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Author: Maria Xiouri
Publisher: BRILL
ISBN: 900436322X
Category : Law
Languages : en
Pages : 446
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Book Description
In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.
Author: Maria Xiouri
Publisher: BRILL
ISBN: 900436322X
Category : Law
Languages : en
Pages : 446
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Book Description
In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.
Author: Sonia Cardenas
Publisher: University of Pennsylvania Press
ISBN: 0812201531
Category : Political Science
Languages : en
Pages : 202
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Book Description
International human rights pressure has been applied to numerous states with varying results. In Conflict and Compliance, Sonia Cardenas examines responses to such pressure and challenges conventional views of the reasons states do—or do not—comply with international law. Data from disparate bodies of research suggest that more pressure to comply with human rights standards is not necessarily more effective and that international policies are more efficient when they target the root causes of state oppression. Cardenas surveys a broad array of evidence to support these conclusions, including Latin American cases that incorporate recent important declassified materials, a statistical analysis of all the countries in the world, and a set of secondary cases from Eastern Europe, South Africa, China, and Cuba. The views of human rights skeptics and optimists are surveyed to illustrate how state rhetoric and behavior can be interpreted differently depending on one's perspective. Theoretically and methodologically sophisticated, Conflict and Compliance paints a new picture of the complex dynamics at work when states face competing pressures to comply with and violate international human rights norms.
Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
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Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Author: Lucrecia García Iommi
Publisher: University of Michigan Press
ISBN: 0472055410
Category : Law
Languages : en
Pages : 365
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Book Description
Why U.S. support for international law is so inconsistent
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author: Kendall Stiles
Publisher: Routledge
ISBN: 1317652940
Category : Political Science
Languages : en
Pages : 291
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Book Description
Do countries keep their promises to the international community? When they sign treaties or learn about new expectations, do they take them seriously and implement them? Since we already know intuitively that not all countries do, the next question – and the topic of this book – is: who complies? By considering a wide range of different rules – each precise enough to allow one to measure state compliance – and a variety of methods, we hope to answer this question once and for all. Including a systematic analysis of 8 different countries selected for the variety of regime type, international engagement and economic development they represent, the work caps a five-year research program and represents the culmination of twenty years’ worth of work in the disciplines of international relations and international law on legalization and compliance. Stiles highlights the importance of systematic study of compliance in order to move further towards solving truly global issues, such as terrorism, human trafficking, air pollution and collective goods provision. With international laws generally designed to improve the human condition and current levels of compliance inconsistent at best, it is vital to gain a better understanding of who complies and why. This detailed study will be of interest to students of Politics, International Law and International Relations.
Author: Prue Taylor
Publisher: Routledge
ISBN: 1134715854
Category : Science
Languages : en
Pages : 462
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Book Description
An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.
Author: Sonia Cardenas
Publisher: University of Pennsylvania Press
ISBN: 0812208935
Category : Political Science
Languages : en
Pages : 493
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Book Description
National human rights institutions—state agencies charged with protecting and promoting human rights domestically—have proliferated dramatically since the 1990s; today more than a hundred countries have NHRIs, with dozens more seeking to join the global trend. These institutions are found in states of all sizes—from the Maldives and Barbados to South Africa, Mexico, and India; they exist in conflict zones and comparatively stable democracies alike. In Chains of Justice, Sonia Cardenas offers a sweeping historical and global account of the emergence of NHRIs, linking their growing prominence to the contradictions and possibilities of the modern state. As human rights norms gained visibility at the end of the twentieth century, states began creating NHRIs based on the idea that if international human rights standards were ever to take root, they had to be firmly implanted within countries—impacting domestic laws and administrative practices and even systems of education. However, this very position within a complex state makes it particularly challenging to assess the design and influence of NHRIs: some observers are inclined to associate NHRIs with ideals of restraint and accountability, whereas others are suspicious of these institutions as "pretenders" in democratic disguise. In her theoretically and politically grounded examination, Cardenas tackles the role of NHRIs, asking how we can understand the global diffusion of these institutions, including why individual states decide to create an NHRI at a particular time while others resist the trend. She explores the influence of these institutions in states seeking mostly to appease international audiences as well as their value in places where respect for human rights is already strong. The most comprehensive account of the NHRI phenomenon to date, Chains of Justice analyzes many institutions never studied before and draws from new data released from the Universal Periodic Review Mechanism of the United Nations Human Rights Council. With its global scope and fresh insights into the origins and influence of NHRIs, Chains of Justice promises to become a standard reference that will appeal to scholars immersed in the workings of these understudied institutions as well as nonspecialists curious about the role of the state in human rights.
Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107276764
Category : Law
Languages : en
Pages : 241
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Book Description
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 019803766X
Category : Law
Languages : en
Pages : 271
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Book Description
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.
