PHIL.TRANSNAT.LAW · Philosophy of Transnational Law: An inquiry on foundations and systematic of international law
FP6 — Marie Curie Actions (Human Resources and Mobility)
- Duration
- 2005-06-01 → 2007-05-31
- EU contribution
- €205,584
- Participants
- 1
- Scheme
- EIF
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Results in brief
Final Activity Report Summary - PHIL.TRANSNAT.LAW (Philosophy of transnational law: an inquiry on foundations and systematic of international law)
The research topic consisted in the analysis of the different schools of international law. The peculiarity of the approach has to be found in the use of tools derived from the political philosophy and the epistemology. The presupposition, here, is that the different interpretations of international law always rely upon extra-juridical conceptual assumptions which are fundamental for the development of the doctrine but remain, nevertheless, in the most cases largely implicit. The political philosophy provides the theoretical categories in order to specify the contents of these conceptual assumptions. On the other hand, epistemology allows us to construct the political-philosophical categories as paradigms of knowledge and action in which the different understandings of international law can be subsumed. The first result of the research, therefore, has been the development of a taxonomy comprehending the paradigms of the theory of international law. Each paradigm describes the essential logic of functioning characterising a specific understanding of international law. It specifies, in other words, why the framework of international law is proposed to be centered on coexistence, cooperation, or rather - in a more ambitious attempt - on supranational organisation and supra-state juridification. However, during the research it has become clear that the logic of functioning of every paradigm of international law is, at the same time, also the logic of functioning of a more complex idea of public order in general, containing the fundamental conceptual assumptions both of the order within the single polities and of the order (or disorder) between them. Hence, the second result of the research has consisted in extending the meaning of the described paradigms from the taxonomy of the theories on international order to a more comprehensive tableau of the conceptions of public order, in its domestic as well as in its inter-state or supra-state dimension. As its outcome the research has eventually produced a conceptual tool to describe, classify and evaluate different ideas of public order, domestic as well as international or supranational. Brought to its core concept, it can be seen as the germ of a new "General Theory of Public Law".
Data: CORDIS, © European Union
Project objective
The research aims to draw up a table of the theories on international law and international relations. This task shall be accomplished by two steps, the first one consisting in the elaboration of a table concerning the international law schools" until the Second Word War. The creation of a pattern regarding the historically consolidated approaches to the international law is necessary for a better understanding of both their conceptual structure and relations to each other. In an innovative way, the history of international law shall be reviewed recurring to the categories of the political philosophy, and overcoming, this way, the traditional interpretation concentrated on the political and diplomatic history.In other words, the authors and ideas shall not be presented in their historical context but in their conceptual relationships, in order to enucleate better the theoretical and practical options, alternative to each other, respectively related to every "school". Furthermore, the reconstruction of the conceptual structure of the classic international law theories is indispensable in order to evaluate the novelty and heuristic content of the contemporary proposals. On the theoretical ground laid down by the analysis of the historical interpretations will base the second step of the research, namely the enquiry into the contemporary international law.Also in this case, each trend will be tested with regard to its heuristic significance, its innovation in comparison with the historic patterns and its capability to explain the reality of actual positive law. The proposed research has a genuinely multidisciplinary character. Methods and results of positive international law, political philosophy and political sciences will be brought together and critically evaluated, in order to create an interpretation poem, which may be helpful for a better understanding of the most actual developments in the field of international law."
Original text from CORDIS.
Participants
- MAX PLANCK INSTITUTE FOR COMPARATIVE PUBLIC LAW AND INTERNATIONAL LAW · HEIDELBERGCoordinatorCity levelGermany
Links
Data: CORDIS, © European Union