Download or read book Coalitions of the Willing and International Law written by Alejandro Rodiles and published by Cambridge University Press. This book was released on 2018-08-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the role of the interplay between formality and informality in shaping the current state of international law.
Download or read book Coalitions of the Willing and the Evolution of Informal International Law written by Eyal Benvenisti and published by . This book was released on 2013 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2000 all federal German ministries were ordered to avoid international obligations as much as they could. The directive stipulated that negotiators should explore alternatives to formal undertakings based on international law. Bureaucrats in other administrations report similar expectations if not explicit directives. This new attitude toward international obligations reflects both the availability of novel ways for governments to interact across political borders, as well as new concerns about international legal tools, especially the formal international institutions. This preference for informal lawmaking suggests that international cooperation can be achieved without recourse to international legal tools and that the informality offers significant benefits to some governments. The aims of this paper are to explore some of the new modalities for international cooperation that avoid the formal tools of international law, and then to reflect on the motivations for their use as well as on the consequences of their proliferation.
Download or read book Distribution of Responsibilities in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2015-09-18 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
Download or read book The Misery of International Law written by John Linarelli and published by Oxford University Press. This book was released on 2018 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Download or read book International Military Missions and International Law written by Marco Odello and published by Martinus Nijhoff Publishers. This book was released on 2011-10-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Download or read book The Use of Force and International Law written by Christian Henderson and published by Cambridge University Press. This book was released on 2018-05-10 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.
Download or read book Prophylactic Use of Force in International Law written by Ikechi Mgbeoji and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author examines the legitimacy o Canada's participation in acts of non-defensive aggression in light of Canada 's international obligations and international law. He contends that in the domestic terrain, constitutional conventions, practices, and applicable laws as factors that shape Canada's decisions to participate in international conflicts, must also be critically reconsidered.
Download or read book The Rise of Responsibility in World Politics written by Hannes Hansen-Magnusson and published by Cambridge University Press. This book was released on 2020-12-17 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studying moral responsibility in world politics sheds light on changing accountability relations, justice and legitimacy in global governance.
Download or read book The Law of Global Governance written by Eyal Benvenisti and published by BRILL. This book was released on 2014-06-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
Download or read book The Cameron Clegg Coalition and Britain s Role in the World written by Timothy J. Oliver and published by Springer Nature. This book was released on 2021-09-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth study of the foreign and defence policies of the Coalition, a government that saw the Conservatives restored to power for the first time since the Iraq War and the Liberal Democrats enter government for the first time. It explores the idea of Britain as a ‘Great Power’ since 1945 to show how the Coalition’s policies fitted into wider historical understandings of Britain’s role in the world. Drawing on a range of evidence from the time of the Coalition, it shows that this period was one of continued change in British foreign policy. The Coalition conducted the first strategic defence review since 1998, significantly reduced the funding allocations for defence and foreign affairs, raised overseas aid spending to record levels, engaged in overseas military action in two sovereign states (and were denied a chance to participate in another), as well as a wide array of other policies. This book argues that evaluating these events and the historical background of the Coalition is critical to understanding the current crises gripping British politics.
Download or read book A Game Theoretic Perspective on Coalition Formation written by Debraj Ray and published by Oxford University Press. This book was released on 2007-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon and extending his inaugural Lipsey Lectures, Debraj Ray looks at coalition formation from the perspective of game theory. Ray brings together developments in both cooperative and noncooperative game theory to study the analytics of coalition formation and binding agreements.
Download or read book Participants in the International Legal System written by Jean d'Aspremont and published by Taylor & Francis. This book was released on 2011-04-20 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
Download or read book Epistemic Forces in International Law written by Jean d'Aspremont and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Download or read book No Citizens Here Global Subjects and Participation in International Law written by René Urueña and published by Martinus Nijhoff Publishers. This book was released on 2012-03-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal scholarship has traditionally celebrated the possibility of individuals being considered as subjects of international law. This book challenges that narrative, and reveals hidden patterns in the way we think about legal subjects in global governance. Building on the notion of a risk society, this book argues that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times. An innovative contribution that draws on a wealth of international legal materials (including human rights, EU law, international economic law, and international organizations), this book is useful to those with an interest in international legal theory, new approaches to international law, global constitutionalism, and global administrative law.
