International sanctions as international punishment
In: International organization, Band 43, Heft 2, S. 301-322
ISSN: 0020-8183
In: International organization, Band 43, Heft 2, S. 301-322
ISSN: 0020-8183
World Affairs Online
In: International Migration for Employment, Working Paper, MIG WP 1
In: Routledge research in international law
"This book assesses how international law and its institutions may be relevant and influence the course of international relations, in other words the relationship between power and law. This is done in relation to five regimes; international trade, environmental protection, human rights, criminal justice and use of force. The majority of international law literature focuses on the content of international rules (i.e. regimes) but has a tendency to ignore why these regimes exist and to what extent the rules actually affect state behaviour. The assumption is that states follow international law when the reality sometimes tells us differently. Turning to international relations literature, some scholars as represented in their publications focus on theories based on the distribution of power among states and ignore the existence and relevance of international law. In contrast, Power and Law in International Society examines theories of international relations, international law and formal institutions as well as an account of empirical research on the relevance of international law for the behaviour of states. This book has three main themes. First, the book will explain the foundations of international society from an inter-disciplinary perspective relaying on legal studies as well as international relations. Second, the book will examine variations in the degree of legalization in terms of obligation, precision, delegation and state acceptance. Finally, the book will give an account of the empirical research on the relevance of international law for the behaviour of states. This book will be of great interest to scholars of international law and international relations."--
In: International organization, Band 24, Heft 3, S. 389-413
ISSN: 1531-5088
Specialists in the field of international organization have noted with some alarm a decline of interest among students and foundations in the study of the United Nations system. There has been a shift toward the study of regionalism and the theory of integration. The former shift reflects one reality of postwar world politics—the division of a huge and heterogeneous international system into subsystems in which patterns of cooperation and ways of controlling conflicts are either more intense or less elusive than in the global system. The interest in integration reflects both the persistence and the transformation of the kind of idealism that originally pervaded, guided, and at times distorted the study of international organization. We have come to understand that integration, in the sense of a process that devalues sovereignty, gradually brings about the demise of the nation-state, and leads to the emergence of new foci of loyalty and authority, is only one, and by no means the most important, of the many functions performed by global international organizations. This has led only in part to a more sober and searching assessment of these functions. It has resulted primarily in a displacement of interest toward those geographically more restricted institutions (like the European Communities) whose main task seems to be to promote integration.
In: International organization, Band 43, Heft 2, S. 301-322
ISSN: 1531-5088
Much of the contemporary literature on the utility of international sanctions approaches the apparent riddle of why sanctions are embraced so eagerly when they are supposedly such an "ineffective" tool of statecraft by focusing on the instrumental and rational purposes of sanctions. As a result, one purpose that does not always lend itself to a rational means-end calculus—the purpose of punishment—tends to be overlooked or, more commonly, dismissed outright. This article explores punishment as both a useful and an effective purpose of international sanctions. It argues not only that sanctions should be distinguished from other forms of hurtful statecraft but also that they are a form of "international punishment" for wrongdoing, despite the difficulties of applying the term "punishment" in the context of international relations. The article then examines the purposes of punishment and reveals that only some are understandable when a model of means-end rationality is used, suggesting that the element of the nonrational also plays an important role in international sanctions. The argument is then applied to the case of U.S. sanctions imposed after the Soviet Union's invasion of Afghanistan to demonstrate the different purposes of punishment at work in this case. The article concludes that just as we cannot understand punishment as a purposive human activity solely by reference to a rational model of a means to a clearly delineated end, so too we cannot entirely understand sanctions as a form of international punishment by an attachment to a rational model of policy behavior. However, some forms of punishment are exceedingly effective, and this may explain why sanctions continue to be a popular instrument of statecraft.
In: American journal of international law: AJIL, Band 15, Heft 3, S. 361-374
ISSN: 2161-7953
In a reeent work entitled The Psychology of Nations we are told that "International Law must be made intelligible to very young minds, and now that we are to have an international seat of congresses and courts, the interest must be made in its existence to give reality to the idea of internationalism." This admonition by a psychologist is illustrative of a widespread attitude toward international law; that it is a matter readily understood, for which there need be no specialized training, everyone being competent to pass judgment upon any subject about which international law is supposed to be concerned.
In: From International Society to International Community: The Constitutional Evolution of International Law, Gdansk University Press, 2015
SSRN
In: Routledge research in international law
"This book assesses how international law and its institutions may be relevant and influence the course of international relations, in other words the relationship between power and law. This is done in relation to five regimes; international trade, environmental protection, human rights, criminal justice and use of force.The majority of international law literature focuses on the content of international rules (i.e. regimes) but has a tendency to ignore why these regimes exist and to what extent the rules actually affect state behaviour. The assumption is that states follow international law when the reality sometimes tells us differently. Turning to international relations literature, some scholars as represented in their publications focus on theories based on the distribution of power among states and ignore the existence and relevance of international law. In contrast, Power and Law in International Society examines theories of international relations, international law and formal institutions as well as an account of empirical research on the relevance of international law for the behaviour of states.This book has three main themes. First, the book will explain the foundations of international society from an inter-disciplinary perspective relaying on legal studies as well as international relations. Second, the book will examine variations in the degree of legalization in terms of obligation, precision, delegation and state acceptance. Finally, the book will give an account of the empirical research on the relevance of international law for the behaviour of states. This book will be of great interest to scholars of international law and international relations. "--
World Affairs Online
In: International social science journal: ISSJ, Band 44, Heft Aug 92
ISSN: 0020-8701
The transnational approach relativizes the role traditionally assigned to the state, without heralding its demise, disposes of the spatial factor without denying territorial realities and introduces a global perspective without underestimating analytical method. Discusses one of the categories of transnational forces: what are usually known as 'international nongovernmental organizations' (INGOs) or 'trans-national associations'. (RSM)
In: Oxford Monographs in International Law
Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.
World Affairs Online
In: Oxford Research Encyclopedia of International Studies
"The International System–International Society Distinction" published on by Oxford University Press.
In: The Chinese journal of international politics, Band 14, Heft 1, S. 1-22
ISSN: 1750-8924
World Affairs Online
In: Collected courses of the Xiamen Academy of International Law, Volume 7
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators? from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.
In: in R. Deplano and N. Tsagourias (eds), Research Methods in International Law: A Handbook, Edward Elgar, Forthcoming
SSRN
Working paper
In: Josephine Onoh memorial lecture 1989