Book contents
- The Law and Politics of International Legitimacy
- The Law and Politics of International Legitimacy
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I Setting the Stage
- Part II Political Legitimacy and Theory of Politics
- Part III The Question of Legitimacy at the International Level
- Part IV Construction of Legitimacy in International Law
- Part V International Legitimacy and Change
- Part VI Criticism and Reconstruction of the Legitimacy of International Law
- 20 Elements of a Critical History of International Law
- 21 Elements of a Critical Philosophy of International Law
- 22 Toward a More Just International Law
- 23 From International Legitimacy to Global Justice
- Conclusion
- Afterword
- Bibliography
- Index
20 - Elements of a Critical History of International Law
from Part VI - Criticism and Reconstruction of the Legitimacy of International Law
Published online by Cambridge University Press: 14 July 2025
Book contents
- The Law and Politics of International Legitimacy
- The Law and Politics of International Legitimacy
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I Setting the Stage
- Part II Political Legitimacy and Theory of Politics
- Part III The Question of Legitimacy at the International Level
- Part IV Construction of Legitimacy in International Law
- Part V International Legitimacy and Change
- Part VI Criticism and Reconstruction of the Legitimacy of International Law
- 20 Elements of a Critical History of International Law
- 21 Elements of a Critical Philosophy of International Law
- 22 Toward a More Just International Law
- 23 From International Legitimacy to Global Justice
- Conclusion
- Afterword
- Bibliography
- Index
Summary
This chapter addresses questions concerning history and international law. First, it focuses on what traditionally has been, until relatively recently, the relationship between international law and history, including the history of international law itself. Second, this chapter reflects on the globalization of international law and its ambiguous nature and results, combining empowerment and disempowerment. In particular, it highlights that the ambiguity of the globalization of international law has been on display not only with the connection between modern international law and Western power in the context of colonization but also with decolonization since, to a large extent, after decolonization, this connection has continued in the form of neocolonization. The chapter refers as well to the ambiguity of the globalization of international law in relation to the rise of the individual as an international rights holder in the framework of international human rights. Ultimately, international law has both alienating and emancipatory effects.
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- The Law and Politics of International Legitimacy , pp. 373 - 391Publisher: Cambridge University PressPrint publication year: 2025
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