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David Kennedy & Martti Koskenniemi, The Object of Critique: What is International Law?, in Leading Works in International Law (Donna Lyons ed., 2023).


Abstract: Professionals deals with law and international matters from within their subject specialty, foregrounding national regulatory regimes and private law arrangements: international tax, international aspects of antitrust, international business regulation, the law of armed conflict and so on. International law is also often seen as an unqualified good, associated with order and justice and peace, with global problem-solving and universally shared values—good for everyone. With international law, there are doubtless many who benefit from an overvalued project credited with universal virtues—its mandarins, of course, but probably others, some of them hegemons and some not. When international legal norms are effective in shaping the use of force, they clearly benefit some at the expense of others.