{"title":"国际法能成为反抗之法吗?重振国际规范雄心的十项措施(Le droit International petroit -il undrode resistance?)(二)条件不符合国际标准。","authors":"F. Mégret","doi":"10.2139/ssrn.1212542","DOIUrl":null,"url":null,"abstract":"International law has traditionally been above all a law aimed at reinforcing sovereignty and, secondarily, of taming it via the emergence of an international community. What is typically excluded from this encounter is a whole series of efforts undertaken by civil society, individuals, or social movements, even when those objectively reinforce international law's goals. International law as a normative project could gain significantly from a greater recognition of the striking role played by non-state actors in its implementation. A case can be made that if international law increasingly casts itself substantively as a law of human beings, then its modes of implementation should follow suit. The idea of resistance as a rehabilitation of the role human agency can provide the missing link. The article suggests ten preliminary conditions before such a utopia could take root.","PeriodicalId":413544,"journal":{"name":"Public Choice (Topic)","volume":"59 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2007-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Can International Law Be a Law of Resistance? Ten Steps for a Renewal of International Normative Ambition (Le droit International peut-il etre un droit de resistance? Dix conditions pour un renouveau de l'ambition normative internationale)\",\"authors\":\"F. Mégret\",\"doi\":\"10.2139/ssrn.1212542\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"International law has traditionally been above all a law aimed at reinforcing sovereignty and, secondarily, of taming it via the emergence of an international community. What is typically excluded from this encounter is a whole series of efforts undertaken by civil society, individuals, or social movements, even when those objectively reinforce international law's goals. International law as a normative project could gain significantly from a greater recognition of the striking role played by non-state actors in its implementation. A case can be made that if international law increasingly casts itself substantively as a law of human beings, then its modes of implementation should follow suit. The idea of resistance as a rehabilitation of the role human agency can provide the missing link. The article suggests ten preliminary conditions before such a utopia could take root.\",\"PeriodicalId\":413544,\"journal\":{\"name\":\"Public Choice (Topic)\",\"volume\":\"59 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2007-08-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Public Choice (Topic)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.1212542\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Public Choice (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.1212542","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Can International Law Be a Law of Resistance? Ten Steps for a Renewal of International Normative Ambition (Le droit International peut-il etre un droit de resistance? Dix conditions pour un renouveau de l'ambition normative internationale)
International law has traditionally been above all a law aimed at reinforcing sovereignty and, secondarily, of taming it via the emergence of an international community. What is typically excluded from this encounter is a whole series of efforts undertaken by civil society, individuals, or social movements, even when those objectively reinforce international law's goals. International law as a normative project could gain significantly from a greater recognition of the striking role played by non-state actors in its implementation. A case can be made that if international law increasingly casts itself substantively as a law of human beings, then its modes of implementation should follow suit. The idea of resistance as a rehabilitation of the role human agency can provide the missing link. The article suggests ten preliminary conditions before such a utopia could take root.