8 Changes in the framework = 161
 9 From creation to object = 173