Bryant G. Garth (American Bar Foundation and Southwestern Law school) has posted Rebuilding International Law after the September 11 Attack: Contrasting Agendas of High Priests and Legal Realists (Loyola University Chicago International Law Review, Forthcoming) on SSRN. Here is the abstract:
This talk at the dedication of a chair in international law at Loyola in Chicago focused on what might be done to rebuild international law after September 11 and the Bush administration’s rejection of many potentially progressive international obligations. It suggests that the way forward is not necessarily to revive uncritically the supposedly emerging global consensus developing prior to September 11. It argues that a renewed focus on what it takes to legitimate international law requires more of the insights of the “new legal realism” than the pronouncements of the “high priests” of international law.