Is The International Legal Order Unraveling

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Is the International Legal Order Unraveling?

DAVID L. SLOSS
Is the International Legal Order Unraveling Book PDF

Author : DAVID L. SLOSS
Publisher : Oxford University Press
Page : 489 pages
File Size : 44,7 Mb
Release : 2022-11-11
Category : Electronic
ISBN : 9780197652800

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Is the International Legal Order Unraveling? by DAVID L. SLOSS Pdf

This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison. The book consists of fourteen chapters, plus an introduction. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law. The remaining chapters provide a range of perspectives on the past evolution and likely future development of the rules-based international order as a whole.

Is the International Legal Order Unraveling?

SLOSS.
Is the International Legal Order Unraveling Book PDF

Author : SLOSS.
Publisher : Unknown
Page : 0 pages
File Size : 55,7 Mb
Release : 2022
Category : International law
ISBN : 0197652832

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Is the International Legal Order Unraveling? by SLOSS. Pdf

"The Introduction is divided into three parts. Part I presents a brief history of the rules-based international order. It shows that-between 1945 and the first decade of the twenty-first century-the international system evolved from a primarily sovereignty-based order to a much more rules-based order. However, since about 2008 or 2010, we have witnessed significant backsliding towards a more sovereignty-based order, especially in the areas of international trade and international human rights law. Part II briefly surveys the major, current threats to the rules-based international order. Finally, Part III outlines a potential strategy to mitigate those threats in the interest of preserving a rules-based international order that is consistent with liberal, humanitarian values. The several chapters in the book generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling-at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers-especially the United States and China-cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison"--

Is the International Legal Order Unraveling?

David L. Sloss
Is the International Legal Order Unraveling Book PDF

Author : David L. Sloss
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2022
Category : Electronic books
ISBN : 0197652824

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Is the International Legal Order Unraveling? by David L. Sloss Pdf

The book examines how the rules-based international order is threatened by challenges such as climate change, autonomous weapons, and cyber weapons. It discusses how the international order can confront these threats, and proposes future developments of the rules-based international order as a whole.

Exit from Hegemony

Alexander Cooley,Daniel Nexon
Exit from Hegemony Book PDF

Author : Alexander Cooley,Daniel Nexon
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 49,7 Mb
Release : 2020
Category : Political Science
ISBN : 9780190916473

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Exit from Hegemony by Alexander Cooley,Daniel Nexon Pdf

""We live in a period of uncertainty about the fate of American global leadership and the future of international order. The 2016 election of Donald Trump led many to pronounce the death, or at least terminal decline, of liberal international order - the system of institutions, rules, and values associated with the American-dominated international system. But the truth is that the unravelling of American global order began over a decade earlier. Exit from Hegemony develops an integrated approach to understanding the rise and decline of hegemonic orders. It calls attention to three drivers of transformation in contemporary order. First, great powers, most notably Russia and China, contest existing norms and values, while simultaneously building new spheres of international order through regional institutions. Second, the loss of the "patronage monopoly" once enjoyed by the United States and its allies allows weaker states to seek alternative providers of economic and military goods - providers who do not condition their support on compliance with liberal economic and political principles. Third, transnational counter-order movements, usually in the form of illiberal and right-wing nationalists, undermine support for liberal order and the American international system, including within the United States itself. Exit from Hegemony demonstrates that these broad sources of transformation - from above, below, and within - have transformed past international orders and undermine prior hegemonic powers. It provides evidence that that all three are, in the present, mutually reinforcing one another and, therefore, that the texture of world politics may be facing major changes""--

Emerging Powers and the World Trading System

Gregory Shaffer
Emerging Powers and the World Trading System Book PDF

Author : Gregory Shaffer
Publisher : Cambridge University Press
Page : 345 pages
File Size : 41,6 Mb
Release : 2021-07-22
Category : Business & Economics
ISBN : 9781108495196

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Emerging Powers and the World Trading System by Gregory Shaffer Pdf

This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

The Many Paths of Change in International Law

Anonim
The Many Paths of Change in International Law Book PDF

Author : Anonim
Publisher : Oxford University Press
Page : 401 pages
File Size : 54,6 Mb
Release : 2023-11-16
Category : Law
ISBN : 9780198877912

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The Many Paths of Change in International Law by Anonim Pdf

How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Research Handbook on International Solidarity and the Law

Cecilia M. Bailliet
Research Handbook on International Solidarity and the Law Book PDF

Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
Page : 473 pages
File Size : 48,5 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781803923758

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Research Handbook on International Solidarity and the Law by Cecilia M. Bailliet Pdf

This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

Teaching International Law

Paul F. Diehl,Charlotte Ku
Teaching International Law Book PDF

Author : Paul F. Diehl,Charlotte Ku
Publisher : Edward Elgar Publishing
Page : 189 pages
File Size : 47,7 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781802204117

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Teaching International Law by Paul F. Diehl,Charlotte Ku Pdf

Outlining a wide range of instructional strategies for different student audiences, Teaching International Law presents guidelines and recommendations on best practices for teaching public international law at undergraduate and postgraduate levels, as well as part of law schools and legal training programs.

The World Crisis and International Law

Paul Stephan
The World Crisis and International Law Book PDF

Author : Paul Stephan
Publisher : Cambridge University Press
Page : 303 pages
File Size : 53,5 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781009320979

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The World Crisis and International Law by Paul Stephan Pdf

A hard look at the challenges to the authority and roles of international legal institutions since the 1990s.

Applying Municipal Law in International Disputes

Paul B. Stephan
Applying Municipal Law in International Disputes Book PDF

Author : Paul B. Stephan
Publisher : BRILL
Page : 320 pages
File Size : 41,9 Mb
Release : 2024-03-04
Category : Law
ISBN : 9789004696105

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Applying Municipal Law in International Disputes by Paul B. Stephan Pdf

The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.

European Union Law

Steve Peers,Catherine Barnard
European Union Law Book PDF

Author : Steve Peers,Catherine Barnard
Publisher : Oxford University Press
Page : 1065 pages
File Size : 42,8 Mb
Release : 2023-05-24
Category : Electronic
ISBN : 9780192863836

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European Union Law by Steve Peers,Catherine Barnard Pdf

Written by experts, this innovative textbook offers students a relevant, contextual account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of expert contributors for rich understanding of each area of the EU law curriculum and to introduce students to key debates in the subject

The Death of Treaty Supremacy

David Sloss
The Death of Treaty Supremacy Book PDF

Author : David Sloss
Publisher : Oxford University Press
Page : 473 pages
File Size : 48,9 Mb
Release : 2016
Category : Law
ISBN : 9780199364022

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The Death of Treaty Supremacy by David Sloss Pdf

This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

Leading Works in International Law

Donna Lyons
Leading Works in International Law Book PDF

Author : Donna Lyons
Publisher : Taylor & Francis
Page : 249 pages
File Size : 43,7 Mb
Release : 2023-11-24
Category : Law
ISBN : 9781000990676

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Leading Works in International Law by Donna Lyons Pdf

This volume provides an innovative and engaging way of assessing the development of international law scholarship and practice to date and its potential future development by focusing upon the ‘leading works’ of the discipline. International law has established itself as an important area of academic study and legal practice. Given its academic, legal and everyday significance and its prolific role within law school teaching and research, it is important to question and analyse the development of international law, exploring the complex and shifting interplay between law, policy, theory and culture and the role of international and national actors within a diverse and dynamic community of nations. This collection presents contributions from leading scholars of public international law across the globe and the works chosen by the editor represent a diverse range of subjects within the broader discipline. Each chapter analyses the importance and legacy of a specific work, with a view to reflecting upon how that publication has contributed to shaping the broader literature in the field of international law and how it may continue to have an influence on both scholarship and practice in the future. Taken as a whole, the chapters included in this collection provide an original exploration of a variety of important themes about how the discipline has evolved over time. The Prologue and Epilogue critically assess the development of international law in light of the reflections by contributors. The book will be a valuable resource for lawyers, international law practitioners, students, and academics alike.

Tracing Value Change in the International Legal Order

Krieger
Tracing Value Change in the International Legal Order Book PDF

Author : Krieger
Publisher : Oxford University Press
Page : 369 pages
File Size : 44,5 Mb
Release : 2023-05-31
Category : Law
ISBN : 9780192855831

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Tracing Value Change in the International Legal Order by Krieger Pdf

International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.

Contradictions of Capitalist Society and Culture

Raju J Das
Contradictions of Capitalist Society and Culture Book PDF

Author : Raju J Das
Publisher : BRILL
Page : 225 pages
File Size : 55,5 Mb
Release : 2023-05-15
Category : Social Science
ISBN : 9789004540002

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Contradictions of Capitalist Society and Culture by Raju J Das Pdf

Love and truth are important aspects of culture. Signifying the crisis of capitalist culture in the contemporary world are their opposites, i.e. hate and lying, respectively. There is rampant lying for ideological/political purposes. There is also an increasing absence of genuine love, i.e., love as caring and solidarity, which, under certain conditions, takes romantic forms. Ideological-political lying is connected to the corruption of love, with its confinement to the private sphere of individuals and consequent isolation from the wider unequal society. This connection is via capitalism. On the one hand, capitalism resorts to ideological-political lying to cover up its contradictions that cause alienation/suffering of the masses. Lying and alienation/suffering are not conducive to genuine love in society. On the other hand, a crisis-ridden capitalism produces the right-wing politics of lying (‘post-truth’ politics). This is also a politics of hatred (or, ‘post-love, or, anti-love’) against minorities, democrats and socialists, a politics that is justified by lies about these subjects. The fight against hate-politics and post-truth politics must be part of the fight for a post-capitalist world (socialist democracy), imagined as a truthful and caring world.