Although he is widely regarded as the 'founding father' of realism in International Relations, this book argues that Hans J. Morgenthau's legal background has largely been neglected in discussions of his place in the 'canon' of IR theory. Morgenthau was a legal scholar of German-Jewish origins who arrived in the United States in 1938. He went on to become a distinguished professor of Political Science and a prominent commentator on international affairs. Rather than locate Morgenthau's intellectual heritage in the German tradition of 'Realpolitik', this book demonstrates how many of his central ideas and concepts stem from European and American legal debates of the 1920s and 1930s. This is an ambitious attempt to recast the debate on Morgenthau and will appeal to IR scholars interested in the history of realism as well as international lawyers engaged in debates regarding the relationship between law and politics, and the history of International Law.

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water ' His friend looks at him with great scepticism: 'Water? What's that? Show me some water ' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

The ideas of Hans Morgenthau dominated the study of international politics in the United States for many decades. He was the leading representative of Realist international relations theory in the last century and his work remains hugely influential in the field. In this engaging and accessible new study of his work, William E. Scheuerman provides a comprehensive and illuminating introduction to Morgenthau’s ideas, and assesses their significance for political theory and international politics. Scheuerman shows Morgenthau to be an uneasy Realist, uncomfortable with conventional notions of Realism and sometimes unsure whether his reflections should be grouped under its rubric. He was a powerful critic of the existing state system and defended the idea of a world state. By highlighting Morgenthau’s engagement with the leading lights of European political and legal theory, Scheuerman argues that he developed a morally demanding political ethics and an astute diagnosis of the unprecedented perils posed by nuclear weaponry. Believing that the irrationalities of US foreign policy were rooted partly in domestic factors, he sympathized with demands for radical political and social change. Scheuerman illustrates that Morgenthau’s thinking has been widely misunderstood by both disciples and critics and that it offers many challenges to contemporary Realists who discount his normative aspirations. With the advent of the cosmopolitan goal of international reform, Morgenthau’s work serves up an unsettling mix of sympathy and hard-headed skepticism which remains crucially important in the development of the field. Lucidly and persuasively written, this book will be a valuable resource for students and scholars seeking to understand the continued importance of Morgenthau’s thinking.

An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.

Political realism is a highly diverse body of international relations theory. This substantial reference work examines political realism in terms of its history, its scientific methodology and its normative role in international affairs. Split into three sections, it covers the 2000-year canon of realism: the different schools of thought, the key thinkers and how it responds to foreign policy challenges faced by individual states and globally. It brings political realism up-to-date by showing where theory has failed to keep up with contemporary problems and suggests how it can be applied and adapted to fit our new, globalised world order.

This edited volume covers the development of the thought of the political realist Hans J. Morgenthau from the time of his arrival in America from Nazi-dominated Europe through to his emphatic denunciation of American policy in the Vietnam War. Critical to the development of thinking about American foreign policy in the post-war period, he laid out the idea of a national interest defined in terms of power, the precarious uncertainty of the international balance of power, the weakness of international morality, the decentralized character of international law, the deceptiveness of ideologies, and the requirements of a peace-preserving diplomacy. This volume is required reading for students of American foreign policy, and for anyone who wishes to understand the single most important source of the ideas underpinning American foreign policy since the end of the Second World War.

This book examines the fascinating story of how the chief architects of realism (Hans Morgenthau, Kenneth Waltz and John Mearsheimer) dealt with some of the most pressing political issues of our time through the lenses of fear. Pashakhanlou conducts the most comprehensive evaluation of their works to date, compromising of a meticulous analysis of 400 of their publications. As such, this book is an invaluable resource for practitioners, students and concerned citizens that seek to understand how three of the most influential International Relations scholars thought about the implications of fear at the global level. ‘In this important book, the author gets to the heart of the underlying emotional condition on which so much rational political thought in International Relations is built. By uncovering the role of fear within the modern classics of realism, the book sheds light on the role that fear plays in producing otherwise rational decision-making.’ David Galbreath, Professor of International Security, University of Bath, UK ‘The role played by fear in Realist international theory is under-explored and poorly theorised. This book addresses this lacuna and provides a thorough and systematic analysis of the significance of fear in Realism. In doing so, Arash Heydarian Pashakhanlou makes a major contribution to International Relations theory, and the ‘emotional turn’ in the study of contemporary international politics’. Adrian Hyde-Price, Professor of International Politics, Gothenburg University, Sweden

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come. As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.

First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.