Martti Koskenniemi

Bio: Martti Koskenniemi is an academic researcher from University of Helsinki. The author has contributed to research in topics: International law & Public international law. The author has an hindex of 34, co-authored 140 publications receiving 6074 citations. Previous affiliations of Martti Koskenniemi include Ministry for Foreign Affairs of Finland & University of Edinburgh.

The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870–1960

Abstract: Introduction 1. 'The legal conscience of the civilized world' 2. Sovereignty: a gift of civilization 3. International law as philosophy: Germany 1871-1933 4. International law as sociology: French 'solidarism' 1871-1950 5. Lauterpacht: the Victorian tradition in international law 6. Out of Europe: Carl Schmitt, Hans Morgenthau and the turn to 'international relations' Epilogue.

From Apology to Utopia: The Structure of International Legal Argument

Abstract: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable facade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

Fragmentation of International Law? Postmodern Anxieties

Abstract: Successive ICJ Presidents have expressed concern about the proliferation of international tribunals and substantive fragmentation of international law. This is not a new phenomenon. International law has always lacked a clear normative and institutional hierarchy. The problem is more how new institutions have used international law to further new interests, especially those not predominant in traditional law. The anxiety among ICJ judges should be seen less as a concern for abstract “coherence” than a worry about the demise of traditional principles of diplomatic law and the Court's privileged role as their foremost representative. As jurisdictional conflicts reflect divergent political priorities, it is unclear that administrative co-ordination can eliminate them. This does not, however, warrant excessive worries over fragmentation; it is an institutional expression of political pluralism internationally.

The Politics of International Law

Abstract: Koskenniemi: A Critical Introduction by Emmanuelle Jouannet Part I: The Politics of International Law 1. Between Apology to Utopia: The Politics of International Law 2. The Politics of International Law - 20 Years Later Part II: The Law and Politics of Collective Security 3. The Place of Law in Collective Security 4. 'The Lady Doth Protest Too Much': Kosovo, and the Turn to Ethics in International Law Part III: The Politics of Human Rights 5. The Effect of Rights on Political Culture 6. Human Rights, Politics and Love Part IV: Limits and Possibilities of International Law 7. Between Impunity and Show Trials 8. Faith, Identity, and the Killing of the Innocent: International Lawyers and Nuclear Weapons 9. International Law and Hegemony: a Reconfiguration 10. What is International Law For? Part V: The Spirit of International Law 11. Between Commitment and Cynicism: Outline for a Theory of International Law as Practice 12. Style as Method: Letter to the Editors of the Symposium 13. Miserable Comforters: International Relations as New Natural Law 14. The Fate of Public International Law: Between Technique and Politics

International Norm Dynamics and Political Change

Abstract: Norms have never been absent from the study of international politics, but the sweeping “ideational turn” in the 1980s and 1990s brought them back as a central theoretical concern in the field. Much theorizing about norms has focused on how they create social structure, standards of appropriateness, and stability in international politics. Recent empirical research on norms, in contrast, has examined their role in creating political change, but change processes have been less well-theorized. We induce from this research a variety of theoretical arguments and testable hypotheses about the role of norms in political change. We argue that norms evolve in a three-stage “life cycle” of emergence, “norm cascades,” and internalization, and that each stage is governed by different motives, mechanisms, and behavioral logics. We also highlight the rational and strategic nature of many social construction processes and argue that theoretical progress will only be made by placing attention on the connections between norms and rationality rather than by opposing the two.

Social Theory of International Politics

Abstract: Drawing upon philosophy and social theory, Social Theory of International Politics develops a theory of the international system as a social construction. Alexander Wendt clarifies the central claims of the constructivist approach, presenting a structural and idealist worldview which contrasts with the individualism and materialism which underpins much mainstream international relations theory. He builds a cultural theory of international politics, which takes whether states view each other as enemies, rivals or friends as a fundamental determinant. Wendt characterises these roles as 'cultures of anarchy', described as Hobbesian, Lockean and Kantian respectively. These cultures are shared ideas which help shape state interests and capabilities, and generate tendencies in the international system. The book describes four factors which can drive structural change from one culture to another - interdependence, common fate, homogenization, and self-restraint - and examines the effects of capitalism and democracy in the emergence of a Kantian culture in the West.

Two Treatises of Government.

Abstract: All these premises having, as I think, been clearly made out, it is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction; so that he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition and rebellion, (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us.

The Institutional Dynamics of International Political Orders

Abstract: The history of international political orders is written in terms of continuity and change in domestic and international political relations. As a step toward understanding such continuity and change, we explore some ideas drawn from an institutional perspective. An institutional perspective is characterized in terms of two grand issues that divide students of international relations and other organized systems. The first issue concerns the basic logic of action by which human behavior is shaped. On the one side are those who see action as driven by a logic of anticipated consequences and prior preferences. On the other side are those who see action as driven by a logic of appropriateness and a sense of identity. The second issue concerns the efficiency of history. On the one side are those who see history as efficient in the sense that it follows a course leading to a unique equilibrium dictated by exogenously determined interests, identities, and resources. On the other side are those who see history as inefficient in the sense that it follows a meandering, path-dependent course distinguished by multiple equilibria and endogenous transformations of interests, identities, and resources. We argue that the tendency of students of international political order to emphasize efficient histories and consequential bases for action leads them to underestimate the significance of rule- and identity-based action and inefficient histories. We illustrate such an institutional perspective by considering some features of the coevolution of politics and institutions, particularly the ways in which engagement in political activities affects the definition and elaboration of political identities and the development of competence in politics and the capabilities of political institutions.