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Martti Koskenniemi's From Apology to Utopia: A Reflection

Published online by Cambridge University Press:  06 March 2019

Extract

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“International Law is what international lawyers make of it”. Thus ends the new epilogue to the second edition of Martti Koskenniemi's From Apology to Utopia (hereinafter FATU), a seminal work on international law, originally published in 1989 and now republished in 2005. Shortly thereafter, he also notes the inherent situatedness of all international legal practice, citing Outi Korhonen, which has a decisive influence on how international lawyers practice their trade, whether they are formalists, antiformalists, positivists, pragmatists or naturalists. Finally, Koskenniemi notes that the main political point of FATU is an empirical one, that the system of international law has a structural bias, wherein it favors some outcomes or distributive choices over others, especially showing a bias against the South or the Third World.

Type
Articles: Special Issue
Copyright
Copyright © 2006 by German Law Journal GbR 

References

1 Koskenniemi, Martti, From Apology to Utopia: The Structure of International Legal Argument (2005).Google Scholar

2 Korhonen, Outi, International Law Situated: An Analysis of the Layer's Stance towards Culture, History and Community (2000).Google Scholar

3 See, supra note 1 at 616.Google Scholar

4 Id. 606–607.Google Scholar

5 Rajagopal, Balakrishnan, International Law from Below: Development, Social Movements and Third World Resistance (2003).CrossRefGoogle Scholar

6 See, supra note 1 at 484–488.Google Scholar

7 Bedjaoui, Mohamed, Towards a New International Economic Order 50 (1979).Google Scholar