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In: Worlding beyond the West 10
1. Limits of theorising about IR and security -- 2. Critical theorizing about IR and security -- 3. How to access others' conceptions of the international? -- 4. Inquiring into security in the international -- 5. Inquiring into the international in security -- 6. Civilisation, dialogue, in/security.
In: Pocketbooks of The Hague Academy of International Law
In: Pocket Books of the Hague Academy of International Law Online, ISBN: 9789004258662
Preliminary Material -- International commercial arbitration as a private international law enterprise -- Arbitral jurisdiction and the arbitration agreement -- Choice of law governing the arbitration agreement -- The lex arbitri and the arbitral seat -- Parallel litigation and arbitration -- Choice of substantive law -- Limits to party autonomy in choice of law -- The award -- Annulment of awards -- Recognition and enforcement of arbitral awards -- Index -- About the Author -- Printing Information.
In: Politik und Wirtschaft - bilingual
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.
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
In: Role theory and international relations, 5
"This collection examines changes in China's international role over the past century. Tracing the links between domestic and external expectations in the PRC's role conception and preferred engagement patterns in world politics, the work provides a systematic account of changes in China's role and the mechanisms of role taking. Individual chapters address the impact of China's history and identity on its bilateral role taking patterns with the United States, Japan, Africa, the Europe Union, and Socialist States as well as China's role in international institutions, the G-20, and East Asia's Financial Order. Each of the empirical chapters is written to a common template exploring the role of historical self-identification, altercasting and domestic role contestation in shaping the PRC's role. The volume provides an analytically coherent framework evaluating whether cooperation or conflict in China's international engagement is likely to increase, and if so, the extent to which this will follow from incompatible domestic demands and external expectations. By combining a theoretical framework with strong comparative case studies, this volume contributes to the ongoing debate on China's rise and integration into the international society and provides sound conclusions about the prospects for a transition of China's purpose in world politics."--
This study is an exploration of the logic of hegemony in one of the most significant policy areas of international relations: international security. I argue that despite huge international opposition during the Court's early years of existence as well as the fact that 3 out of 5 permanent United Nations Security Council (UNSC) members are not Parties to the Rome Statute of the International Criminal Court, UNSC decision-making between 2002 and 2010 was framed by the hegemonic Justice discourse. The result of intense lobbying by international criminal law experts, NGO human rights activists, policymakers, journalists, and state representatives acting within the United Nations Security Council, the International Criminal Court Assembly of States Parties and the media, Justice was the new ideology of international security. In order to empirically analyze this process of hegemonization, I developed a hermeneutic conceptual framework based on Ernesto Laclau and Chantal Mouffe's Poststructuralist Discourse Theory (PDT) and an inductive qualitative research strategy that can be applied to concrete international policy discourses. I defined hegemony as a process of hegemonization that takes place under specific historical circumstances in a particular international policy area. In order to reveal its workings I relied on a comprehensive list of PDT concepts operationalized as meso-level Discursive Mechanisms. Through the linking of various political demands, the creation of a collective identity, the gripping of the floating signifiers "Peace", "Security", "Sovereingty", "Protection", "Accountability", and "Rule of Law", and institution of a new political imaginary, Justice became one of the most successful discourses in early 21st century international relations. The new security ideology withstood challenges from three major counterdiscourses: the homegrown American version of "Politicization", the African Union's institutional discourse, and the ongoing normative attack from the loose network of actors defending ...
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In: Collected Courses of the Xiamen Academy of International Law v.7
Contents -- Chapter I Legal Positivism and its Discontents -- 1 The Mainstream: Legal Positivism -- 1.1 Positivist Treaties -- 1.2 Positivist Custom -- 1.3 Positivist General Principles -- 2 The Institutional Challenge to Positivism -- 2.1 The Reality of Institutionalization -- 2.2 The International Judiciary -- 2.3 The Return of Domestic Analogies -- 2.4 From Static Rules to Process -- 2.5 From Process to Inter-disciplinarity -- 3 Caveats -- Chapter II The UN Charter Over Time: The Contemporary Security Council -- 1 What is the UN Charter for? -- 2 The UN Charter as Positivist Instrument
Part 1. Introduction to international trade -- part 2. Patterns of international trade -- part 3. New explanations for international trade -- part 4. International trade policies
In: The library of essays in international law
Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabber's landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. The second edition has been updated throughout, with particular attention to recent judicial decisions, and features new sections on sovereign debt relief, the prompt release of vessels, and the Antarctic.