The Politics of International Law

Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 9781847316554
Release Date: 2011-06-10
Genre: Law

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Research Handbook on the Politics of International Law

Author: Wayne Sandholtz
Publisher: Edward Elgar Publishing
ISBN: 9781783473984
Release Date: 2017-02-24
Genre:

What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

The Politics of International Law

Author: Christian Reus-Smit
Publisher: Cambridge University Press
ISBN: 0521546710
Release Date: 2004-04-29
Genre: Law

This volume advances a new perspective on the politics of international law, illustrated through case studies.

Between Peril and Promise

Author: J. Martin Rochester
Publisher: CQ Press
ISBN: 9781483301617
Release Date: 2011-11-08
Genre: Political Science

In this concise introduction to international law, students gain a clear appreciation for how politics shapes the development of international law, and how international law shapes political relations between states. Throughout the book, Rochester takes this complex subject and makes it accessible with his vibrant, easy-to-read prose.

Politics of International Law and International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 9780748684526
Release Date: 2013-08-20
Genre: Political Science

A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

The Politics of International Economic Law

Author: Tomer Broude
Publisher: Cambridge University Press
ISBN: 9781139499125
Release Date: 2011-03-07
Genre: Law

How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.

The New Terrain of International Law

Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 9781400848683
Release Date: 2014-01-24
Genre: Political Science

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Sovereign Rules and the Politics of International Economic Law

Author: Marc Froese
Publisher: Routledge
ISBN: 9781351115568
Release Date: 2018-03-20
Genre: Political Science

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law – introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.

The Politics of Justifying Force

Author: Charlotte Peevers
Publisher: Oxford University Press
ISBN: 9780199686957
Release Date: 2013-11
Genre: Law

The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.

Decolonising International Law

Author: Sundhya Pahuja
Publisher: Cambridge University Press
ISBN: 9781139502061
Release Date: 2011-09-29
Genre: Law

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

The UN Security Council and the Politics of International Authority

Author: Bruce Cronin
Publisher: Routledge
ISBN: 9781135973575
Release Date: 2008-03-04
Genre: Political Science

Observes how the growth of the political authority of the Council challenges the basic idea that states have legal autonomy over their domestic affairs. The individual essays survey the implications that flow from these developments in the crucial policy areas of: terrorism; economic sanctions; the prosecution of war crimes; human rights; humanitarian intervention; and the use of force. In each of these areas, the evidence shows a complex and fluid relation between state sovereignty, the power of the United Nations, and the politics of international legitimation. Demonstrating how world politics has come to accommodate the contradictory institutions of international authority and international anarchy, this book makes an important contribution to how we understand and study international organizations and international law. Written by leading experts in the field, this volume will be of strong interest to students and scholars of international relations, international organizations, international law and global governance.

The Politics of International Law and Compliance

Author: Nikolas Rajkovic
Publisher: Routledge
ISBN: 9781136632778
Release Date: 2011-09-01
Genre: LAW

Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. Through this analysis, a historical tracing of varied factors of political influence and a conceptualization of compliance is provided, resulting in a rich interdisciplinary work embracing political science, international relations and social theory. By scrutinizing the social meanings and political practices which become attached to prescribed norms in compliance processes, this book provides a highly-relevant insight into contemporary meanings of ‘compliance’. Politics of International Law and Compliance will be of interest to students and scholars of politics, international relations and international law, and European politics.

The Politics of International Law and Compliance

Author: Nikolas M. Rajkovic
Publisher: Routledge
ISBN: 9781136632761
Release Date: 2011-09-01
Genre: Political Science

Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. Through this analysis, a historical tracing of varied factors of political influence and a conceptualization of compliance is provided, resulting in a rich interdisciplinary work embracing political science, international relations and social theory. By scrutinizing the social meanings and political practices which become attached to prescribed norms in compliance processes, this book provides a highly-relevant insight into contemporary meanings of ‘compliance’. Politics of International Law and Compliance will be of interest to students and scholars of politics, international relations and international law, and European politics.

The Politics of Private Transnational Governance by Contract

Author: A. Claire Cutler
Publisher: Routledge
ISBN: 9781315409559
Release Date: 2017-03-31
Genre: Political Science

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.