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Author: Alejandro Rodiles
Publisher: Cambridge University Press
ISBN: 1108625827
Category : Law
Languages : en
Pages : 317
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Book Description
Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.
Author: Alejandro Rodiles
Publisher: Cambridge University Press
ISBN: 1108625827
Category : Law
Languages : en
Pages : 317
Get Book Here
Book Description
Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.
Author: Alejandro Rodiles
Publisher: Cambridge University Press
ISBN: 1108493653
Category : Law
Languages : en
Pages : 317
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Book Description
An analysis of the role of the interplay between formality and informality in shaping the current state of international law.
Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1107107083
Category : Law
Languages : en
Pages : 473
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Book Description
Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
Author: John Linarelli
Publisher: Oxford University Press
ISBN: 0198753950
Category : Law
Languages : en
Pages : 337
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Book Description
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.
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Marco Odello
Publisher: Martinus Nijhoff Publishers
ISBN: 9004174370
Category : Law
Languages : en
Pages : 331
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Book Description
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.
Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1107107091
Category : Law
Languages : en
Pages : 1229
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Book Description
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1139494244
Category : Law
Languages : en
Pages : 247
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Book Description
The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.
Author: Patricia A. Weitsman
Publisher: Stanford University Press
ISBN: 0804788944
Category : Political Science
Languages : en
Pages : 304
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Book Description
Military alliances provide constraints and opportunities for states seeking to advance their interests around the globe. War, from the Western perspective, is not a solitary endeavor. Partnerships of all types serve as a foundation for the projection of power and the employment of force. These relationships among states provide the foundation upon which hegemony is built. Waging War argues that these institutions of interstate violence—not just the technology, capability, and level of professionalism and training of armed forces—serve as ready mechanisms to employ force. However, these institutions are not always well designed, and do not always augment fighting effectiveness as they could. They sometimes serve as drags on state capacity. At the same time, the net benefit of having this web of partnerships, agreements, and alliances is remarkable. It makes rapid response to crisis possible, and facilitates countering threats wherever they emerge. This book lays out which institutional arrangements lubricate states' abilities to advance their agendas and prevail in wartime, and which components of institutional arrangements undermine effectiveness and cohesion, and increase costs to states. Patricia Weitsman outlines what she calls a realist institutionalist agenda: one that understands institutions as conduits of capability. She demonstrates and tests the argument in five empirical chapters, examining the cases of the first Gulf War, Kosovo, Afghanistan, Iraq, and Libya. Each case has distinct lessons as well as important generalizations for contemporary multilateral warfighting.
Author: Christian Henderson
Publisher: Cambridge University Press
ISBN: 1108643418
Category : Law
Languages : en
Pages : 442
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Book Description
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.
