Legal ethics in a post-Westphalian world : building the international rule of law and otehr tasks
Sampford, Charles (2010) Legal ethics in a post-Westphalian world : building the international rule of law and otehr tasks. In Mortensen, Reid & Tranter, Kieran (Eds.) Reaffirming Legal Ethics : Taking Stock and New Ideas. Routledge (Taylor & Francis), UK.
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The emergence of strong sovereign states after the Treaty of Westphalia turned two of the most cosmopolitan professions (law and arms) into two of the least cosmopolitan. Sovereign states determined the content of the law within their borders – including which, if any, ecclesiastical law was to be applied; what form of economic regulation was adopted; and what, if any, international law applied. Similarly, states sought to ensure that all military force was at their disposal in national armies. The erosion of sovereignty in a post-Westphalian world may significantly reverse these processes.
The erosion of sovereignty is likely to have profound consequences for the legal profession and the ethics of how, and for what ends, it is practised. Lawyers have played a major role in the civilization of sovereign states through the articulation and institutionalisation of key governance values – starting with the rule of law. An increasingly global profession must take on similar tasks. The same could be said of the military.
This essay will review the concept of an international rule of law and its relationship to domestic conceptions and outline the task of building the international rule of law and the role that lawyers can and should play in it.
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|Item Type:||Book Chapter|
|Keywords:||Rule of Law, Legal Ethics|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
|Copyright Owner:||Copyright 2010 Please consult the author.|
|Deposited On:||14 Jul 2011 02:17|
|Last Modified:||14 Jul 2011 14:57|
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