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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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A Response †

A Response †

(p.83) 9 A Response
Comparative Law as Transnational Law

Martti Koskenniemi

Oxford University Press

This chapter presents Martti Koskenniemi's response to the general discussion around his book, From Apology to Utopia. He identifies two themes that emerge as a constant source of puzzlement. How does the argument in that book affect—if at all—the way we do international law? And what does the claim to be “critical” really mean? These are considered aspects of one larger set of problems that permeate the whole of that work. Koskenniemi briefly touches upon the question of change in international law as it relates to the kind of structuralist or deconstructive enquiry performed in From Apology to Utopia and in other such works. He says that one aspect of From Apology to Utopia that few commentators fail to comment upon is its pervasive and relentless, even tiring, binarism.

Keywords:   Martti Koskenniemi, From Apology to Utopia, international law, binarism

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