Legalization Of International Law And Politics
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Author | : Judith Goldstein |
Publisher | : MIT Press |
Total Pages | : 340 |
Release | : 2001 |
Genre | : History |
ISBN | : 9780262571517 |
Exploring the intersection of international law and world politics from the viewpoints of the two disciplines.
Author | : Henry (Chip) Carey |
Publisher | : Springer Nature |
Total Pages | : 308 |
Release | : 2023-01-01 |
Genre | : Law |
ISBN | : 3031171691 |
This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Author | : Wayne Sandholtz |
Publisher | : Edward Elgar Publishing |
Total Pages | : 609 |
Release | : 2017-02-24 |
Genre | : Law |
ISBN | : 1783473983 |
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Author | : Tanja Aalberts |
Publisher | : Cambridge University Press |
Total Pages | : 273 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425976 |
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
Author | : Jan Klabbers |
Publisher | : OUP Oxford |
Total Pages | : 414 |
Release | : 2011-04-07 |
Genre | : Law |
ISBN | : 0191615919 |
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author | : Ian Hurd |
Publisher | : Princeton University Press |
Total Pages | : 200 |
Release | : 2019-08-27 |
Genre | : Law |
ISBN | : 0691196508 |
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Author | : Edwin Egede |
Publisher | : Edinburgh University Press |
Total Pages | : 397 |
Release | : 2013-08-20 |
Genre | : Political Science |
ISBN | : 0748634738 |
An introduction to international law for politics and IR studentsThis textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Written by a lawyer and a political theorist, it shows how international politics has influenced international law.Edwin Egede and Peter Sutch show that neglected questions of justice and ethics are essential to any understanding of the institutions of international society. They walk students through the most crucial questions and critical debates in international law today: sovereignty and global governance, sovereign and diplomatic immunity, human rights, the use of force, sanctions and the domestic impact of international law.
Author | : Jeffrey L. Dunoff |
Publisher | : Cambridge University Press |
Total Pages | : 697 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107020743 |
Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.
Author | : Jean L. Cohen |
Publisher | : Cambridge University Press |
Total Pages | : 455 |
Release | : 2012-08-02 |
Genre | : Political Science |
ISBN | : 1139560263 |
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author | : Jack L. Goldsmith |
Publisher | : Oxford University Press |
Total Pages | : 271 |
Release | : 2005-02-03 |
Genre | : Law |
ISBN | : 019803766X |
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.