Events such as the legal arguments surrounding the 2003 Iraq War and the creation of the International Criminal Court highlight the significance of international law in the contemporary world. This new textbook provides an introduction to the relationship between international law and international relations. David Armstrong, Theo Farrell and Hélène Lambert explore the evolution, nature and function of international law in world politics and situate international law in its historical and political context. They propose three interdisciplinary 'lenses' through which to view the role of international law in world politics: realist, liberal and constructivist. These lenses offer different ways of looking at international law in terms of what it is, how it works and how it changes. Topics covered include the use of force, human rights, international crimes, international trade and the environment, and each chapter features discussion questions and guides to further reading
Structural causes and regime consequences : regimes as intervening variables (1982) / Stephen D. Krasner -- The demand for international regimes (1982) / Robert O. Keohane -- Democratic states and commitments in international relations (1996) / Kurt Taylor Gaubatz -- On compliance (1993) / Abram Chayes and Antonia Handler Chayes -- Is the good news about compliance good news about cooperation? (1996) / George Downs, David M. Rocke, and Peter Barsoom -- The concept of legalization (2000) / Kenneth Abbot [and others] -- Legalized dispute resolution : interstate and transnational (2000) / Robert Keohane, Andrew Moravcsik, and Anne-Marie Slaughter -- Legalization, trade liberalization, and domestic politics : a cautionary note (2000) / Judith Goldstein and Lisa L. Martin -- Alternatives to "legalization" : richer views of law and politics (2001) / Martha Finnemore and Stephen J. Toope -- Quasi-states, dual regimes, and neoclassical theory : international jurisprudence and the third world (1987) / Robert H. Jackson -- Which norms matter? revisiting the "failure" of internationalism (1997) / Jeffrey W. Legro -- The territorial integrity norm : international boundaries and the use of force (2001) / Mark Zacher -- Why are some international agreements informal? (1991) / Charles Lipson -- The politics of dispute settlement design : explaining legalism in regional trade pacts (2000) / James McCall Smith -- Loosening the ties that bind : a learning model of agreement flexibility (2001) / Barbara Koremenos -- Driving with the rearview mirror : on the rational science of institutional design (2001) / Alexander Wendt -- The dynamics of international law : the interaction of normative and operating systems (2003) / Paul F. Diehl, Charlotte Ku, and Daniel Zamora -- Europe before the court : a political theory of legal integration (1993) / Anne-Marie Slaughter [Burley] and Walter Mattli -- The European Court of Justice, national governments, and legal integration in the European Union (1998) / Geoffrey Arrett, R. Daniel Kelemen, and Heiner Schulz -- Scraps of paper? agreements and the durability of peace (2003) / Virginia Page Fortna -- In the shadow of law or power? consensus-based bargaining and outcomes in the GATT/WTO (2002) / Richard H. Steinberg -- The legalization of international monetary affairs (2000) / Beth Simmons -- Constructing an atrocities regime : the politics of war crimes tribunals (2001) / Christopher Rudolph -- The origins of human rights regimes : democratic delegation in postwar Europe (2000) / Andrew Moravcsik -- Regime design matters : international oil pollution and treaty compliance (1994) / Ronald B. Mitchell -- The regime complex for plant genetic resources (2004) / Kal Raustiala and David G. Victor.
The United Nations held a week-long Congress on Public International Law at its headquarters in New York in 1995 - the year of the celebration of the Organization's fiftieth anniversary - under the general theme `Towards the Twenty-first Century: International Law as a Language for International Relations'. The purpose of the Congress was thus to assist the international community, and in particular the legal profession, to meet the challenges and expectations of the present-day world. Views were expressed, and exchanged, on the codification, progressive development and implementation of public international law, both in theory and in practice, as well as on its teaching and dissemination. The Proceedings of the United Nations Congress contain the presentations and lectures of well-known jurists and professors - in the language given (English, French or Spanish) - as well as discussions that took place after the lectures. Subject matter includes: (1) The principles of international law: theoretical and practical aspects of their promotion and implementation; (2) Means of peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice; (3) Conceptual and practical aspects of the codification and progressive development of international law: new developments and priorities; (4) New approaches to research, education and training in the field of international law and its wider appreciation; and (5) Towards the twenty-first century: new challenges and expectations
Cover -- Contents -- Preface -- Glossary -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- P -- Q -- R -- S -- T -- U -- 1 The Development and Nature of International Law -- Introduction -- The Historical Development of International Law -- The Binding Nature of International Law -- The Enforcement of International Law -- Centralized enforcement machinery -- Extra-legal considerations -- The enforcement of international law by individual states -- 2 The General Principles of International Law -- States as Sovereign Entities -- What is a state? -- State sovereignty and international law -- States as the Primary Subjects of International Law -- International organizations -- Individuals -- The Sources of International Law -- Customary international law -- Treaties as sources of international law -- Other sources of international law -- 3 International Relations Perspectives on International Law -- The Approach of International Relations Theories to International Law -- Realism -- Institutionalism -- Liberalism -- Constructivism -- Recent Interdisciplinary Work on the Role of International Law -- Byers: custom, power and the power of rules -- Koh: why nations obey -- Arend: do international rules matter? -- Conclusions -- 4 Preventing the Use of Force by States: Korea, the Gulf Conflict and Beyond -- Introduction -- Korea (1950) -- The Gulf Conflict (1990-1) -- The Legality of Subsequent 'Enforcement' Actions -- Iraq (1998) -- Kosovo (1999) -- Conclusions -- 5 Diplomacy and the Threat of Force -- Introduction -- The Threat of Force as a Tool of International Diplomacy -- The Legality of the Threat of Force -- Permissible Threats of Force -- The Legality of the Threat of Force in the Gulf Conflict -- Conclusions -- 6 Extraditing Pinochet -- Introduction -- The Issues -- The Decision in Ex parte Pinochet -- Extraditable crimes.
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Voitovich presents a clear and lucid discussion of the manner and form in which international economic organizations (IEOs) participate in two main stages of the international legal process: law making and law implementation. The book is based on normative instruments and fragments of practice of about fifty IEOs. In order to ensure a proper and timely realization of their normative acts, IEOs exercise a number of law implementing functions which are subject to a thorough comparative examination. The author concludes that existing IEOs, not being ideal institutional models, possess a sufficient arsenal of law implementing instruments to make a considerable impact on the international legal regulations in the economic field. The book will be of interest to academics and economic political scientists
Preface --Opening Address --Welcoming Address --Congratulatory Address --Introductory Remarks --Is There a Growing International Arbitration Culture? --Is There an Expanding Culture that Favours Combining Arbitration, Conciliation or Other Dispute Resolution Procedures? --To What Extent Do Arbitrators in International Cases Disregard the Bag and Baggage of National Systems? --When and Where Do National Courts Reflect an International Culture, When Deciding Issues Relating to International Arbitration ? --List of Oral Interventions.
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Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Series Preface -- Introduction -- The Context in the New Millennium -- Recent Crimes and Renewed Challenges I -- Recent Crimes and Renewed Challenges II -- The Enforcement of International Norms -- References -- PART I: THE CONTEXT IN THE NEW MILLENNIUM -- 1 Rethinking the Agenda of International Law -- INTERNATIONAL LAW IN THE CRUCIBLE OF POST-COLD WAR HISTORY -- The Sandinista Innovation -- The Gulf War -- BCCI -- Antarctica -- The Rushdie Fatwa -- Conclusions -- WHICH NEW WORLD ORDER? -- A PROVISIONAL ASSESSMENT -- REFERENCES -- NOTES -- 2 Globalization, Criminogenic Asymmetries and Economic Crime -- A. Introduction -- B. A Definition of Transnational Crime -- C. Criminogenic Asymmetries and Economic Crime -- D. Globalization and Asymmetries -- E. Globalization, Dysnomie and 'Crimes Without Lawbreaking' -- F. Conclusion and Policy Implications -- G. References -- 3 Women and Globalization: The Failure and Postmodern Possibilities of lnternational Law -- ABSTRACT -- I. INTRODUCTION -- II. WOMEN AND GLOBALIZATION -- A. Globalization -- 1. The Free Flow of Capital and Free Trade -- 2. Culture -- a. The Lexus and the Olive Tree -- b. The Intercontinental Hotel -- B. Women in the Global Economy -- 1. Data -- a. An Overview: Statistics -- b. A Closer Look: The Feminization of Labor -- i. Wage Differentials -- ii. Women's Work -- iii. Lack of Data -- 2. Snapshots -- a. A Teenager in the Maquiladoras -- b. A Woman and Her Children in the Moscow Subway -- c. A Woman Leaving Her Children in Central Park -- d. A Young Girl in Thailand -- III. THE FAILURE OF CLASSIC INTERNATIONAL LAW -- A. International Human Rights Law -- 1. The System -- 2. Economic Rights -- a. On the State Level -- b. Non-State Actors -- i. International Organizations (lOs)
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Introduction -- Jurisdiction to tax -- Sourcing income and deductions -- Taxation of non-residents : investment income -- Taxation of non-residents : business income -- Transfer pricing -- Taxation of residents : investment income -- Taxation of residents : business income -- The United States and the tax treaty network -- Tax competition, tax arbitrage, and the future of the international tax regime.
1 Introduction -- 2 The classical (Ricardo-Torrens) theory of comparative costs -- 3 The neoclassical theory of international trade -- 4 The Heckscher-Ohlin model -- 5 Tariffs, protection, economic integration -- 6 International trade and economic growth -- 7 Some refinements of the orthodox theory -- 8 The "new" theories of international trade -- 9 Neo-Ricardian theories of international trade -- 10 The foreign exchange market -- 11 Balance of payments and national accounts -- 12 The role of the exchange rate in the adjustment process in a partial equilibrium framework -- 13 The role of income changes in the adjustment process -- 14 The absorption approach and interactions between exchange rate and income in the adjustment process -- 15 Money and other assets in the adjustment process under fixed exchange rates -- 16 Money and other assets in the adjustment process under flexible exchange rates -- 17 International capital movements and other problems -- 18 Fixed versus flexible exchange rates -- 19 International liquidity and international financial markets -- 20 The problem of integration between the pure theory of international trade and international monetary economics -- Name Index of Book I and Book II -- Subject Index of Book I and Book II.
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This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants
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