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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.
Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 019803766X
Category : Law
Languages : en
Pages : 271
Get Book Here
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.
Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 0195314174
Category : Law
Languages : en
Pages : 271
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Book Description
The Authors argue that,international law is less powerful and less significant than public officials, legal experts and the media. They contend that it is a product of states pursuing their interests on the international stage.
Author: James Crawford
Publisher: Cambridge University Press
ISBN: 1107493439
Category : Law
Languages : en
Pages : 485
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Book Description
This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.
Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191027286
Category : Law
Languages : en
Pages : 641
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Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.
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: Nicole Scicluna
Publisher:
ISBN: 0198791208
Category : Law
Languages : en
Pages : 400
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Book Description
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 without the 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 the environment 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
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1139460390
Category : Law
Languages : en
Pages : 401
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Book Description
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: Hersch Lauterpacht
Publisher: OUP Oxford
ISBN: 0191018465
Category : Law
Languages : en
Pages : 1759
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Book Description
The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.
Author: Wouter Werner
Publisher: Cambridge University Press
ISBN: 1108148395
Category : Law
Languages : en
Pages : 443
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Book Description
For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law and discussed in relation to an even broader range of theoretical perspectives, including history, political theory, sociology and international relations theory. These invaluable insights have been expertly brought together by the volume editors, who identify the key and common themes of many of the book's contributions. This volume demonstrates the importance of critical legal scholarship in the ways international law is enacted, shaped and reshaped over time.
Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0192558188
Category : Law
Languages : en
Pages : 417
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Book Description
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
