A Transcivilizational Perspective on International Law: Questioning Prevalent Cognitive Frameworks in the Emerging Multi-Polar and Multi-Civilizational World of the Twenty-First Century
The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
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this is a must-read book for anyone interested in the fundamentals of international law. especially I was astonished to read the chapter on the sources. this book is a must for every law library. this book can give any other book on international aw a run for their money.
A COGNITIVE FRAMEWORK TO UNDERSTAND THE TWENTYFIRSTCENTURY WORLD
CHAPTER II POWER AND LEGITIMACY IN INTERNATIONAL LAW
CHAPTER III TOWARDS A PROPER UNDERSTANDING OF GENERAL INTERNATIONAL LAW CUSTOMARY INTERNATIONAL LAW AN...