KOL250 | International Law Through a Libertarian Lens (PFS 2018)

Kinsella on Liberty Podcast, Episode 250. Related: International Law, Libertarian Principles, and the Russia-Ukraine War Using International Law to Protect Property Rights and International Investment Rubins, Papanastasiou, Kinsella, International Investment, Political Risk, and Dispute Resolution, 2d ed. (Oxford University Press, 2020) This is the audio of my presentation to the 2018 PFS meeting on Saturday, Sept. 15, 2018. Powerpoint slides embedded below. Youtube embedded below. Also podcast at PFP195. Related material: see material linked in the above slides, including: Kinsella, On the UN, the Birchers, and International Law International Law, Libertarian Principles, and the Russia-Ukraine War Rubins, Papanastasiou & Kinsella’s International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide, Second Edition (Oxford, 2020) KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012) International Law MOOC (Youtube) Sovereignty, International Law, and the Triumph of Anglo-American Cunning | Joseph R. Stromberg Rosalyn Higgins, Problems and Process: International Law and How We Use It (Clarendon, 1994) Mark Janis, International Law (7th Ed. 2018) Restatement (Third) of the Law, The Foreign Relations Law of the United States (1987), HeinOnline, Westlaw (not online) American Society of International Law (ASIL), Electronic Information System for International Law (EISIL) https://www.asil.org/resources/electronic-resource-guide-erg and http://www.eisil.org/ M.N. Shaw, International Law (7th Ed. 2017) Ian Brownlie (Crawford), Principles of Public International Law (1966) (8th ed., 2012) See also Neocons Hate International Law The UN, International Law, and Nuclear Weapons Nukes and International Law Update: In response to the simpleminded but common comment and legal positivistic sentiment that international law is not real or that international law does not exist, because there is no sovereign state and enforceable legislation, see, inter alia, Anthony D'Amato, "What 'Counts' as Law?," in Law-Making in the Global Communkty, Nicholas G. Onuf, ed. (1982), Northwestern Public Law Research Paper No. 11-02, and many other treatises and papers. Also Is international law real? Professor José Alvarez weighs in ("almost all 0:18 states comply with almost all international law almost all the time. 0:22 Most people focused on the almost, but the fact is that they do comply it's 0:28 just not front page news when they do"); International Law Explained | Kal Raustiala | Big Think; Philip Allott - The True Nature of International Law. See my International Law, Libertarian Principles, and the Russia-Ukraine War; see also Murray Rothbard, "Just War," in John Denson, ed., The Costs of War: Much of "classical international law" theory, developed by the Catholic Scholastics, notably the 16th-century Spanish Scholastics such as Vitoria and Suarez, and then the Dutch Protestant Scholastic Grotius and by 18th- and 19th-century jurists, was an explanation of the criteria for a just war. For war, as a grave act of killing, needs to be justified. ... Classical international law ... should be brought back as quickly as possible.