Publications
Benedict Kingsbury: Publications
Listed below are: articles in journals; chapters in books; edited books; monographs; and journal symposia convened. Links to full texts of publications are provided where possible.
Articles in Journals
"El Surgimiento del Derecho Administrativo Global (translation of The Emergence of Global Administrative Law)," (with Nico Krisch and Richard Stewart) 24 Poder y Derecho Internacional: Edición Especial de la Revista de Derecho Público Universidad de Los Andes, (2010); Res Publica Argentina (2007)
“Global Administrative Law in the Operations of International Organizations” (ed. L. Boisson de Chazournes, L. Casini, and B. Kingsbury), 6:2 IOLR (2009).
"Weighing Global Regulatory Decisions in National Courts," Acta Juridica (2009)
“The Concept of ‘Law’ in Global Administrative Law," 20 European Journal of International Law 23 (2009)
"Quan Qiu Xing Zheng Fa De Chan Sheng (Chinese translation of The Emergence of Global Administrative Law)," 5-6 Huan Qiu Fa Lü Ping Lun (2008) (with Nico Krisch and Richard Stewart)
"Preface: Studying the Armed Activities Decision," 40 NYU Jn'l Int'l L. & Pol. 1 (2008) (with JHH Weiler)
"A Madisonian Theory of the Law of Nations: James Madison's 1806 Examination of British Depredations on Neutral Trade" 100 Proceedings of the American Society of International Law (2006)
"Introduction: Global Governance and Global Administrative Law in the International Legal Order," 17 European Journal of International Law 1 (2006) (with Nico Krisch)
"Displacement and Relocation from Protected Areas: International Law Perspectives on Rights, Risks and Resistance," 4 Conservation and Society 404 (2006) (with Doreen Lustig)
"Omnilateralism and Partial International Communities: The Empowering and Checking Functions of Global Administrative Law," 104 Journal of International Law and Diplomacy 98 (2005)
"The Administrative Law Frontier in Global Governance," 99 Proceedings of the American Society of International Law (2005)
"Foreword: Global Governance as Administration - National and Transnational Approaches to Global Administrative Law," 68:3-4 Law and Contemporary Problems (2005) (with Nico Krisch, Richard B. Stewart and Jonathan B. Wiener)
"The Emergence of Global Administrative Law," 68 Law and Contemporary Problems 15 (2005) (with Nico Krisch and Richard B. Stewart)
"Indigenous Groups and the Politics of Recognition in Asia: Cases from Japan, Taiwan, West Papua, Bali, the People’s Republic of China, and Gilgit," 11 International Journal on Minority and Group Rights 1 (2004)
"Neo-Madisonian Global Constitutionalism: Thomas M. Franck's Democratic Cosmopolitan Prospectus for Managing Diversity and World Order in the 21st Century," 35 New York University Journal of International Law and Politics 291 (2003)
"Crisis, Community, and Courts in Network Governance: A Response to Liebman and Sabel’s Approach to Reform of Public Education," 28 NYU Review of Law and Social Change 319 (2003)
"Competing Conceptual Approaches to Indigenous Group Issues in New Zealand Law," 52 University of Toronto Law Journal 101 (2002)
"First Amendment Liberalism as Global Legal Architecture: Ascriptive Groups and the Problems of the Liberal NGO Model of International Civil Society," 3 Chicago Journal of International Law 183 (2002)
"Reconciling Five Competing Conceptual Structures of Indigenous Peoples' Claims in International and Comparative Law,"34 New York University Journal of International Law and Politics 189 (2002)
"Legal Positivism as Normative Politics: International Society, Balance of Power and Lassa Oppenheim’s Positive International Law," 13 The European Journal of International Law 2 (2002)
"Foreword: Is the Proliferation of International Courts and Tribunals a Systemic Problem?" 31 New York University Journal of International Law and Politics 679 (1999)
"Confronting Difference: The Puzzling Durability of Gentili’s Combination of Pragmatic Pluralism and Normative Judgment," 92 American Journal of International Law 713 (1998)
"Sovereignty and Inequality," 9 Euro. J. Int'l. L. 599 (1998)
"The Concept of Compliance as a Function of Competing Conceptions of International Law," 19 Michigan Journal of International Law 345 (1998)
(Symposium on Implementation, Compliance and Effectiveness)
"Indigenous Peoples in International Law: A Constructivist Approach to the Asian Controversy," 92 Am. J. Int'l L. 414 (1998)
(Awarded Francis Deak Prize by the American Journal of International Law, 1999)
(Earlier version published in Korean, 'Asia "Tochakmin" Ui Kukjepopchok Kaenyom'. Sasang (Journal of Social Thought), the quarterly journal of the Institute of Social Science, Seoul (Winter 1996), pp. 246-60.)
"A Grotian Tradition of Theory and Practice?: Grotius, Law, and Moral Skepticism in the Thought of Hedley Bull," 17 Quinnipac L. Rev. 3 (1997)
(Lead-off paper in symposium on Traditions of Thought About International Law)
"Claims by Non-State Groups in International Law," 25 Human Rights Law 489 (1996)
"The Tuna-Dolphin Controversy, the World Trade Organization, and the Liberal Project to Reconceptualize International Law," 5 Y.B. Int'l Envtl. L. 1 (1995)
(An abridged version appeared in the Duke Law Magazine (Spring 1995).)
"Judicial Determination of Foreign "Government" Status,"109 L. Quarterly Rev. (1993)
(Reprinted in Philip Alston ed., Human Rights Law (International Library of Essays in Law and Legal Theory, New York University Press, 1996), pp. 489-521.)
(Cited in the UN Human Rights Committee's final views in Länsman v. Finland (1994), CCPR/C/52/D/511/1992.)
"Claims by Non-State Groups in International Law," 25 Cornell International Law Journal 481 (1992)
"Developments in Dispute Settlement: Inter-State Arbitration Since 1945," 63 Brit. Y.B. Int'l L. 97 (1992)
Chapters in Books
"Introduction: The UN's Roles in International Society," in United Nations, Divided World (Chinese edition with fully revised Introductory chapter and appendices, forthcoming) (with Adam Roberts)
"State of Nature versus Commercial Sociability as the Basis of International Law," in Philosophy of International Law (Samantha Besson and John Tasioulas, ed., Oxford University Press, 2010) (with Benjamin Straumann)
"Perspectives on the Development of Global Administrative Law in Latin America" in El nuevo derecho administrativo global en América Latina(Buenos Aires: Rap, October 2009)(with Richard Stewart)
"El surgimiento del Derecho Administrativo Global", in El nuevo derecho administrativo global en América Latina (Buenos Aires: Rap, October 2009)(with Nico Krisch and Richard Stewart)
"Climate Finance for Limiting Emissions and Promoting Green Development: Mechanisms, Regulation, and Governance" in Climate Finance: Regulatory and Funding Strategies for Climate Change and Global Development (NYU Press, September 2009)(with Richard Stewart and Bryce Rudyk)
"Investor-State Arbitration as Governance: Fair and Equitable Treatment, Proportionality and the Emerging Global Administrative Law," in 50 Years of the New York Convention, ICCA Congress Series no. 14 (Albert Jan van den Berg, ed., Kluwer Law International, 2009) (with Stephan Schill)
"International Law as Inter-Public Law," in NOMOS XLIX: Moral Universalism and Pluralism (Henry R. Richardson and Melissa S. Williams, ed., New York University Press, 2009)
"Legitimacy and Accountability in Global Regulatory Governance: The Emerging Global Administrative Law and the Design and Operation of Administrative Tribunals of International Organizations," in International Administrative Tribunals in a Changing World (Spyridon Flogaitis, ed., Esperia, 2008) (with Richard Stewart)
"Global Administrative Law: Implications for National Courts," in Seeing the World Whole: Essays in Honor of Sir Kenneth Keith (Claudia Geiringer and Dean Knight, ed., University of Wellington Press, 2008)
“‘Indigenous Peoples’ in International Law: A Constructivist Approach to the Asian Controversy” in The Concept of Indigenous Peoples in Asia (Christian Erni, ed., International Work Group for Indigenous Affairs and Asia Indigenous Peoples Pact Foundation, 2008)
"Global Environmental Governance as Administration: Implications for International Law," in Oxford Handbook of International Environmental Law. (Edited by Dan Bodansky, Jutta Brunnee, and Ellen Hey, Oxford University Press, 2007)
"Ascriptive Groups and the Problems of the Liberal NGO Model of International Civil Society," in Global Justice and the Bulwarks of Localism (Edited by Chris Eisgruber and Andras Sajo. Leiden: Brill, 2005)
"People and Boundaries: An “Internationalized Public Law” Approach," in States, Nations, and Borders: The Ethics of Making Boundaries (Edited by Allen Buchanan and Margaret Moore, Cambridge: Cambridge University Press, 2003, pp. 298-315)
"Legal Positivism as Normative Politics: International Society, Balance of Power and Lassa Oppenheim’s Positive International Law," in East Asian and European Perspectives on International Law (Edited by Michael Stolleis and Masaharu Yanagihara, Baden-Baden: Nomos, 2003, pp. 139-77)
"The International Legal Order," in Oxford Handbook of Legal Studies (Edited by Peter Cane and Mark Tushnet, Oxford: Oxford University Press, 2003, pp. 271-97)
"Reconciling Five Competing Conceptual Structures of Indigenous Peoples' Claims in International and Comparative Law," in Peoples' Rights (Edited by Philip Alston, Oxford: Oxford University Press, 2001, pp. 69-110)
"Reconstructing Self-Determination: A Relational Approach," in Operationalizing The Right of Indigenous Peoples to Self Determination (Edited by Pekka Aikio and Martin Scheinin, Turku: Abo Akademi, 2000, pp. 19-37)
"Gentili, Grotius, and the Extra-European World," in The Law of the Sea (Edited by H. Scheiber, Dordrecht: Kluwer, 2000, pp.39-60)
"Globalizzazione, Sovranita e Disuguaglianza," in Alberico Gentili nel quarto centenario del De Jure Belli: Atti del Convegno Ottava Giornata Gentiliana (Milano: Giuffrè, 2000, pp. 79-123 (and Intervento, pp. 159-67))
"The Applicability of the International Legal Concept of 'Indigenous Peoples' in Asia," in The East Asian Challenge for Human Rights (Edited by Joanne Bauer and Daniel Bell. Cmbridge: Cambridge University Press, 1999, pp. 336-77)
"Sovereignty and Inequality," in Inequality, Globalization, and World Politics (Edited by Andrew Hurrell and Ngaire Woods. Oxford, U.K.: Oxford University Press, 1999, pp. 66-94)
"Operational Policies of International Institutions as Part of the Lawmaking Process: The World Bank and Indigenous Peoples," in The Reality of International Law: Essays in Honour of Ian Brownlie (Edited by Guy Goodwin-Gill and Stefan Talmon. Oxford: Oxford University Press, 1999, pp. 323-42)
"Competing Conceptions of International Law: First Nations and the United Nations," in Swords and Ploughshares: The United Nations in Transition (Edited by Ron Wheeler and W.H. McConnell. Toronto: Canadian Scholars' Press, 1998)
"The Concept of Compliance as a Function of Competing Conceptions of Law," in International Compliance with Non-Binding Accords (Edited by Edith Brown Weiss. Washington, DC: American Society of International Law (Studies in Transnational Legal Policy No. 29), 1997, pp. 49-80)
(Reprinted in Trilateral Perspectives on International Legal Issues: From Theory Into Practice (Edited by Thomas Schoenbaum, Junji Nakagawa and Linda Reif. Dobbs Ferry, NY: Transnational Publications, 1998, pp. 9-34))
"Grotius, Law, and Moral Scepticism: Theory and Practice in the Thought of Hedley Bull," in Classical Theories of International Relations (Edited by Ian Clark and Iver Neumann. London: Macmillan, 1996, pp. 42-70)
"The Concept of 'Indigenous Peoples' in Asia: International Law Issues," in “…Vines That Won’t Bind …”: Indigenous Peoples in Asia (Edited by C. Erni, Copenhagen: International Work Group for Indigenous Affairs, 1996, pp. 53-72)
"'Indigenous Peoples' as an International Legal Concept," in Indigenous Peoples of Asia (Edited by R.H. Barnes, A. Gray, B. Kingsbury. Ann Arbor, MI: Association for Asian Studies (Monograph Series), 1995, pp. 13-34 (and pp. 395-404, 441-6))
"Environment and Trade: The GATT/WTO Regime in the International Legal System," in Economic Growth and Environmental Regulation (Edited by A.E. Boyle. Oxford, U.K.: Oxford University Press, 1994, pp. 189-231)
"Introduction: The UN’s Roles in International Society Since 1945," in United Nations, Divided World (with A. Roberts. Second edition, Oxford University Press, 1993, pp. 1-62)
"Inter-State Arbitration Since 1945: Overview and Evaluation," (With C.D. Gray) in International Courts for the Twenty-First Century (Edited by M. Janis. Dordrecht, Netherlands: Martinus Nijhoff, 1992, pp. 55-83)
"The International Politics of the Environment: An Introduction," (With A. Hurrell) in The International Politics of the Environment (Edited by A. Hurrell, B. Kingsbury. Oxford, U.K.: Oxford University Press, 1992, pp. 1-47)
"Introduction: Grotian Thought in International Relations," in Hugo Grotius and International Relations (Edited by H. Bull, A. Roberts, B. Kingsbury. Oxford, U.K.: Oxford University Press, 1990, pp. 1-64)
"The Treaty of Waitangi: Some International Law Aspects," in Waitangi: Maori and Pakeha Perspectives on the Treaty (Edited by I.H. Kawharu. Auckland, N.Z.: Oxford University Press, 1989, pp. 121-57)
(Cited extensively by, and argument on the international legal status of the Treaty of Waitangi adopted by, the statutory Waitangi Tribunal in its Ngai Tahu claim report (1991), pp. 218-221)
"Introduction: The UN’s Roles in International Society Since 1945," (With A. Roberts) in United Nations, Divided World: The UN’s Roles in International Relations (Edited by A. Roberts, B. Kingsbury. Oxford, U.K.: Oxford University Press, First edition, 1988, pp. 1-29)
(Second edition, Oxford University Press, 1993, pp. 1-62)
Edited Books
United Nations, Divided World, Chinese edition with fully revised Introductory chapter and appendices, and Foreword by Professor Wang Jisi of Peking University (Beijing: Central Composition and Translation Press, forthcoming) (ed. with Adam Roberts)
Alberico Gentili's De Armis Romanis (Wars of the Romans) (1599), trans. David Lupher (Oxford University Press, forthcoming) (ed. with Benjamin Straumann)
Global Regulatory Governance and the State: India and the Emergence of Global Administrative Law (Delhi: Oxford University Press, forthcoming) (co-editor with Pratap Mehta et al)
El nuevo derecho administrativo global en América Latina (Buenos Aires: Rap, October 2009) (co-editor)
Climate Finance: Regulatory and Funding Strategies for Climate Change and Global Development,
NYU Press (September 2009) (ed. with Richard B. Stewart and Bryce Rudyk)
"Symposium on Armed Activities on the Territory of the Congo: Democratic Republic of Congo v. Uganda," 40 NYU Journal of International Law and Politics 1-217 (2008) (co-editor with JHH Weiler)
"Symposium on Global Governance and Global Administrative Law in the International Legal Order," 17 European Journal of International Law 1 (2006) (co-editor with Nico Krisch)
“Symposium on The Emergence of Global Administrative Law”, Law and Contemporary Problems 68:3-4 (2005), pp. 1-377 (editor with Nico Krisch, Richard Stewart, and Jonathan Wiener)
"Indigenous Groups and the Politics of Recognition in Asia," 11 International Journal on Minority and Group Rights (2004) (edited with Kirsty Gover)
Indigenous Peoples of Asia (Association of Asian Studies, 1995) (edited with R.H. Barnes and Andrew Gray)
United Nations, Divided World: The UN's Roles in International Relations (Oxford University Press, 1993) (ed. with Adam Roberts)
The International Politics of the Environment (Oxford University Press, 1992) (edited with Andrew Hurrell)
Hugo Grotius and International Relations (OUP, 1990) (edited with Hedley Bull and Adam Roberts)
Monographs
Alberico Gentili e il Mondo Extra-europeo: gli Infideli, gli Indiani d’America, e la sfida della differenza (Centro Internazionale di Studi Gentiliani: Settima Giornata Gentiliana.) Milan: Giuffrè, 2001.
Presiding Over A Divided World: Changing UN Roles 1945-93
With Adam Roberts. Boulder, CO: Lynne Rienner Publishers (International Peace Academy Occasional Paper Series), 1994. This short monograph is a modified and extended version of the introduction to the second edition of United Nations, Divided World.
Journal Symposia Edited or Convened
Special Editor (with
Laurence Boisson de Chazournes and Lorenzo Casini) of
International Organizations Law Review Symposium on 'Global Administrative Law in the Operations of International Organizations', Vol. 6:2 (2009). Table of Contents , event materials.
Joint organizer (with J.H.H. Weiler) of NYU Journal of International Law and Politics Symposium on ‘Armed Activities on the Territory of the Congo: Democratic Republic of Congo v. Uganda’, Vol 40 (2008), pp. 1-217
Special Editor (with Nico Krisch), of European Journal of International Law Symposium on ‘Global Governance and Global Administrative Law in the International Legal Order’, vol. 17:1 (2006), pp. 1-278.
Special Editor (with Nico Krisch, Richard B. Stewart and Jonathan B. Wiener), of Law and Contemporary Problems Symposium on ‘The Emergence of Global Administrative Law’, vol 68:3-4 (2005), pp. 1-377.
Joint organizer (with Richard Stewart) of NYU Journal of International Law and Politics Symposium on ‘Global Administrative Law’, Vol 37:4 (2005), pp. 663-1001.
Guest Editor (with Kirsty Gover) of International Journal on Minority and Group Rights symposium on ‘Indigenous Groups and the Politics of Recognition in Asia: Cases from Japan, Taiwan, West Papua, Bali, the People's Republic of China, and Gilgit’, vol 11: 1-2 (2004), pp. 1-228. (download pp. 1-124 and pp. 125-228)
Joint organizer (with David Golove and Karen Knop) of NYU Journal of International Law and Politics Symposium on ‘International Law and Justice in the Twenty-First Century: The Enduring Contributions of Thomas M. Franck’, Oct. 2002, published Vol 35:2 (2003), pp. 291-517.
Joint organizer (with Cesare Romano) of NYU Journal of International Law and Politics Symposium on ‘Proliferation of International Tribunals: Piecing Together the Puzzle’, Sept. 1998, published in Vol 31:4 (1999), pp. 679-933.
