International Law as Constructive Resistance towards Peace and Justice

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Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.

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Makoto Seta, Ph.D. (2015), Waseda University, is Associate Professor of international law at that university. He has published monographs and many articles on the law of the sea, including International Law for the Ocean Governance (Sanseido, 2015).

Yota Negishi, Ph.D. (2017), Waseda University, is Associate Professor of International Law at Seinan Gakuin University, Fukuoka, Japan. He has published articles in the distinguished journals including European Journal of International Law. He also published a monograph titled Conventionality Control of Domestic Law (Nomos).
Introduction International Law as Constructive Resistance for Peace and Justice
  Makoto Seta and Yota Negishi

Part 1
(De-)Constructive Resistance for Alterity in International Law
1 The Phenomenological Embodiment of International Lawyers: The Gaze at People Living ‘In This Corner of the Beautiful World’
  Yota Negishi

2 For Belated Justice in International Law: Righting Historical Wrongs in East Asia
  Kohki Abe

Part 2
(Re-)Constructing Peace and Justice in International Law
3 Gender-Based Violence against Women in International Law: Transformative Possibility of International Law
  Miho Omi

4 The Right to Peace Revisited: Beyond an Aspiring Norm
  Yasue Mochizuki

Part 3
Constructive Resistance in International Law from Below
5 Treaty on the Prohibition of Nuclear Weapons as Legal Correction of International Injustice Issues of Normalization of ‘Human Security’ and Creation of World Law
  Masashi Nakayama

6 Enemy or Disobedience?: Paradigm Crisis on the Use of Lethal Force in Occupied Territory
  Kyo Arai

Part 4
Constructive Resistance through International Legal Institutions
7 International Organisations and Contestation: Reconsidering Democratic Control in Global Constitutionalism
  Ryuya Daidouji

8 Legal Control for the UN Security Council: Toward Jus Contra Oligarchiam as Critical Global Constitutionalism
  Masami Maruyama

Part 5
Constructive Resistance in International Law by Sovereign States?
9 The United Nations and the Big Powers at a Time of ‘Patriotic Unilateralism’ and ‘Global Governance’
  Tetsuya Yamada

10 The Role of Universal Jurisdiction in Achieving International Legal Justice: A Global Constitutionalism Perspective
  Makoto Seta

Index

Academics, practitioners and students of international law and organisations.
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