Oona Hathaway (Yale), The War to End War
Attached are portions of a book manuscript that I am writing with my colleague, Professor Scott Shapiro. I have provided you with the introduction, which attempts to set the stage and preview the argument of the book, and the fourth chapter. Those who are pressed for time should focus on the introduction alone.
The first three chapters of the book (which are not included here) describe what we call the Old World Order—a system that relied on war as the linchpin of law. The first chapter centers on Grotius and the legal order he established. The second chapter shows that war was a source of legal redress and legal rights. The legal rights to territory, people, and goods were decided by war—even one that was entirely unjust. The third chapter examines what followed from the legality of war and of conquest and how those rules in turn shaped the international legal system that persisted for hundreds of years.
The second part of the book—also comprised of three chapters, of which I have given you the first—tells the story of what we argue is a deep shift in the legal meaning of war. It describes the end of the Old World Order and the beginning of something fundamentally new. This shift, we argue, has consequences not just for states’ recourse to war, but for international law and the international system as a whole.
The third part of the book will examine our modern international legal system and the ways in which international law can and cannot shape state behavior. This part of the book will draw on our article on “outcasting” as a mechanism for enforcing international law (Hathaway & Shapiro, Outcasting: The Enforcement of Domestic and International Law, Yale Law Journal (2012)).
Mardi 25 Juin, 17.00-19.00
Salle Jean Monnet, Ceri