David W. Kennedy

Manley O. Hudson Professor of Law

Director, Institute for Global Law and Policy

Biography

David Kennedy is Manley O. Hudson Professor of Law and Faculty Director of the Institute for Global Law and Policy at Harvard Law School where he teaches international law, international economic policy, legal theory, law and development and European law. He joined the Harvard Law faculty in 1981 and holds a Ph.D. from the Fletcher School at Tufts University and a J.D. from Harvard. He is the author of numerous articles on international law and global governance. His research uses interdisciplinary materials from sociology and social theory, economics and history to explore issues of global governance, development policy and the nature of professional expertise. He has been particularly committed to developing new voices from the third world and among women in international affairs.

As a practicing lawyer and consultant, Professor Kennedy has worked on numerous international projects, both commercial and public, including work with PricewaterhouseCoopers with their emerging markets and anti-corruption practice, with the United Nations, the Commission of the European Union, the Qatar Foundation and with the private firm of Cleary, Gottlieb, Steen and Hamilton in Brussels, where his work combined European antitrust litigation, government relations advising and general corporate law. A member of the U.S. Council on Foreign Relations, he is past Chair and Member of the World Economic Forum’s Global Advisory Council on Global Governance. In 2011, he was appointed Foreign Advisor to Thailand’s Truth for Reconciliation Commission and now serves as a member of the Asian Peace and Reconciliation Commission.

At Harvard, he served as Chair of the Graduate Committee and Faculty Director of International Legal Studies. He founded the European Law Research Center at Harvard in 1991 and served continuously as its Faculty Director. He has advised a number of educational institutions on their academic programs, and lectured as a Visiting Professor at numerous universities across the world. In 2008-2009, he served as Vice President for International Affairs, University Professor of Law and David and Marianna Fisher University Professor of International Relations at Brown University.

http://www.law.harvard.edu/faculty/dkennedy/

Areas of Interest

David Kennedy, A World of Struggle: How Power, Law and Expertise Shape Global Political Economy (Princeton Univ. Press 2016).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Foreign Relations
,
International Trade
,
Human Rights Law
,
Nonprofit & Nongovernmental Organizations
,
International Humanitarian Law
,
International Law
,
Treaties & International Agreements
Type: Book
Abstract
"A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world."
David W. Kennedy, The Rights of Spring: A Memoir of Innocence Abroad (Princeton Univ. Press 2009).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
,
International Humanitarian Law
Type: Book
Abstract
One spring more than twenty years ago, David Kennedy visited Ana in an Uruguayan prison as part of the first wave of humanitarian activists to take the fight for human rights to the very sites where atrocities were committed. Kennedy was eager to learn what human rights workers could do, idealistic about changing the world and helping people like Ana. But he also had doubts. What could activists really change? Was there something unseemly about humanitarians from wealthy countries flitting into dictatorships, presenting themselves as white knights, and taking in the tourist sites before flying home? Kennedy wrote up a memoir of his hopes and doubts on that trip to Uruguay and combines it here with reflections on what has happened to the world of international humanitarianism since.
David W. Kennedy, Of Law and War (Princeton Univ. Press 2006).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
,
Laws of Armed Conflict
Type: Book
Abstract
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence.
David W. Kennedy, It’s not about facts. It’s about politics, First 100 Days (May 11, 2017).
Categories:
Government & Politics
Sub-Categories:
Politics & Political Theory
Type: Other
David W. Kennedy, A New Stream of International Legal Scholarship, in General Theory of International Law (American Classics in International Law v. 1, Siegfried Wiessner ed., 2017).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Critical Legal Studies
,
International Law
Type: Book
David W. Kennedy, Le Droit Entre Théorie et Critique, 2016 Jurisprudence - Revue Critique 131.
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Critical Legal Studies
,
Human Rights Law
,
International Law
,
Biography & Tribute
Type: Article
David W. Kennedy, Law and the Political Economy of the World, in Critical Legal Perspectives on Global Governance (Graime de Burca, Claire Kilpatrick & Joanne Scott eds., 2014).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Global Lawyering
,
International Law
Type: Book
Abstract
This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance.
Law and Economics with Chinese Characteristics: Institutions for Promoting Development in the Twenty-First Century (David W. Kennedy & Joseph E. Stiglitz eds., Oxford Univ. Press 2013).
Categories:
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Economics
,
Foreign Law
Type: Book
Abstract
This volume examines the role of law in economic development. It focuses on China and analyzes how the development policies and institutional characteristics of the emerging Chinese market economy might aid policymakers, in developed and developing countries, to create and reform frameworks to achieve equitable and sustained development.
David W. Kennedy, The International Human Rights Movement: Part of the Problem?, in Laws and Societies in Global Contexts (Eve Darian-Smith ed., 2013).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Book
Abstract
Promotes a global socio-legal perspective that engages with multiple laws and societies and diverse socio-legal systems based on different historical and cultural traditions.
David W. Kennedy, Preface, in New Approaches to International Law: The European and American Experiences (David W. Kennedy & José María Beneyto eds., T.M.C. Asser Press 2012).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Book
Abstract
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America.
David W. Kennedy, The International Human Rights Regime: Still Part of the Problem?, in Examining Critical Perspectives on Human Rights 19 (Rob Dickinson, Elena Katselli, Colin Murray & Ole W. Pedersen eds., Cambridge Univ. Press 2012).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Book
Abstract
This collection evaluates the crisis of confidence in human rights which underpins understandings of just decision making and liberal democracy.
David Kennedy, Lawfare and Warfare, in The Cambridge Companion to International Law 158 (James Crawford & Martti Koskenniemi eds., Cambridge Univ. Press 2012).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Laws of Armed Conflict
,
International Law
Type: Book
Abstract
"This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice"
New Approaches to International Law: The European and American Experiences (José María Beneyto & David Kennedy eds., T. M. C. Asser Press 2012).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
,
International Law
Type: Book
David W. Kennedy & Dan Danielsen, Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act (Open Soc'y Found., Sept. 2011).
Categories:
International, Foreign & Comparative Law
Type: Other
Abstract
This report examines the current efforts in Washington, D.C., to amend the Foreign Corrupt Practices Act (FCPA), a law that forbids U.S.-based companies from bribing foreign officials. Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act argues that these proposed amendments would create loopholes and exceptions so as to drastically alter the effectiveness of the FCPA in combating bribery. Additionally, the report finds that these amendments would halt, and potentially reverse, the worldwide trend toward adoption and enforcement of anti-bribery measures, thus compromising the global fight against corruption.
David W. Kennedy, A Revolution of Reforms? A Possible Agenda for Transition in Egypt (IGLP Working Paper Series 2011, no. 2, Mar. 6, 2011).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Foreign Law
Type: Other
Abstract
It is reasonable for outsiders to wonder whether the Egyptian regime can be changed, just as it was reasonable a month ago to suppose that President Mubarak would be able to manage and contain the demonstrations. These remain early days, the military remains in charge, as it has been for more than fifty years, without institutional checks and balances or mechanisms for accountability. The forces that brought down Mubarak have not yet brought down his regime. They remain fragmented and lacking in institutional structure. Before we dream about agendas for reform, we might well worry whether it is realistic to expect much to change.
David W. Kennedy, Some Caution About Property Rights as a Recipe for Economic Development, 1 Acct. Econ. & L. 1 (2011).
Categories:
Property Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Economics
,
Property Rights
Type: Article
Abstract
In recent years, enhancing the security and clarity or formality of property rights has become something of an idée fixe among global development policy experts. This is more ideological assertion than careful history, however. Western economies have experienced periods of aggressive industrialization and economic growth with a wide range of different property regimes in place. Throughout the West, property rights have always been embedded in a complex legal fabric which modifies their meaning and qualifies their enforcement. In fact, most proposals for “strong and clear” property rights rest, at least in part, on lay conceptions about the legal order which are simply not warranted. These include the following: that “property rights” have an ideal form which can be disentangled from the warp and woof of social and economic struggle in a society; that “private order,” including property rights, and “public regulation” can and ought to be cleanly separated, the one supporting the market, the other potentially distorting it; that “strengthening” property rights has no distributive implications, if only because property law concerns the “rights” of individuals over things rather than complex relations of reciprocal rights and duties among people with respect to things; that concerns about social uses and obligations are only properly pursued outside the property regime, through social regulation of one or another sort; that in a well functioning market economy, all “private” rights can and will be freely rearranged by market forces, rendering decisions about their initial allocation unimportant; or that the formalization of property rights leads cleanly to both efficiency and growth, eliminating the need for policy judgment about the desirability of alternative uses and distributional arrangements. Each of these six ideas supports the notion that the development of a proper law of property can be accomplished without facing complex questions of social, political and economic strategy. But each is incorrect. Property law is a critical domain for engaging, debating and institutionalizing development policy, but it is not a substitute for strategic analysis and political choice. In this short essay, I review these common, if mistaken, ideas about property rights in the West in light of the Western experience. My objective is to place the strategic choices embedded in any property regime in the foreground and lead one to hesitate before accepting conventional neo-liberal wisdom about the importance of “clear” or “strong property rights” for economic development.
David W. Kennedy, One, Two, Three Many Legal Orders: Legal Pluralism and the Cosmopolitan Dream, in Universalism in International Law and Political Philosophy (Petter Korkman & Virpi Mäkinen eds., 2011).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Book
David W. Kennedy, El misterio de la gobernanza global, 24 Revista de Derecho Público 3 (María Angélica Prada Uribe, trans., 2010).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Politics & Political Theory
,
International Law
,
Comparative Law
Type: Article
David W. Kennedy, Doctrine(s): Nouvelles approches du droit international, (Préface d'Emmanuelle Jouannet, Editions Pedone 2009).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Book
Abstract
David Kennedy se livre dans ce recueil d'études - pour la première fois traduites en français - à une réflexion critique sur l'évolution du droit international et de la discipline internationaliste. L'ouvrage inclut certains des textes les plus représentatifs de sa pensée, relatifs à l'histoire de la discipline, l'expertise internationale, le droit humanitaire ou encore la gouvernance globale. L'auteur cherche surtout à montrer que la question aujourd'hui n'est plus seulement de se battre pour consolider les avancées du droit international mais d'en comprendre aussi les dérives et les effets pervers. Le problème n'est plus tant celui des objectifs à réaliser par le biais du droit international comme expertise professionnelle que celui de la possibilité de mettre en oeuvre les règles internationales en échappant aux illusions suscitées par le rôle des experts, les bonnes intentions humanitaires ou les faux consensus de tous ordres.
David W. Kennedy, The Mystery of Global Governance, in Ruling the World: Constitutionalism, International Law, and Global Governance 37 (Joel Trachtman & Jeff Dunoff eds., 2009).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Politics & Political Theory
,
Comparative Law
,
International Law
Type: Book
Abstract
The workshop from which this volume emerged reflected in a variety of ways on constitutionalism as a way of thinking about global governance. In the past few years, many have experimented with the metaphor of a constitution to describe the legal order beyond the nation-state. We have been encouraged to think of the UN Charter as a constitution, particularly when it comes to the use of force. Others have seen a constitutional moment in the emergence of human rights as a global vernacular for the legitimacy of power. Some trade scholars have proposed that we see the World Trade Organization (WTO) as a constitutional order. The WTO has rendered the General Agreement on Tariffs and Trade (GATT) more properly legal, strengthening dispute settlement and deepening engagement with national legal regulations. If, as Ernst-Ulrich Petersmann urges, we were to add human rights to what John Jackson famously termed the WTO's substantive legal “interface” between national regulatory systems, we might well see the result as a constitution, at least to the extent that we are willing to see the legal regime of the European Union in constitutional terms. At the same time, others find the key to world public law in the relations among national constitutions. Comparative constitutional law is front and center in their accounts of how we are governed at the global level.
David W. Kennedy, The Mystery of Global Governance, 34 Ohio N.U. L. Rev. 827 (2008).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Global Lawyering
Type: Article
David W. Kennedy, Leader, Clerk, or Policy Entrepreneur? The Secretary-General in a Complex World, in Secretary or General? The Role of the United Nations Secretary-General in World Politics 158 (Simon Chesterman ed., 2007).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Book
Abstract
"The Secretary-General of the United Nations is a unique figure in world politics. At once civil servant, the world's diplomat, lackey of the UN Security Council, and commander-in-chief of up to a hundred thousand peacekeepers, he or she depends on states for both the legitimacy and resources that enable the United Nations to function. The tension between these roles - of being secretary or general - has challenged every incumbent. This book brings together the insights of senior UN staff, diplomats and scholars to examine the normative and political factors that shape this unique office with particular emphasis on how it has evolved in response to changing circumstances such as globalization and the onset of the 'war on terror'. The difficulties experienced by each Secretary-General reflect the profound ambivalence of states towards entrusting their security, interests or resources to an intergovernmental body."--Publisher's description.
David W. Kennedy, Assessing the Proposal for a Global Parliament: A Skeptics View, 13 Widener L. Rev. 395 (2007).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Type: Article
David W. Kennedy, Louis B. Sohn: Recollections of a Co-conspirator, 48 Harv. Int'l L.J. 25 (2007).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Biography & Tribute
,
Legal Education
Type: Article
David W. Kennedy, Modern War and Modern Law, 16 Minn. J. Int'l L. 471 (2007).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Military, War, & Peace
,
Politics & Political Theory
,
Laws of Armed Conflict
Type: Article
David W. Kennedy, Modern War and Modern Law, 36 U. Balt. L. Rev. 173 (2007).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Military, War, & Peace
,
Politics & Political Theory
,
Laws of Armed Conflict
Type: Article
Abstract
Warfare has become a legal institution. Law organizes and disciplines the military, defines the battlespace, privileges killing the enemy, and offers a common language to debate the legitimacy of waging war – down to the tactics of particular battle. At the same time, law is no longer a matter of firm distinctions –combatant and non-combatant, war and peace. It has become a flexible and strategic partner for both the military and for humanitarians seeking to restrain the violence of warfare. The relationship between modern war and modern law is made all the more complex by today’s asymmetric conflicts, and by the loss of a shared vision about what the law means and how it should be applied. Nevertheless, when law works well, it can be a strategic ally and provide a framework for talking across cultures about the justice and efficacy of wartime violence. When it works poorly, all parties feel their cause is just and no one feels responsible for the deaths and suffering of war. Kennedy explores the ways in which good legal arguments can make people lose their moral compass and sense of responsibility for the violence of war.
David W. Kennedy, One, Two, Three Many Legal Orders: Legal Pluralism and the Cosmopolitan Dream, 31 N.Y.U. Rev. L. & Soc. Change 641 (2007).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
James Der Derian, Michael W. Doyle, Jack L. Snyder & David W. Kennedy, How Should Sovereignty be Defended?, in Politics Without Sovereignty: A Critique of Contemporary International Relations 187 (Christopher J. Bickerton, Philip Cunliffe & Alexander Gourevitch eds., 2006).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Foreign Relations
,
International Law
Type: Book
David W. Kennedy, The Last Treatise: Project and Person (Reflections on Martti Koskenniemi’s From Apology to Utopia), 7 German L.J. 982 (2006).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
International Law
,
Biography & Tribute
Type: Article
David W. Kennedy, Reassessing International Humanitarianism: The Dark Sides, in International Law and its Others 131 (Anne Orford ed., Cambridge Univ. Press, 2006).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
,
International Law
Type: Book
Abstract
"Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organization."
David W. Kennedy, The "Rule of Law," Political Choices, and Development Common Sense, in The New Law and Economic Development: A Critical Appraisal 95 (David Trubek & Alvaro Santos eds., Cambridge Univ. Press 2006).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
Type: Book
Abstract
This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform.
David W. Kennedy, Recasting UN’s Role, Bos. Globe, July 8, 2006.
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
Type: News
David W. Kennedy, Sovereignty: Responding to Anghie and Aravamudan, 41 Tex. Int'l L.J. 465 (2006)(Symposium, Representing Culture: Translating Human Rights).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
Abstract
The article discusses the parallelism and contrasting thoughts of two papers written by Srinivas Aravamudan and Antony Anghie about sovereignty in its contextual relation to politics. The authors define sovereignty as something that which take governance and where the power to decide resides, suggesting further that these are the particular form that which politics take. They both advance the idea that these form changes owing to a particular moment and dependent on the needs of the time.
David W. Kennedy, Challenging Expert Rule: The Politics of Global Governance, in Corporate and Employment Perspectives in a Global Business Environment (Boel Flodgren ed., 2006).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Law & Political Theory
Type: Book
David W. Kennedy, International Humanitarianism: The Dark Sides, in Human Rights and Development: Law, Policy and Governance (C. Raj Kumar & D.K. Srivastava eds., 2006).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
Type: Book
David W. Kennedy, Modern War and Modern Law, 12 Int'l Legal Theory 55 (2006).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Military, War, & Peace
,
Politics & Political Theory
,
Laws of Armed Conflict
Type: Article
David W. Kennedy, Reassessing the Humanitarian Promise of the International Legal Tradition, 126 Zeitschrift für Schweizerisches Recht 133 (2006).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
Type: Article
The Canon of American Legal Thought (David W. Kennedy & William W. Fisher eds., Princeton Univ. Press 2006).
Categories:
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
Abstract
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history.
David W. Kennedy, War and International Law: Distinguishing the Military and Humanitarian Professions, 82 Int'l L. Studies 3 (2006).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Military, War, & Peace
,
International Law
,
International Humanitarian Law
Type: Article
David W. Kennedy, Challenging Expert Rule: The Politics of Global Governance, 27 Sydney J. Int'l. L. 5 (2005).
Categories:
Banking & Finance
,
International, Foreign & Comparative Law
Sub-Categories:
Financial Reform
,
International Monetary Systems
,
International Law
Type: Article
Abstract
In my Julius Stone Memorial Address, I explored the hypothesis that everyday decisions made by the professionals who manage norms and institutions which seem to lie in the background of global politics may be more important to global wealth and poverty than what we customarily think of as the big political and economic decisions made by parliaments and presidents or brought about by war and peace. If you have the energy to protest, criticise and change the distribution of wealth and status in our newly globalised world, it can be hard to locate points at which allocative decisions can be politically contested. The urgent political disputes that become international front-page news can seem peripheral to the decisions responsible for the distribution of things in the world. Although meetings of the International Monetary Fund (IMF) or the G–7 (Group of Seven) provide useful backdrops for street protest and media attention, it is not clear that the decisions being taken inside those meeting rooms are either meaningfully responsible for global distributions of wealth and power or contestable in conventional political terms. Although it is easy to think of international affairs as a rolling sea of politics over which we have managed to throw but a thin net of legal rules, in truth the situation today is more the reverse. There is law at every turn— and only the most marginal opportunities for engaged political contestation. The footprint of national rules and national adjudication extends far beyond their nominal territorial jurisdiction. Private ordering, standards bodies, financial institutions and payment systems, tax systems, trade regimes — all are managed by legal expertise. Indeed, to say the world is covered in law is also to say we are increasingly governed by experts — legal experts. Even the story of the war in Iraq is overwhelmingly one of law, of military force mobilised coordinated and legitimated by law. The difficulty is to understand more adequately what these experts do, the nature and limits of their vocabulary, and the possibilities for translating their work into politically contestable terms — or promoting the experience of responsible human freedom among the experts who govern our world.
David W. Kennedy, Humanitarismo Internacional: Los Lados Oscuros, 13 Advocatus 39 (2005).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
Type: Article
David W. Kennedy (with Ray Marshall, Harley Shaiken & Sharmila Rudrappa), Roundtable III: Linking Outsourcing and Insourcing in a Global Economy, in Working Borders: Linking Debates about Insourcing and Outsourcing of Capital and Labor (University of Texas School of Law, Feb. 10-11, 2005), 40 Tex. Int’l L.J. 784 (2005).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Law & Economics
,
International Law
Type: Article
David W. Kennedy, Speaking Law to Power: International Law and Foreign Policy, Closing Remarks, 23 Wis. Int'l L.J. 173 (2005).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
Abstract
Speaking Law to Power: International Law and Foreign Policy, Closing Remarks made at the University of Wisconsin Law School, March 6, 2004.
David W. Kennedy, The Move to Institutions, in International Organizations (Jan Klabbers ed., 2005).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Military, War, & Peace
,
International Law
,
Treaties & International Agreements
Type: Book
David W. Kennedy, International Humanitarianism: The Dark Sides, 6 Int'l J. Not-for-Profit L. 3 (2004).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
Type: Article
David W. Kennedy, El Movimiento Internacional de los Derechos Humanos: ¿Forma Parte del Problema?, 48 THEMIS L. Rev. 149 (2004).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Article
Abstract
La traducción estuvo a cargo de Mariela Pérez-Costa. En el presente artículo, el autor hace un análisis crítico del actual movimiento de los Derechos Humanos. Afirma que este adolece de dos problemas principales: La tendencia a considerar estos derechos como algo absoluto y el exceso de pragmatismo con que pueden ser aplicados. Los profesionales dedicados a la defensa de los Derechos Humanos son conscientes de estos problemas; sin embargo, son cínicos y no asumen las responsabilidades de sus actos. El autor concluye el texto previendo el fin del paradigma de los derechos fundamentales, ahogado en sus contradicciones, y el advenimiento de una nueva maquinaria política a escala global.
David W. Kennedy, The Dark Sides of Virtue: Reassessing International Humanitarianism (Princeton Univ. Press 2004).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
,
International Law
,
Human Rights Law
Type: Book
Abstract
In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian yearnings into action on a global scale--and what we can do in response. Rooted in Kennedy's own experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. It takes us from the jails of Uruguay to the corridors of the United Nations, from the founding of a non-governmental organization dedicated to the liberation of East Timor to work aboard an aircraft carrier in the Persian Gulf. Kennedy shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. With humanitarianism's new power comes knowledge that even the most well-intentioned projects can create as many problems as they solve. Kennedy develops a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work--from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings. Writing for all those who wish that "globalization" could be more humane, Kennedy urges us to think and work more pragmatically.
David W. Kennedy, Introduction, International Symposium on the International Legal Order, 16 Leiden J. Int’l L. 839 (2003).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
Abstract
That the international system has changed dramatically in the years since the end of the Cold War has become a commonplace. But which changes are most profound, and what is their significance for international legal order? The last decade of the twentieth century generated dozens of books and articles hailing a transformed world order and interpreting its political, economic, and social consequences. We have more distance now. The first years of this century have underscored the significance of changes in the structure of international affairs – but they also demonstrate how difficult it is to interpret them with confidence.
David W. Kennedy, The Methods and Politics of Comparative Law, in Comparative Legal Studies: Traditions and Transitions 345 (Pierre Legrand & Roderick Munday eds., 2003).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Comparative Law
Type: Book
David W. Kennedy, Laws and Development, in Law and Development: Facing Complexity in the 21st Century 17 (Amanda Perry-Kessaris & John Hatchard eds., 2003) (Published in Spanish as Derecho y Desarollo, by Dr. Encarnacion Postigo Pinzano, 2003).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Corruption
,
Developing & Emerging Nations
Type: Book
Abstract
Selected papers from the third in a series of conferences on law and development held at Cumberland Lodge, Windsor Great Park, UK.
Zipporah Wiseman, Kathryn Abrams, Katherine Franke & David Kennedy, Roundtable Discussion: Is Subversion Subversive?, 13 Tex. J. Women & L. 149 (2003).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Feminist Legal Theory
,
Law & Political Theory
Type: Article
Abstract
Presents a roundtable discussion on the subversive nature of legal archaeology in women's studies. Structural tension or contradictions in women's studies; Need to fully theorize the connection of legal archaeology to the term feminist; Role of subversion in teaching humility; Evolution of feminist theory as a discipline; Role of feminism in promoting democracy.
David W. Kennedy, Tom Franck and the Manhattan School, 35 N.Y.U. J. Int'l L. & Pol. 397 (2003).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
David W. Kennedy, When Renewal Repeats: Thinking Against the Box, in Left Legalism/Left Critique 373 (Wendy Brown & Janet Halley eds., 2002).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Critical Legal Studies
,
International Law
Type: Book
David W. Kennedy, When Renewal Repeats: Thinking Against the Box, in Left Legalism/Left Critique (Wendy Brown & Janet Halley eds., 2002).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Critical Legal Studies
,
International Law
Type: Book
Abstract
In the essays collected here Brown and Halley have assembled a powerful response to hegemony of a liberalism that lacks conviction.
David W. Kennedy, The Methods and Politics of Comparative Law, in The Common Core of European Private Law: Essays on the Project 17 (Mauro Bussani & Ugo Mattei eds., 2002).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Comparative Law
,
Civil Law
Type: Book
David W. Kennedy, El Derecho internacional: un vocabulario disciplinar para la crítica y la reforma, 4 Revista Electrónica de Estudios Internacionales (2002).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
David W. Kennedy, Rompiendo moldes en el Derecho Internacional cuando la renovación es repetición (Dykinson 2002).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Book
Abstract
Esta obra contiene dos historias sobre el Derecho internacional del siglo XXI en los Estados Unidos. Y las dos son distintas de las que cuenta habitualmente la propia disciplina. La primera tiene que ver con las transformaciones del vocabulario disciplinar a través de oleadas sucesivas de renovación generacional, y la segunda con los proyectos en los que están involucrados los iusinternacionalistas que animan a su vez a la ransformación de ese vocabulario general.
David W. Kennedy, The International Human Rights Movement: Part of the Problem?, 14 Harv. Hum. Rts. J. 101 (2002).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Article
David W. Kennedy, The Twentieth Century Discipline of International Law in the United States, in Looking Back at Law’s Century 386 (Austin Sarat, Bryant Garth & Robert A. Kagan eds., 2002).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Book
David W. Kennedy, Tecnocrazia e Contesto: Ovvero i fraintendimenti della globalizzazione e la (ri) scoperta del background, Anno XIX Rivista Critica del Diritto Privato 663 (2001).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
David W. Kennedy, The Spectacle and the Libertine, in Aftermath: The Clinton Impeachment and the Presidency in the Age of Political Spectacle 279 (Leonard V. Kaplan & Beverly I. Moran eds., 2001).
Categories:
Government & Politics
Sub-Categories:
Executive Office
,
Politics & Political Theory
Type: Book
Abstract
Originally presented at a conference held at the University of Wisconsin Law School on February 5, 2000 entitled “Aftermath: Conversations on the Clinton Scandal, the Future of the Presidency and the Liberal State”.
David W. Kennedy, Duncan Kennedy, A Critique of Adjudication: Fin De Siècle, 22 Cardozo L. Rev. 991 (2001).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Critical Legal Studies
Type: Article
David W. Kennedy, The Forgotten Politics of International Governance, 2 Eur. Hum. Rts. L. Rev. 117 (2001).
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
Human Rights Law
Type: Article
David W. Kennedy, The International Human Rights Movement: Part of the Problem?, 3 Eur. Hum. Rts. L. Rev. 245 (2001).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Article
David W. Kennedy, The Politics of the Invisible College: International Governance and the Politics of Expertise, 5 Eur. Hum. Rts. L. Rev. 463 (2001).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Humanitarian Law
,
International Law
Type: Article
David W. Kennedy, The Politics and Methods of Comparative Law, Downing College, Cambridge, U.K. (July 26-30, 2000).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Comparative Law
Type: Presentation
Abstract
Presented at Downing College, Cambridge, U.K. July 26-30 (2000).
David W. Kennedy, My Talk at the ASIL: What is New Thinking in International Law?, 94 Am. Soc'y Int'l L. Proc. 104 (2000).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
David W. Kennedy, Contributions of a Workshop on New Scholarship in International Public and Private Law, Organized by the AAA and the European Law Research Centre of Harvard Law School, the Hague, 22-23 July 2000: Introduction, 2000 Hague Y.B. Int'l L. 3.
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
David W. Kennedy, Les Clichés Revisités, le Droit International et la Politique, Droit International 4 (2000).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
Abstract
Université Panthéon-Assas (Paris II), Institut des hautes études internationales de Paris. Originally presented as courses on public international law and economy in Paris in Feb. 1998.
David W. Kennedy, When Renewal Repeats Thinking Against the Box, 32 N.Y. U. J. Int'l. L. & Pol. 335 (2000).
Categories:
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
International Law
Type: Article
David W. Kennedy, The International Style in Postwar Law and Policy, in Law and Moral Action in World Politics 54 (Cecelia Lynch & Michael Loriaux eds., 1999).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Book
Abstract
In Law and Moral Action in World Politics, the authors -- activists and scholars of international law and international relations -- pose these questions in new ways.
David W. Kennedy, The Nuclear Weapons Case: International Law at the Close of the Twentieth Century, in International Law, the International Court of Justice and Nuclear Weapons (Laurence Boisson de Chazournes & Philippe Sands eds., 1999).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Laws of Armed Conflict
,
International Law
Type: Book
Abstract
Most comprehensive book analysing the ICJ Advisory Opinions on nuclear weapons handed down in 1996.
David W. Kennedy, Images of Religion in International Legal Theory, in Religion and International Law (Mark W. Janis & Carolyn Evans eds., 1999).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Religion & Law
,
International Law
Type: Book
David W. Kennedy, The Disciplines of International Law and Policy, 12 Leiden J. Int'l L. 9 (1999).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Comparative Law
,
Foreign Relations
,
International Law
Type: Article
Abstract
This article considers the idea that the professional and intellectual disciplines which have developed in the United States to advance insight into international affairs also have characteristic blind spots and biases which leave professionals and intellectuals working within them more sanguine about the status quo than they might otherwise be. I am particularly interested in blind spots and bias which emerge from interactions among the disciplines of public international law, international economic law, comparative law, and international relations. Although internationalists in the United states working in these disciplines have broadly divergent methodologies and political ideologies, they share a sensibility which narrows the range of concerns and the scope of political possibilities which seem plausible to professionals and intellectuals concerned with international law and policy.
David W. Kennedy, Background Noise? - the Politics Beneath Global Governance, 21 Harv. Int'l Rev., no. 3, 1999, at 52.
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
Mitchel Lasser (Moderator), Duncan Kennedy, David Kennedy, Nathaniel Berman (Discussants), Norman Silber and Lawrence Kessler (Commentators), Critical Legal Theory, in Law and the Arts (Susan Tiefenbrun eds., 1999).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Critical Legal Studies
,
Arts & Entertainment Law
Type: Book
Abstract
This interdisciplinary study examines the relationships between law and the humanities.
David W. Kennedy, Global Religion and the Law, in One Nation Under God?: Religion and American Culture 115 (Marjorie Garber & Rebecca L. Walkowitz eds., 1999).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Religion & Law
,
International Law
Type: Book
David W. Kennedy, The International Anti-Corruption Campaign, 14 Conn. J. Int'l L. 455 (1999).
Categories:
International, Foreign & Comparative Law
Type: Article
David W. Kennedy, Losing Faith in the Secular: Law, Religion and International Governance, in 4 Graven Images: Transgression, Punishment, Responsibility and Forgiveness 138 (Andrew D. Weiner & Leonard V. Kaplan eds., 1998).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Religion & Law
,
International Law
Type: Book
Abstract
Founded as a journal but now evolving into a book series, Graven Images illuminates culture, the law, and the human urge for transcendence.
David W. Kennedy, Putting the Politics Back in International Politics, 1998 Fin. Y.B. Int'l L. 17.
Categories:
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
Abstract
Symposium on Global Governance, United Nations and the Role of International Law: The First Session.
David W. Kennedy, Three Questions, 3 N.Y. City L. Rev. 9 (1998).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Article
David W. Kennedy, Book Review, 91 Am. J. Int'l L.. 745 (1997)(reviewing Sharon Korman, The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice (1996)).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
Type: Article
David W. Kennedy, New Approaches to Comparative Law: Comparativism and International Governance, 2 Utah L. Rev. 545 (1997).
Categories:
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
Comparative Law
,
International Law
Type: Article
David W. Kennedy, International Law and the Nineteenth Century: History of an Illusion, 65 Nordic J. Int'l L. 385 (1996).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
International Law
,
Legal History
Type: Article
David W. Kennedy, International Law and the Nineteenth Century: History of an Illusion, 17 Quinnipiac L. Rev. 99 (1996).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
International Law
,
Legal History
Type: Article
David W. Kennedy, Law's Literature, in Field work : sites in literary and cultural studies (Marjorie Garber, Paul B. Franklin & Rebecca L. Walkowitz eds., 1996).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Book
Abstract
What can cultural studies tell us about culture? This volume of work, fresh from the dig, presents a timely account of current thinking on central issues within and beyond the humanities today.
David W. Kennedy, Receiving the International, in Law, Life and the Images of Man: Modes of Thought in Modern Legal Theory: festschrift for Jan M. Broekman (Frank Fleerackers, Evert van Leeuwen & Bert van Roermund eds., 1996).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
European Law
,
International Law
,
Trade Regulation
,
Treaties & International Agreements
Type: Book
David W. Kennedy, An Autumn Weekend, in After Identity: A Reader in Law and Culture 191 (Dan Danielsen & Karen Engle eds., 1995).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
International Law