Power and Law in International Society

Author: Mark Klamberg
Publisher: Routledge
ISBN: 9781317617129
Release Date: 2015-04-24
Genre: Law

When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

Latin America and the International Court of Justice

Author: Paula Wojcikiewicz Almeida
Publisher: Routledge
ISBN: 9781317511359
Release Date: 2016-11-25
Genre: Law

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Routledge Handbook of International Law

Author: David Armstrong
Publisher: Routledge
ISBN: 9781134113088
Release Date: 2009-01-13
Genre: Law

The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

The United States and Great Power Responsibility in International Society

Author: Wali Aslam
Publisher: Routledge
ISBN: 9781135043292
Release Date: 2013-07-24
Genre: Political Science

This book evaluates American foreign policy actions from the perspective of great power responsibility, with three case studies: Operation Iraqi Freedom, American drone strikes in Pakistan and the post- 9/11 practice of extraordinary rendition. This book argues that the US invasion of Iraq in 2003, American drone attacks in Pakistan and the practice of extraordinary rendition are the examples of irresponsible actions undertaken by the U.S. acting as a great power in international society. Focusing on a major theoretical approach of International Relations, the English School, this book considers the responsibilities of great powers in international society. It points to three obligations of great powers: to act according to the norm of legality, to act according to the norm of legitimacy, and to adhere to the principles of prudence. The author applies the criteria of legality, legitimacy and prudence, to analyse the three foreign policy endeavours of the U.S., and, developing a normative framework, clarifies the implications for future U.S. foreign policy. This book will be of strong interest to students and scholars of international relations, international relations theory, American politics, foreign policy studies, international law, South Asian studies and Middle Eastern studies.

International Humanitarian Law and Justice

Author: Mats Deland
Publisher: Routledge
ISBN: 9781351104425
Release Date: 2018-10-03
Genre: History

In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.

Genocide and its Threat to Contemporary International Order

Author: A. Gallagher
Publisher: Springer
ISBN: 9781137280268
Release Date: 2013-01-21
Genre: Political Science

For far too long the discipline of International Relations has failed to engage with the study of genocide. This is despite the fact that genocide holds a direct relationship with the central concepts of international relations: the state, war, power, and security. This bold, innovative and unique book sets out to tackle this by bringing the concept of genocide into the discipline of IR, via the English School, in order to theorise the relationship between genocide, justice, and order. Drawing on a wide-range of primary and secondary interdisciplinary material from International Relations, Genocide Studies, Security Studies, International Law, History, Politics and Political Theory, this book aims to understand genocide within the context of International Relations and the implications that this has on policymaking. Gallagher identifies the obstacles and challenges involved in bringing the study of genocide into IR and uniquely analyses the impact of genocide on the ordering structure of international society.

Social Power in International Politics

Author: Peter van Ham
Publisher: Routledge
ISBN: 9781135159993
Release Date: 2010-04-05
Genre: Political Science

Social power, defined as "the ability to set standards, create norms and values that are deemed legitimate and desirable, without resorting to coercion or payment", is a central part of contemporary international politics. This text introduces and defines the concept of social power and considers how it works in international politics. It demonstrates how social power is a complex phenomenon that manifests itself in a wide variety of ways and circumstances, particularly in culture, institutions, law, and the media. Providing a global perspective on the role of social power from the EU, the US, the Middle East, and China, this book: Focuses on the key aspects of social power: centrality, complexity, and comprehensiveness. Examines the complex relationship between soft and hard power, the role of the media, and new communications technologies. Explores the interplay between state and non-state actors in framing the public discourse, setting the agenda, molding identities, and ultimately determining the outcome of policy processes. Features a broad range of international case studies and addresses issues including: culture and pop culture, media, public diplomacy, and branding. With particular focus on the social power of non-state actors, such as non-governmental organizations, the media, and consumers, Social Power in International Politics offers a thought-provoking new perspective on how power is exercised in the complex reality of the contemporary world. It will be of particular interest to students and scholars of international relations, political science, and media and communications studies.

Criminal Justice in International Society

Author: Willem de Lint
Publisher: Routledge
ISBN: 9781135078485
Release Date: 2014-01-03
Genre: Social Science

This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.

Observing International Relations

Author: Mathias Albert
Publisher: Routledge
ISBN: 9781134376490
Release Date: 2004-07-31
Genre: Political Science

Observing International Relations draws upon the modern systems theory of society, developed by Niklas Luhmann, to provide new perspectives on central aspects of contemporary world society and to generate theoretically informed insights on the possibilities and limits of regulation in global governance. The authors develop a Luhmannian theory of world society by contrasting it with competing notions of international society, critically discussing the use of modern systems theory in international relations theory and assessing its treatment of central concepts within international relations, such as power, sovereignty, governance and war.

Intimations of Global Law

Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 9781316195703
Release Date: 2014-11-22
Genre: Law

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

National European and Human Security

Author: Mary Kaldor
Publisher: Routledge
ISBN: 9781136280863
Release Date: 2012-08-21
Genre: Political Science

This book examines how national security strategies relate to an emerging common European or global vision of security, and to human security ideas. Human security and national security are often regarded as competing and mutually antagonistic; the former was proposed and has been operationalised in ways which represent a paradigm shift away from state-centric approaches and the dominance of national-security perspectives. This has led to human security being associated with a broadening of the security agenda to encompass not only physical security, the use of force and military capabilities, but also the provision of material well-being and dignity to vulnerable communities. This edited volume seeks to identify key concepts and themes in the national discourse of several European countries, addressing security at a meta-narrative and conceptual level, illustrating the changes taking place in approaches to security, and in particular, mapping moves away from a paradigm of ‘national security’ to one which might be called ‘human security’. It also enables an assessment of whether national security is currently converging at either European or global levels. This book will be of much interest to students of human security, European politics, discourse analysis, war and conflict studies, and IR/security studies in general.

Southeast Asia and the English School of International Relations

Author: L. Quayle
Publisher: Springer
ISBN: 9781137026859
Release Date: 2013-01-17
Genre: Political Science

This book examines the interface between the theoretical framework known as the English School and the international and transnational politics of Southeast Asia. The region-theory dialogue it proposes signals productive ways forward for the theory.

Verfassungsfragmente

Author: Gunther Teubner
Publisher: Suhrkamp Verlag
ISBN: 9783518772805
Release Date: 2012-03-12
Genre: Law

Nicht zuletzt durch eine Reihe von öffentlichen Skandalen wurde in den letzten Jahren die »Neue Verfassungsfrage« aufgeworfen. Menschenrechtsverletzungen durch multinationale Unternehmen, Korruption im Medizin- und Wissenschaftsbetrieb, Bedrohung der Meinungsfreiheit durch private Intermediäre im Internet, massive Eingriffe in die Privatsphäre durch Datensammlung privater Organisationen und mit besonderer Wucht die Entfesselung katastrophaler Risiken auf den weltweiten Kapitalmärkten – sie alle werfen Verfassungsprobleme im strengen Sinne auf. Ging es früher um die Freisetzung der politischen Machtenergien des Nationalstaats und zugleich um ihre wirksame rechtsstaatliche Begrenzung, so geht es nun darum, ganz andere gesellschaftliche Energien zu diskutieren und in ihren destruktiven Konsequenzen wirksam zu beschränken. Konstitutionalismus jenseits des Nationalstaats – das heißt zweierlei: Die Verfassungsprobleme stellen sich außerhalb der Grenzen des Nationalstaats in transnationalen Politikprozessen und zugleich außerhalb des institutionalisierten Politiksektors in den »privaten« Sektoren der Weltgesellschaft.

Common goods

Author: Adrienne Windhoff-Héritier
Publisher: Rowman & Littlefield Pub Inc
ISBN: STANFORD:36105110289340
Release Date: 2002
Genre: Business & Economics

As European countries become more interdependent, the provision of common goods increasingly must be organized across national boundaries, levels of government, and sectors. In addition, former adversaries in the public and private sectors must learn to collaborate rather than compete. These changing paradigms call for new institutional and instrumental arrangements that move beyond existing modes of national governance. Offering a unique focus on the emerging role of private actors, this volume explores the evolving challenge of governing common goods in an increasingly transnational environment.

Making Sense Making Worlds

Author: Nicholas Onuf
Publisher: Routledge
ISBN: 9781136219467
Release Date: 2013-05-07
Genre: Political Science

Nicholas Onuf is a leading scholar in international relations and introduced constructivism to international relations, coining the term constructivism in his book World of Our Making (1989). He was featured as one of twelve scholars featured in Iver B. Neumann and Ole Wæver, eds., The Future of International Relations: Masters in the Making? (1996); and featured in Martin Griffiths, Steven C. Roach and M. Scott Solomon, Fifty Key Thinkers in International Relations, 2nd ed. (2009). This powerful collection of essays clarifies Onuf’s approach to international relations and makes a decisive contribution to the debates in IR concerning theory. It embeds the theoretical project in the wider horizon of how we understand ourselves and the world. Onuf updates earlier themes and his general constructivist approach, and develops some newer lines of research, such as the work on metaphors and the re-grounding in much more Aristotle than before. A complement to the author’s groundbreaking book of 1989, World of Our Making, this tightly argued book draws extensively from philosophy and social theory to advance constructivism in International Relations. Making Sense, Making Worlds will be vital reading for students and scholars of international relations, international relations theory, social theory and law.