Sovereignty And The Limits Of International Law

Author : Jack L. Goldsmith Professor of Law Harvard Law School,Eric A. Posner Kirkland & Ellis Professor of Law University of Chicago
Publisher : Oxford University Press, USA
Page : 272 pages
File Size : 43,9 Mb
Release : 2005-02-03
Category : Political Science
ISBN : 9780198037668

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The Limits of International Law by Jack L. Goldsmith Professor of Law Harvard Law School,Eric A. Posner Kirkland & Ellis Professor of Law University of Chicago Pdf

International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Author : Todd Berry
Publisher : Taylor & Francis
Page : 276 pages
File Size : 45,6 Mb
Release : 2023-11-29
Category : Law
ISBN : 9781000986563

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Sovereignty and the Limits of International Law by Todd Berry Pdf

The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical – are these areas beyond nation States’ jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigate this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators.

Author : Anthony Carty
Publisher : Unknown
Page : 160 pages
File Size : 45,8 Mb
Release : 1986
Category : Law
ISBN : UOM:39015012101013

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The Decay of International Law? by Anthony Carty Pdf

Author : Daniel Lee
Publisher : Oxford University Press
Page : 321 pages
File Size : 48,9 Mb
Release : 2021
Category : Law
ISBN : 9780198755531

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The Right of Sovereignty by Daniel Lee Pdf

Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

Author : John Westlake
Publisher : Unknown
Page : 302 pages
File Size : 45,9 Mb
Release : 1894
Category : International law
ISBN : MINN:31951002012510M

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Chapters on the Principles of International Law by John Westlake Pdf

Author : Tracy H. Slagter,John D. Van Doorn
Publisher : Cambridge University Press
Page : 723 pages
File Size : 51,9 Mb
Release : 2022-12-15
Category : Political Science
ISBN : 9781108871389

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Fundamental Perspectives on International Law by Tracy H. Slagter,John D. Van Doorn Pdf

How does international law impact the behavior of states? This book designed for students in multiple disciplines offers a comprehensive, accessible introduction to the 'law of nations,' detailing the evolution of state practice in response to an ever-changing, diverse world. In this new edition of William Slomanson's foundational text, the new authors, Professors Slagter and Van Doorn, trace how states manage their sovereignty in myriad ways, working through treaties, international organizations, and international courts to secure their own as well as global interests. With special emphasis on five key areas-human rights, the use of force, human security and humanitarian intervention, environmental protection, and economic relations-the authors illustrate both the power and limits of international law to provide structure and predictability on a globalized planet. Real-world problem sets, annotated bibliographies, and a practical guide to studying international law make this a text that students and instructors alike will appreciate.

Author : Anne Orford
Publisher : Cambridge University Press
Page : 401 pages
File Size : 41,9 Mb
Release : 2006-11-02
Category : Law
ISBN : 9781139460392

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International Law and its Others by Anne Orford Pdf

Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

Author : Douglas Howland
Publisher : Springer
Page : 232 pages
File Size : 51,6 Mb
Release : 2016-11-15
Category : Political Science
ISBN : 9781137567772

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International Law and Japanese Sovereignty by Douglas Howland Pdf

How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Author : Carmen E. Pavel
Publisher : Oxford University Press
Page : 217 pages
File Size : 46,6 Mb
Release : 2021-03-30
Category : Business & Economics
ISBN : 9780197543917

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Law Beyond the State by Carmen E. Pavel Pdf

Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

Author : Antony Anghie
Publisher : Cambridge University Press
Page : 384 pages
File Size : 47,7 Mb
Release : 2007-04-26
Category : Law
ISBN : 0521702720

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Imperialism, Sovereignty and the Making of International Law by Antony Anghie Pdf

Examines the relationship between imperialism and international law.

Author : John Bassett Moore
Publisher : Unknown
Page : 1036 pages
File Size : 50,5 Mb
Release : 1906
Category : International law
ISBN : HARVARD:HL0VPT

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International law; definition of States; recognition of States; sovereignty; territorial limits of national jurisdiction by John Bassett Moore Pdf

Author : Richard Rawlings,Peter Leyland,Alison Young
Publisher : Oxford University Press
Page : 369 pages
File Size : 54,6 Mb
Release : 2013-11
Category : Law
ISBN : 9780199684069

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Sovereignty and the Law by Richard Rawlings,Peter Leyland,Alison Young Pdf

Grounded firmly in the disciplines of law, this collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. The collection as a whole illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.

Author : Jorge E. Núñez
Publisher : Routledge
Page : 328 pages
File Size : 44,8 Mb
Release : 2017-05-12
Category : Law
ISBN : 9781351794787

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Sovereignty Conflicts and International Law and Politics by Jorge E. Núñez Pdf

Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

Author : Carmen E. Pavel
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 50,8 Mb
Release : 2015
Category : Law
ISBN : 9780199376346

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Divided Sovereignty by Carmen E. Pavel Pdf

Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.

Author : Abram Chayes,Antonia Handler Chayes
Publisher : Harvard University Press
Page : 440 pages
File Size : 44,7 Mb
Release : 1998-10-01
Category : Political Science
ISBN : 0674617835

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The New Sovereignty by Abram Chayes,Antonia Handler Chayes Pdf

In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.