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Author: M. Glennon Publisher: Springer ISBN: 1403982538 Category : Political Science Languages : en Pages : 254
Book Description
NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Author: M. Glennon Publisher: Springer ISBN: 1403982538 Category : Political Science Languages : en Pages : 254
Book Description
NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Author: Sam Adelman Publisher: Routledge ISBN: 1351403788 Category : Law Languages : en Pages : 245
Book Description
The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness. The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies. The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.
Author: Eric A. Posner Publisher: University of Chicago Press ISBN: 0226675920 Category : Political Science Languages : en Pages : 286
Book Description
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
Author: Adam Bower Publisher: Oxford University Press ISBN: 0192507176 Category : Political Science Languages : en Pages : 354
Book Description
Can multilateral treaties succeed in transforming conduct when they are rejected by the most powerful states in the international system? In the past two decades, coalitions of middle-power states and transnational civil society groups have negotiated binding legal agreements in the face of concerted opposition from China, Russia, andmost especiallythe United States. These instances of a so-called 'new diplomacy' reflect a deliberate attempt to use the language of international law to bypass great power objections in establishing new global standards. Yet critics have frequently derided such treaties as utopian and counter productive because they fail to include those states allegedly most capable of effectively managing complex international cooperation. Thus far no study has offered a systematic, comparative study of the promise, and limits, of multilateralism without the great powers. Norms Without the Great Powers addresses this gap through the presentation of a novel theoretical account and detailed empirical evidence regarding the implementation of two archetypal cases, the antipersonnel Mine Ban Treaty and International Criminal Court. Both treaties have substantially reshaped expectations and behaviour in their respective domains, but with important variation in the extent and breadth of their impact. These findings provide the impetus for assessing the prospects for similar strategies on other topics of contemporary global concern. This book offers a timely addition to the dynamic and growing literature on the practice and consequences of international governance and should appeal to academics, civil society experts, and foreign policy practitioners working in fields such as security, human rights, and the environment.
Author: Curtis A. Bradley Publisher: Oxford University Press, USA ISBN: 0190217774 Category : Law Languages : en Pages : 402
Book Description
International Law in the U.S. Legal System provides a wide-ranging overview of how all the major forms of international law operate within the United States and addresses many areas of controversy, including the role of international law in the war on terrorism, the proper scope of international human rights litigation, and the relevance of international law to capital punishment.
Author: Tommaso Natoli Publisher: Springer Nature ISBN: 3030209296 Category : Law Languages : en Pages : 270
Book Description
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
Author: M. Glennon
Author: M. Glennon
Author: Sam Adelman
Author: Eric A. Posner
Author: Anne Twomey
Author: Adam Bower
Author: Emer de Vattel
Author: Curtis A. Bradley
Author: Benjamin Schonthal
Author: Thomas McIntyre Cooley
Author: Tommaso Natoli