Its aim is helping to construct a better architecture of world society. As international law's importance continues to grow, this book analyses where it is heading.
Author: Antonio Cassese
Publisher: Oxford University Press
Bringing together 47 essays by prominent international lawyers, this book reflects on major challenges facing international law and focuses on potential changes and improvements. Its aim is helping to construct a better architecture of world society. As international law's importance continues to grow, this book analyses where it is heading.
The image of eruption suggests that the utopian space of the pure land is neither
strictly separate from this world of ... in the ongoing process of realizing utopia
through disrupting the closure of the present. for medieval Japanese Buddhists, ...
Author: Daniel Boscaljon
Publisher: Wipf and Stock Publishers
At present the battle over who defines our future is being waged most publicly by secular and religious fundamentalists. Hope and the Longing for Utopia offers an alternative position, disclosing a conceptual path toward potential worlds that resist a limited view of human potential and the gift of religion. In addition to outlining the value of embracing unknown potentialities, these twelve interdisciplinary essays explore why it has become crucial that we commit to hoping for values that resist traditional ideological commitments. Contextualized by contemporary writing on utopia, and drawing from a wealth of times and cultures ranging from Calvin's Geneva to early twentieth-century Japanese children's stories to Hollywood cinema, these essays cumulatively disclose the fundamental importance of resisting tantalizing certainties while considering the importance of the unknown and unknowable. Beginning with a set of four essays outlining the importance of hope and utopia as diagnostic concepts, and following with four concrete examples, the collection ends with a set of essays that provide theological speculations on the need to embrace finitude and limitations in a world increasingly enframed by secularizing impulses. Overall, this book discloses how hope and utopia illuminate ways to think past simplified wishes for the future.
in Cassese, Realizing Utopia, 118–35 at 129. 205 See e.g. G. I. Tunkin, Theory of
International Law, trans. W. E. Butler (Cambridge, MA: Harvard University Press,
1974). 206 S. V. Chernichenko, Lichnost' i mezhdunarodnoe pravo (Moscow: ...
Author: Lauri Mälksoo
Publisher: OUP Oxford
This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
Chapter 5 Growing Expectations of Realizing Utopia in the United States and
Europe Later American Technological Utopians: John Macnie Through Harold
Loeb If no prominent Europeans were genuine technological utopians, this was
Author: Howard P. Segal
Publisher: John Wiley & Sons
This brief history connects the past and present of utopianthought, from the first utopias in ancient Greece, right up topresent day visions of cyberspace communities and paradise. Explores the purpose of utopias, what they reveal about thesocieties who conceive them, and how utopias have changed over thecenturies Unique in including both non-Western and Western visions ofutopia Explores the many forms utopias have taken – propheciesand oratory, writings, political movements, world's fairs, physicalcommunities – and also discusses high-tech and cyberspacevisions for the first time The first book to analyze the implicitly utopian dimensions ofreform crusades like Technocracy of the 1930s and ModernizationTheory of the 1950s, and the laptop classroom initiatives of recentyears
... an explication of a Wellsian view of personality; it is at the level of the individual
person that any hope for initiating a gen- uinely utopian process must begin, and
it is here that the central problems of realizing utopia in any sense at all reside.
Author: Justin E.A. Busch
"This book begins with types of individuals who could create and live in ideal societies. It then discusses the state and how Wells' utopian thought requires a permanent commitment to expanding freedom. The final chapter covers death and how utopian thought can profoundly reshape the reader's understanding of position relative to current and future societies"--Provided by publisher.
For countless readers the message of Origins, which targets an evil utopian
ideology, repealed as it is by Eichmann in Jerusalem, retains its ... is not simply a
psychological rejoinder, but a political reply to the political project of realizing
Author: Russell Jacoby
Publisher: Columbia University Press
"The choice we have is not between reasonable proposals and an unreasonable utopianism. Utopian thinking does not undermine or discount real reforms. Indeed, it is almost the opposite: practical reforms depend on utopian dreaming."--Russell Jacoby, Picture Imperfect Utopianism suffers from an image problem: A recent exhibition on utopias in Paris and New York included photographs of Hitler's Mein Kampf and a Nazi concentration camp. Many observers judge utopians and their sympathizers as foolhardy dreamers at best and murderous totalitarians at worst. However, as noted social critic and historian Russell Jacoby argues in this salient, polemical, and innovative work, not only has utopianism been unfairly characterized, a return to an iconoclastic utopian spirit is vital for today's society. Shaped by the works of Theodor Adorno, Walter Benjamin, Ernst Bloch, Gustav Landauer, and other predominantly Jewish thinkers, iconoclastic utopianism revives society's dormant political imagination and offers hope for a better future. Writing against the grain of history, Jacoby reexamines the anti-utopian mindset and identifies how utopian thought came to be regarded with such suspicion. He challenges standard readings of such anti-utopian classics as 1984 and Brave New World and offers stinging critiques of the influential liberal and anti-utopian theorists Hannah Arendt, Isaiah Berlin, and Karl Popper. He argues that these thinkers mistakenly equate utopianism with totalitarianism. The reputation of utopian thought has also suffered from the failures of, what Jacoby terms, the blueprint utopian tradition and its oppressive emphasis on detailing all aspects of society and providing fantastic images of the future. In contrast, the iconoclastic utopians, like those who follow God's prohibition against graven images, resist both the blueprinters' obsession with detail and the modern seduction of images. Jacoby suggests that by learning from the hopeful spirit of iconoclastic utopians and their willingness to accept new possibilities for society, we open ourselves to new and more imaginative ideas of the future.
Three steps have to be taken on the road from Utopia—in the positive sense—to
legal positivism.1 First of all, candidates for human rights must be identified.
Those who ... 1 See A Cassese, 'Introduction' in A Cassese (ed), Realizing Utopia
Author: Christian Tomuschat
Publisher: Oxford University Press, USA
This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Realizing Utopia: The Future of International Law (Oxford: Oxford University
Press, 2012), 61, and particularly 66–70. As Cassese points out in the same
publication, 'most nonState actors are only tangentially restrained by international
Author: Hugh Thirlway
Publisher: OUP Oxford
In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.
Unlike in Mongolia, Russia and some Eastern European countries, the
mainstream of the CCP had abandoned Marxism even in the late Mao era,
focusing on holding power rather than realizing utopia. Those yearning for
communism will not ...
Author: Bruce Gilley
Publisher: Columbia University Press
The end of communist rule in China will be one of the most momentous events of the twenty-first century, sounding the death knell for the Marxist-Leninist experiment and changing the lives of a fifth of humanity. This book provides a likely blow-by-blow account of how the Chinese Communist Party will be removed from power and how a new democracy will be born. In more than half a century of rule, the Chinese Communist Party has turned a poor and benighted China into a moderately well-off and increasingly influential nation. Yet the Party has failed to keep pace with change since stepping aside from daily life in the late-1970s. After nearly a hundred years of frustrating attempts to create a workable political system following the overthrow of the last dynasty, the prospects for democracy in China are better than ever, according to Bruce Gilley. Gilley predicts an elite-led transformation rather than a popular-led overthrow. He profiles the key actors and looks at the response of excluded elites, such as the military, as well as interested parties such as Taiwan and Tibet. He explains how democracy in China will be very "Chinese," even as it will also embody fundamental universal liberal features. He deals with competing interests—regional, sectoral, and class—of China's economy and society under democracy, addressing the pressing concerns of world business. Finally he considers the implications for Asia as well as for the United States. The end of communist rule in China will be one of the most momentous events of the twenty-first century, sounding the death knell for the Marxist-Leninist experiment and changing the lives of a fifth of humanity. This book provides a likely blow-by-blow account of how the Chinese Communist Party will be removed from power and how a new democracy will be born. In more than half a century of rule, the Chinese Communist Party has turned a poor and benighted China into a moderately well-off and increasingly influential nation. Yet the Party has failed to keep pace with change since stepping aside from daily life in the late-1970s. After nearly a hundred years of frustrating attempts to create a workable political system following the overthrow of the last dynasty, the prospects for democracy in China are better than ever, according to Bruce Gilley. Gilley predicts an elite-led transformation rather than a popular-led overthrow. He profiles the key actors and looks at the response of excluded elites, such as the military, as well as interested parties such as Taiwan and Tibet. He explains how democracy in China will be very "Chinese," even as it will also embody fundamental universal liberal features. He deals with competing interests—regional, sectoral, and class—of China's economy and society under democracy, addressing the pressing concerns of world business. Finally he considers the implications for Asia as well as for the United States.
One political scientist observed in 1955 that the generations before the mid-
1940s 'dreamed of realizing Utopia; this generation hopes to escape disaster,
whether in the form of economic collapse or atomic destruction' (Peardon 1955:
Author: Rodney Barker
The rise of the New Right and the collapse of state communism in 1989 has fundamentally changed political thinking in the late twentieth century. Rodney Barker has revised and extended his classic text - Political Ideas in Modern Britain - in the light of these changes. His accessible account of political thinking in Britain since the 1880s now includes detailed analysis of: * the demise of traditional conservatism and socialism * the rise and decline of the New Right * the growth of feminism, liberalism and pluralism Political Ideas in Modern Britain charts the changing intellectual landscape of political thinking, illustrating how contemporary political thought is both rooted in tradition and a radical transformation of it. Whether the future is liberal, communitarian, pluralist, or simply uncertain, this is an essential guide for students of British politics. Rodney Barker is Senior Lecturer in Government at the London School of Economics and Political Science.
In The Blithedale RomanceHawthorne thus repeats the pessimism he evinced in“
Earths Holocaust” (1844), a story equally skeptical about the prospects of
realizing utopia. Short of divine intervention, Hawthorne suggests, the selfis ...
Author: Andrew Loman
First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
119 Nicaragua case, n 23, 133, para 263. Further: J E Alvarez, 'State Sovereignty
is not Withering Away: A Few Lessons for the Future' in A Cassese (ed),
Realizing Utopia. The Future of International Law (OUP, 2012) 26–37; and J
Author: Bart Van Vooren
Publisher: OUP Oxford
For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.
Viñuales, J. E., 'Managing Abidance by Standards for the Protection of the
Environment', in Cassese, A. (ed), Realizing Utopia: The Future of International
Law (Oxford University Press 2012). Weiss, E. B. and Jacobson, H. K., Engaging
Author: Jorge E. Viñuales
Publisher: OUP Oxford
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Their aims were far from cohesive, and the word embraces both those groups
who were pessimistic about a technologized future and those who saw science
and technology as capable of realizing utopia for all. Nevertheless, together they
Author: Philip Nel
Publisher: NYU Press
This text presents 49 original essays on the essential terms and concepts of children's literature.
Realizing Utopia: The Future of International Law, (Oxford: Oxford University
Press), 261–274. Fadel, M. (2009), 'International Law, Regional Developments:
Islam', in R. Wolfrum (ed.) MPEPIL (Online edition: Oxford University Press).
Author: Ioana Cismas
Publisher: OUP Oxford
This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
REALIZING THE POSSIBLE Our choice of an end-in-view organizes our
experience, mediating between what is and what might be. Such activity of
choice is what Dewey calls the capacity of mind. Mind is an inherent tendency to
organize and ...
Author: Erin McKenna
Publisher: Rowman & Littlefield
Are utopian visions viable in the 21st century? Utopia has been equated, for many, with totalitarianism. Such visions are not acceptable. The loss of utopian visions altogether is also unacceptable. This book argues that American Pragmatism and Feminist theory can combine to provide a process model of utopia that pushes to build a flexible future that helps us deal with change, conflict, and diversity without resorting to fixed ends.