Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
Release Date: 2011-06-10
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.
Author: Edwin Egede
Publisher: Edinburgh University Press
Release Date: 2013-08-01
Genre: Political Science
An introduction to international law for politics and IR studentsThis textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Written by a lawyer and a political theorist, it shows how international politics has influenced international law.Edwin Egede and Peter Sutch show that neglected questions of justice and ethics are essential to any understanding of the institutions of international society. They walk students through the most crucial questions and critical debates in international law today: sovereignty and global governance, sovereign and diplomatic immunity, human rights, the use of force, sanctions and the domestic impact of international law.
Author: Wayne Sandholtz
Publisher: Edward Elgar Publishing
Release Date: 2017-02-24
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.
Author: J. Martin Rochester
Publisher: CQ Press
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.
Author: Nikolas M. Rajkovic
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.
Author: Tomer Broude
Publisher: Cambridge University Press
Release Date: 2011-03-07
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.
Author: Surabhi Ranganathan
Publisher: Cambridge University Press
Release Date: 2014-12-18
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, States have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate in a variety of writings a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
Author: Matthew C. Waxman
Publisher: Minnesota Historical Society
Release Date: 2000
Urban environments pose enormous difficulties for those planning and conducting military operations within the boundaries of international law and self-imposed political constraints. To help the Air Force develop concepts of operation to conduct joint urban military operations effectively and at lower risk to U.S. forces, this report examines the legal and political context within which urban air operations would take place.
Author: Bruce Cronin
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.
This thesis is a socio-legal study of the politics of international law (i.e. the relationshipbetween international law and international politics). There is not necessarily an acceptedscope, or even direction, of this relationship but it is widely perceived to be important ininternational, as well as national, affairs. Still, this relationship needs to be betterunderstood and articulated. This thesis offers a theoretical and empirical account of thephenomenon of the politics of international law, and its implications for the Chechenconflict by exploring how and to what extent one?s understanding of the phenomenon isdetermined by culture, history, political and social context. Part One is an overview of the literature and theoretical approaches to studying therelationship between (international) law and (international) politics, as well as an analysis ofsixteen face-to-face semi-structured interviews with practitioners of international law andinternational politics from different backgrounds and cultures. That leads to a theoreticalmodel which is applied and verified in Part Two, a case study of the Chechen conflict. Thisfocuses specifically on a socio-historical understanding of international law, thehumanitarian and human rights movement in Russia, and the relationship between humanrights law and international humanitarian law in the judgements of the European Court ofHuman Rights in the so-called Chechen cases. The findings of this study indicate that international politics is highly influenced byinternational law just as international law is affected by international politics. They both areintegral parts of the international system, nevertheless, remain distinct from each other. Itis therefore the politics of international law that allows international relations to take place, where politics provides the means by which the negotiations can take place and law createsspecific language and provides a framework within which the debates can take place. Itdemonstrates that the challenges of modern times make that the two become increasinglyinfluential on one another.
Author: Oona Anne Hathaway
Release Date: 2005
This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.
Author: Charlotte Peevers
Publisher: Oxford University Press
Release Date: 2013-11
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.
Author: Karen J. Alter
Release Date: 2014
""The New Terrain of International Law" provides the most sophisticated account of how 'new style' international courts alter politics by reducing the monopoly power of governments to determine what the law requires. If you can read only one book on how international courts affect the politics of international law, this is the one to read."--Robert O. Keohane, Princeton University "This book gives a definitive account of the growing significance of international courts in global affairs. While the European Court of Justice has been considered the gold standard of supranational courts, Alter demonstrates the breadth of supranational courts spread across the globe. Showing how litigation before international courts can be a powerful tool, her book holds central policy implications."--Thomas Risse, Freie Universitat Berlin, Germany "International lawyers dislike having political scientists in their professional kitchen and political scientists often cannot conceal their disdain of 'naive' lawyers. Alter's carefully researched and insightful new book changes all that. There is no lawyer who will not become wiser from reading it, while many a political scientist will marvel at their failure to note a seismic change in the international order. Alter's voice is unique and indispensable."--J. H. H. Weiler, president of the European University Institute, Florence "This book is a landmark in the history of the study of international courts and tribunals--a true game changer. Sustained by a very thorough empirical analysis, it challenges a lot of established but outdated notions of what international courts and tribunals are and what they do."--Cesare Romano, Loyola Law School, Los Angeles, and codirector of the Project on International Courts and Tribunals "This comprehensive study places institutions at the center of the analysis and moves away from the debate about compliance that has dominated international law scholarship in recent years. Alter builds on her work on the Andean Court of Justice to examine a wide range of international tribunals, including several in the Global South, and to show the broad array of roles that these courts play. A nuanced analysis at the intersection of international law and politics."--Tom Ginsburg, University of Chicago Law School "We now have almost forty-thousand judgments from more than two dozen international courts and this groundbreaking book is the first true social science effort to understand the rapid emergence of international courts and their role in global politics. Anyone even thinking about studying international courts in law, political science, or sociology will have to start here--this book sets the standard for years to come."--Erik Voeten, Georgetown University
Author: Anne Orford
Publisher: Oxford University Press
Release Date: 2016-06-02
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features close to fifty original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.