The Politics Of International Law And Compliance

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The Politics of International Law and Compliance

Author : Nikolas Rajkovic
Publisher : Routledge
Page : 230 pages
File Size : 49,6 Mb
Release : 2011-09
Category : History
ISBN : 9781136632778

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The Politics of International Law and Compliance by Nikolas Rajkovic Pdf

Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. Through this analysis, a historical tracing of varied factors of political influence and a conceptualization of compliance is provided, resulting in a rich interdisciplinary work embracing political science, international relations and social theory. By scrutinizing the social meanings and political practices which become attached to prescribed norms in compliance processes, this book provides a highly-relevant insight into contemporary meanings of ‘compliance’. Politics of International Law and Compliance will be of interest to students and scholars of politics, international relations and international law, and European politics.

Research Handbook on the Politics of International Law

Author : Wayne Sandholtz,Christopher A. Whytock
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 40,5 Mb
Release : 2017-02-24
Category : Law
ISBN : 9781783473984

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Research Handbook on the Politics of International Law by Wayne Sandholtz,Christopher A. Whytock Pdf

What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

Theories of Compliance with International Law

Author : Mark G. Burgstaller
Publisher : BRILL
Page : 242 pages
File Size : 48,8 Mb
Release : 2004-11-26
Category : Law
ISBN : 9789047406761

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Theories of Compliance with International Law by Mark G. Burgstaller Pdf

This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

Politics International Law

Author : Nicole Scicluna
Publisher : Oxford University Press, USA
Page : 400 pages
File Size : 45,8 Mb
Release : 2021-02
Category : Electronic
ISBN : 9780198791201

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Politics International Law by Nicole Scicluna Pdf

The Politics of International Law offers an introduction to the role of law in contemporary international affairs. Through a case study-driven analysis of topics such as human rights, the use of force, international environmental law, international trade law, international criminal justice and the right to self-determination, the book explains the interaction between law and politics in the world today, demonstrating that one cannot be understood withoutthe other.The book is divided into two parts. Part I introduces contemporary international law with a focus on constitutive legal principles such as sovereignty, territorial integrity and the legal equality of states. Through these introductory chapters, students are encouraged to take a holistic view of the processes and actors that drive international affairs, and explore the fascinating paradox that while international law is largely created through political processes, it also constitutes theenvironment in which international politics is practiced.Part II builds on the foundations laid in Part I to analyze contemporary controversies in international law and politics. Chapters focus on a number of substantive issue areas, including international environmental law, international economic law, human rights law, self-determination and secession, the law governing the use of force, and international criminal justice.This book is written to impart on readers a deepened understanding of both the possibilities and limits of international law as a tool for structuring relations in the world.Digital Formats and ResourcesAlso available as an e-book with functionality, navigation features, and links that offer extra learning support

Foundations of International Law and Politics

Author : Oona Anne Hathaway,Harold Hongju Koh
Publisher : Unknown
Page : 420 pages
File Size : 40,8 Mb
Release : 2005
Category : Law
ISBN : UOM:39015069131137

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Foundations of International Law and Politics by Oona Anne Hathaway,Harold Hongju Koh Pdf

This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.

Between Peril and Promise

Author : J. Martin Rochester
Publisher : CQ Press
Page : 385 pages
File Size : 51,6 Mb
Release : 2011-11-08
Category : Political Science
ISBN : 9781483301617

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Between Peril and Promise by J. Martin Rochester Pdf

In this concise introduction to international law, students gain a clear appreciation for how politics shapes the development of international law, and how international law shapes political relations between states. Throughout the book, Rochester takes this complex subject and makes it accessible with his vibrant, easy-to-read prose.

Interdisciplinary Perspectives on International Law and International Relations

Author : Jeffrey L. Dunoff,Mark A. Pollack
Publisher : Cambridge University Press
Page : 697 pages
File Size : 45,8 Mb
Release : 2013
Category : Law
ISBN : 9781107020740

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Interdisciplinary Perspectives on International Law and International Relations by Jeffrey L. Dunoff,Mark A. Pollack Pdf

Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.

Domestic Politics and International Human Rights Tribunals

Author : Courtney Hillebrecht
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 2014
Category : International and municipal law
ISBN : 1107459524

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Domestic Politics and International Human Rights Tribunals by Courtney Hillebrecht Pdf

Brings together theories of compliance from international law, human rights, and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings.

The Politics of International Law and Compliance

Author : Nikolas M. Rajkovic
Publisher : Routledge
Page : 239 pages
File Size : 50,7 Mb
Release : 2012-01-30
Category : Political Science
ISBN : 9781136632761

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The Politics of International Law and Compliance by Nikolas M. Rajkovic Pdf

Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. Through this analysis, a historical tracing of varied factors of political influence and a conceptualization of compliance is provided, resulting in a rich interdisciplinary work embracing political science, international relations and social theory. By scrutinizing the social meanings and political practices which become attached to prescribed norms in compliance processes, this book provides a highly-relevant insight into contemporary meanings of ‘compliance’. Politics of International Law and Compliance will be of interest to students and scholars of politics, international relations and international law, and European politics.

Domestic Politics and International Human Rights Tribunals

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 207 pages
File Size : 41,8 Mb
Release : 2014-02-10
Category : Law
ISBN : 9781107040229

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Domestic Politics and International Human Rights Tribunals by Courtney Hillebrecht Pdf

International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.

Enforcement mechanisms and their effects on international law

Author : Yasmeen Muyano
Publisher : GRIN Verlag
Page : 8 pages
File Size : 54,6 Mb
Release : 2019-06-26
Category : Law
ISBN : 9783668967007

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Enforcement mechanisms and their effects on international law by Yasmeen Muyano Pdf

Academic Paper from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 2.50, University of Santo Tomas (Faculty of Arts and Letters), course: Legal Management, language: English, abstract: In this essay I will explore the status of enforcement mechanisms used in international law and their effect on the overall effectivity of the law, using, principles, treaties, major researches and related jurisprudence. Effectiveness of law refers to whether the law has changed a state’s behavior from what it would have been in the absence of the law. In order for a law to be effective, parties must agree to comply to it. For this reason, the international committee provides enforcement mechanisms, which are methods used to induce compliance and increase cooperation from international bodies. These enforcement mechanisms fulfil a state's immediate interests. However, despite using these enforcement mechanisms, the international committee currently faces non-compliance and the possible unenforceability of the International Court of Justice as one of the major problems encountered in international law. Why is non-compliance still a major problem in international law if enforcement mechanisms are already in use?

How to Do Things with International Law

Author : Ian Hurd
Publisher : Princeton University Press
Page : 200 pages
File Size : 42,5 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.

How International Law Works

Author : Andrew T. Guzman
Publisher : Oxford University Press
Page : 273 pages
File Size : 49,7 Mb
Release : 2010
Category : Law
ISBN : 9780199739288

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How International Law Works by Andrew T. Guzman Pdf

Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.

The United States and International Law

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 43,7 Mb
Release : 2022-07-26
Category : Political Science
ISBN : 9780472220274

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The United States and International Law by Lucrecia García Iommi,Richard W Maass Pdf

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

International Law: Politics and Values

Author : Louis Henkin
Publisher : BRILL
Page : 389 pages
File Size : 41,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004633056

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International Law: Politics and Values by Louis Henkin Pdf

This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.