Search results

This text challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law

In this fully updated and revised edition, the authors 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' (realist, liberal and constructivist) through which to view the role of international law in world politics and suggest that the concept of an international society provides the overall context within which international legal developments occur. These theoretical perspectives 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, international crimes, human rights, international trade and the environment. The new edition also contains more material on non-western perspectives, international institutions and non-state actors and a new bibliography. 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.

This innovative new textbook seeks to provide undergraduate students of international relations with valuable and relevant historical context, bridging the gap and offering a genuinely interdisciplinary approach. Each chapter integrates both historical analysis and literature and applies this to an international relations context in an accessible fashion, allowing students to understand the historical context in which these core issues have developed. The book is organised thematically around the key issues in international relations such as war, peace, sovereignty, diplomacy, identity, political violence, empire and international organisations. Each chapter provides an overview of the main historical context, theories and literature in each area and applies this to the study of international relations. Providing a fresh approach, this work will be essential reading for all students of international relations and international relations theory.

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.

"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."--

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.

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations

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.

International relations theory is witnessing a veritable explosion of works within the areas of modernism and postmodernism, yet there has been no attempt to compare these theories and their sources according to a common criterion or logical form. This author argues that while these pioneering, imaginative and exciting theoretical works are disparate, they also share a common thread that seeks to express emancipatory goals for international relations. This book provides an in-depth critical study of this genre of theorizing that he names 'Emancipatory International Relations'. Spegele.

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