Ideology critique and international law: towards a substantive account of international human rights

Bowring, Bill (2006) Ideology critique and international law: towards a substantive account of international human rights. In: Warbrick, C. and Tierney, S. (eds.) Towards an International Legal Community? The Sovereignty of States and the Sovereignty of International Law. London, UK: British Institute of International and Comparative Law, pp. 193-210. ISBN 9780903067799.

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Abstract

Book synopsis: In this collection of essays, a number of the UK s leading international legal theorists consider whether, in light of contemporary legal, economic and political challenges which the State faces, State sovereignty can continue to be viewed meaningfully as a legal principle, the legitimacy of which is generated merely by the factual condition of a State's existence; or whether in fact the international legal system is now better viewed as a self-generating and increasingly sovereign force, founded upon an incipient 'international legal community', which has in large measure redefined State sovereignty as a lower order principle both contingent upon and attenuated by the normative authority inherent in this nascent community . Can we now speak of international law as an 'embryonic quasi-constitutional system', generated by an international legal community? If so, has this community, although finding its historical origins in the aggregated will of States, assumed a new and immanently-generated legitimacy which is no longer dependent upon State consent for its validity and authority?

Metadata

Item Type:	Book Section
School:	Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
Depositing User:	Sarah Hall
Date Deposited:	29 Oct 2018 10:08
Last Modified:	02 Aug 2023 17:45
URI:	https://eprints.bbk.ac.uk/id/eprint/24856

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