International Law And Power

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The Power and Purpose of International Law

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
Page : 408 pages
File Size : 47,6 Mb
Release : 2011-05-10
Category : Political Science
ISBN : 0199831025

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The Power and Purpose of International Law by Mary Ellen O'Connell Pdf

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Power and Law in International Society

Author : Mark Klamberg
Publisher : Routledge
Page : 182 pages
File Size : 48,7 Mb
Release : 2015-04-24
Category : Law
ISBN : 9781317617129

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Power and Law in International Society by Mark Klamberg Pdf

When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

Power and Pluralism in International Law

Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 50,8 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781000554205

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Power and Pluralism in International Law by Edward S. Cohen Pdf

Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

The International Legal Order

Author : Ingrid Detter Delupis
Publisher : Dartmouth Publishing Company
Page : 622 pages
File Size : 43,9 Mb
Release : 1994
Category : International law
ISBN : STANFORD:36105060946204

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The International Legal Order by Ingrid Detter Delupis Pdf

This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

International Law and Power

Author : Kaiyan Homi Kaikobad,Michael Bohlander
Publisher : Martinus Nijhoff Publishers
Page : 625 pages
File Size : 42,5 Mb
Release : 2009
Category : Political Science
ISBN : 9789004175877

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International Law and Power by Kaiyan Homi Kaikobad,Michael Bohlander Pdf

Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.

The Power of Language in the Making of International Law

Author : Stéphane Beaulac
Publisher : Martinus Nijhoff Publishers
Page : 215 pages
File Size : 52,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789004136984

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The Power of Language in the Making of International Law by Stéphane Beaulac Pdf

It is in the intellectual context of the new possibility of philosophy, and the great new challenge facing philosophy, that I place Stephane Beaulac's important book. His work takes advantage, in particular, of several of the hard-earned lessons of twentieth-century philosophy and social experience. "From the Foreword,"

International Law, US Power

Author : Shirley V. Scott
Publisher : Cambridge University Press
Page : 293 pages
File Size : 52,7 Mb
Release : 2012-03-22
Category : Law
ISBN : 9781107016729

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International Law, US Power by Shirley V. Scott Pdf

Shirley Scott explains how the USA has benefited from continuity in its strategic engagement with international law.

International Law in the Middle East

Author : Jean Allain
Publisher : Routledge
Page : 656 pages
File Size : 55,9 Mb
Release : 2017-10-24
Category : Law
ISBN : 9781351926775

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International Law in the Middle East by Jean Allain Pdf

Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.

A Foucauldian Approach to International Law

Author : Leonard M. Hammer
Publisher : Routledge
Page : 134 pages
File Size : 47,7 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317188193

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A Foucauldian Approach to International Law by Leonard M. Hammer Pdf

Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.

Separating Powers: International Law before National Courts

Author : David Haljan
Publisher : Springer Science & Business Media
Page : 335 pages
File Size : 53,7 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048583

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Separating Powers: International Law before National Courts by David Haljan Pdf

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Custom, Power and the Power of Rules

Author : Michael Byers
Publisher : Cambridge University Press
Page : 276 pages
File Size : 42,6 Mb
Release : 1999-03-11
Category : Law
ISBN : 0521634083

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Custom, Power and the Power of Rules by Michael Byers Pdf

This book explains the most foundational aspect of international law in international relations terms.

The Power of Deliberation

Author : Ian Johnstone
Publisher : Oxford University Press, USA
Page : 237 pages
File Size : 50,5 Mb
Release : 2011
Category : Law
ISBN : 9780195394931

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The Power of Deliberation by Ian Johnstone Pdf

Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. This book challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system.

How to Do Things with International Law

Author : Ian Hurd
Publisher : Princeton University Press
Page : 200 pages
File Size : 54,6 Mb
Release : 2019-08-27
Category : Law
ISBN : 9780691196503

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How to Do Things with International Law by Ian Hurd Pdf

A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

International Law, Power, Security and Justice

Author : Serge Sur
Publisher : Bloomsbury Publishing
Page : 517 pages
File Size : 41,9 Mb
Release : 2010-10-05
Category : Law
ISBN : 9781847316080

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International Law, Power, Security and Justice by Serge Sur Pdf

These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.

The Right to Self-determination Under International Law

Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 50,5 Mb
Release : 2013
Category : Law
ISBN : 9780415668187

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The Right to Self-determination Under International Law by Milena Sterio Pdf

Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.