Foundations of International Law and Politics

Author: Oona Anne Hathaway
ISBN: 1587787253
Release Date: 2005
Genre: Law

This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.

Humanity at Sea

Author: Itamar Mann
Publisher: Cambridge University Press
ISBN: 9781316785294
Release Date: 2016-08-25
Genre: Political Science

This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

Economic Foundations of International Law

Author: Eric A. Posner
Publisher: Harvard University Press
ISBN: 9780674067639
Release Date: 2013-01-01
Genre: Law

Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.

Justice Legitimacy and Self Determination

Author: Allen Buchanan
Publisher: OUP Oxford
ISBN: 9780191522468
Release Date: 2003-08-21
Genre: Political Science

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

United States Hegemony and the Foundations of International Law

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 1139436635
Release Date: 2003-05-29
Genre: Law

Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

International Law and Politics

Author: Shirley V. Scott
Publisher: Lynne Rienner Pub
ISBN: 1588264424
Release Date: 2006
Genre: Law

Unique in its breadth of coverage, this carefully designed collection presents the key documents of international law at the global level.The collection encompasses the full spectrum of central issues, with the documents grouped in eight subject areas: foundations, the use of force, arms control, international crime, human rights, humanitarian law, the environment, and the global commons. A short introduction to each document provides context and also points to supplementary documents. With only a few exceptions, each document is presented in its entirety.Other useful features include a glossary of terms; a chronological list of the treaties in the book, indicating the date the treaty was signed, the date it entered into force, the number of parties to the treaty, and other data; and a complete index.Shirley V. Scott is senior lecturer in international relations at the University of New South Wales. She is author of International Law in World Politics: An Introduction.Contents: Introduction. The Foundations of International Law. 1945, Charter of the United Nations. 1945, Statute of the International Court of Justice. 1961, Vienna Convention on Diplomatic Relations. 1969, Vienna Convention on the Law of Treaties. International Law and the Use of Force. 1842, The Caroline Case (excerpt). 1990, Authorizing the Gulf War: Security Council Resolution 678. 1991, The ?Cease-Fire Resolution?: Security Council Resolution 687. 1996, ICJ Advisory Opinion on the Legality of Nuclear Weapons (excerpt). 2001, Self-Defence and Afghanistan: Security Council Resolution 1368. 2002, US National Security Strategy (Excerpt). 2002, Resolution Preceding the 2003 Invasion of Iraq: Security Council Resolution 1441. 2002, UK Explanation of Its vote on Security Council Resolution 1441. Arms Control. 1968, Treaty on the Non-Proliferation of Nuclear Weapons. 1972, Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (Anti-Ballistic Missile Treaty). 1972, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (Biological Weapons Convention). 1993, Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention). 1996, Comprehensive Nuclear Test-Ban Treaty. 1997, Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and Their Destruction (Land Mines, or Ottawa, Convention). 2002, Treaty on Strategic Offensive Reductions. 2004, The Non-Transfer of WMD to Non-State Actors: Security Council Resolution 1540. International Criminal Law. 1948, Convention on the Prevention and Punishment of the Crime of Genocide. 1984, Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. 1997, International Convention for the Suppression of Terrorist Bombings. 1998, The Rome Statute of the International Criminal Court. 1999, International Convention for the Suppression of the Financing of Terrorism. 2001, Establishing the Counter-Terrorism Committee: Security Council Resolution 1373. International Human Rights Law. 1948, Universal Declaration of Human Rights. 1951, Convention Relating to the Status of Refugees. 1967, Protocol Relating to the Status of Refugees. 1965, International Convention on the Elimination of all Forms of Racial Discrimination. 1966, International Covenant on Civil and Political Rights. 1966, Optional Protocol to the International Covenant on Civil and Political Rights. 1990, Second Optional Protocol to the International Covenant on Civil and Political Rights. 1966, International Covenant on Economic, Social, and Cultural Rights. 1979, Convention on the Elimination of All Forms of Discrimination Against Women. 1989, Convention on the Rights of the Child. International Humanitarian Law. 1949, Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention). 1949, Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention). 1977, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts. 1977, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts. International Law and the Environment. 1989, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 1991, United Nations Framework Convention on Climate Change. 1997, Kyoto Protocol to the United Nations Framework Convention on Climate Change. 1992, Convention on Biological Diversity. 2002, Cartagena Protocol on Biosafety. 2001, Stockholm Convention on Persistent Organic Pollutants. The Global Commons. 1959, The Antarctic Treaty. 1967, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. 1982, Third United Nations Convention on the Law of the Sea. 1994, Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. Appendixes. Glossary. Chronology of Treaties, with Status. Index.

Radicalizing Rawls

Author: G. Chartier
Publisher: Springer
ISBN: 9781137382979
Release Date: 2014-02-05
Genre: Political Science

This book is a critical examination of John Rawls's account of the normative grounds of international law, arguing that Rawls unjustifiably treats groups - rather than particular persons - as foundational to his model of international justice.

Human Dignity and the Foundations of International Law

Author: Patrick Capps
Publisher: Bloomsbury Publishing
ISBN: 9781847318060
Release Date: 2009-06-11
Genre: Law

International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Parochialism Cosmopolitanism and the Foundations of International Law

Author: M. N. S. Sellers
Publisher: Cambridge University Press
ISBN: 9780521518024
Release Date: 2012
Genre: Law

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

International Law and the Use of Force

Author: Christine D. Gray
Publisher: Oxford University Press on Demand
ISBN: 9780199239146
Release Date: 2008
Genre: Law

This fully revised and updated second edition of International Law and the Use of Force explores the whole of the large and controversial subject of the use of force in international law- not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security.

Politics of International Law and International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 9780748684526
Release Date: 2013-08-20
Genre: Political Science

A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

The Foundations of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 9780191508585
Release Date: 2014-05-01
Genre: Law

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.