Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1107043301
Category : Law
Languages : en
Pages : 483
Book Description
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Sovereignty Conflicts and International Law and Politics
Author: Jorge E. Núñez
Publisher: Taylor & Francis
ISBN: 1351794795
Category : Law
Languages : en
Pages : 198
Book Description
Many ongoing conflicts throughout the world can be characterised as sovereignty conflicts in which two States claim exclusive sovereign rights for different reasons over the same piece of land. Drawing on the work of John Rawls this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realise shared sovereignty, and how it might be applied to territory, population, government and law.
Publisher: Taylor & Francis
ISBN: 1351794795
Category : Law
Languages : en
Pages : 198
Book Description
Many ongoing conflicts throughout the world can be characterised as sovereignty conflicts in which two States claim exclusive sovereign rights for different reasons over the same piece of land. Drawing on the work of John Rawls this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realise shared sovereignty, and how it might be applied to territory, population, government and law.
Strategically Created Treaty Conflicts and the Politics of International Law
Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1107043301
Category : Law
Languages : en
Pages : 483
Book Description
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Publisher: Cambridge University Press
ISBN: 1107043301
Category : Law
Languages : en
Pages : 483
Book Description
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Sovereignty, International Law, and the French Revolution
Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353
Book Description
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353
Book Description
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
International Law and Japanese Sovereignty
Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Category : Political Science
Languages : en
Pages : 239
Book Description
How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
Publisher: Springer
ISBN: 1137567775
Category : Political Science
Languages : en
Pages : 239
Book Description
How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Imperialism, Sovereignty and the Making of International Law
Author: Antony Anghie
Publisher: Cambridge University Press
ISBN: 9780521702720
Category : Law
Languages : en
Pages : 384
Book Description
Examines the relationship between imperialism and international law.
Publisher: Cambridge University Press
ISBN: 9780521702720
Category : Law
Languages : en
Pages : 384
Book Description
Examines the relationship between imperialism and international law.
Cosmopolitanism, State Sovereignty and International Law and Politics
Author: Jorge E. Núñez
Publisher: Taylor & Francis
ISBN: 1000932893
Category : Law
Languages : en
Pages : 161
Book Description
This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Publisher: Taylor & Francis
ISBN: 1000932893
Category : Law
Languages : en
Pages : 161
Book Description
This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Lawmaking under Pressure
Author: Giovanni Mantilla
Publisher: Cornell University Press
ISBN: 1501752596
Category : Law
Languages : en
Pages : 181
Book Description
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Publisher: Cornell University Press
ISBN: 1501752596
Category : Law
Languages : en
Pages : 181
Book Description
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations
Author: Daniëlla Dam-de Jong
Publisher: Cambridge University Press
ISBN: 110709383X
Category : Law
Languages : en
Pages : 515
Book Description
An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.
Publisher: Cambridge University Press
ISBN: 110709383X
Category : Law
Languages : en
Pages : 515
Book Description
An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.
The New Sovereignty
Author: Abram Chayes
Publisher: Harvard University Press
ISBN: 9780674617834
Category : Political Science
Languages : en
Pages : 440
Book Description
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
Publisher: Harvard University Press
ISBN: 9780674617834
Category : Political Science
Languages : en
Pages : 440
Book Description
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.