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International Law And Hegemonic States
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Book Synopsis The International Legal Order by : Ingrid Detter Delupis
Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Book Synopsis United States Hegemony and the Foundations of International Law by : Michael Byers
Download or read book United States Hegemony and the Foundations of International Law written by Michael Byers and published by Cambridge University Press. This book was released on 2003-05-29 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and Hegemonic States by : Bryan R. Diederich
Download or read book International Law and Hegemonic States written by Bryan R. Diederich and published by . This book was released on 1997 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Law in Times of Hegemony by : Nico Krisch
Download or read book International Law in Times of Hegemony written by Nico Krisch and published by . This book was released on 2013 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hegemony and international law are often regarded as irreconcilable: international law is widely assumed to depend on a balance of power and to be eschewed by hegemons in favour of political tools. This corresponds to an often idealized contrast between international law and international politics, one reflecting reason and justice, the other brute power. Realists and critical legal scholars have long sought to counter this idealization, but often by merely reducing international law to power. This article seeks to go beyond these positions by analysing the multiple ways in which dominant states interact with international law. Drawing on international relations theory, it develops a model of this interaction and illustrates it with historical examples, taken mainly from Spanish, British and American phases of dominance. The typical pattern observed is one of instrumentalization and withdrawal, coupled with attempts at reshaping international law in a more hierarchical way and at replacing it with domestic legal tools that better accommodate formal hierarchies. The resulting picture should provide a starting point for critique and help us better understand why international law is simultaneously instrumental and resistant to the pursuit of power. International law is important for powerful states as a source of legitimacy, but in order to provide legitimacy, it needs to distance itself from power and has to resist its mere translation into law. International law then occupies an always precarious, but eventually secure position between the demands of the powerful and the ideals of justice held in international society.
Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas
Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis International Internet Law by : Joanna Kulesza
Download or read book International Internet Law written by Joanna Kulesza and published by Routledge. This book was released on 2012-03-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.
Book Synopsis The Epochs of International Law by : Wilhelm G. Grewe
Download or read book The Epochs of International Law written by Wilhelm G. Grewe and published by Walter de Gruyter. This book was released on 2013-02-06 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.
Book Synopsis Bangladesh and International Law by : Mohammad Shahabuddin
Download or read book Bangladesh and International Law written by Mohammad Shahabuddin and published by Routledge. This book was released on 2021-02-22 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.
Book Synopsis How to Do Things with International Law by : Ian Hurd
Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Iraq War and International Law by : Philip Shiner
Download or read book The Iraq War and International Law written by Philip Shiner and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.
Book Synopsis The Use of Force under International Law by : Fernando G. Nuñez-Mietz
Download or read book The Use of Force under International Law written by Fernando G. Nuñez-Mietz and published by Routledge. This book was released on 2018-09-21 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international system is becoming increasingly legalized, with legal arguments and legal advisors playing an increasingly important part in the state policymaking process. Presenting a practice-oriented theory of compliance with international law, this book shows how international law affects the behavior of increasingly lawyerized states in an ever more legalized world. By highlighting the legalization of international legitimation and the lawyerization of policymaking as the new engines of compliance, the book’s analytical framework rethinks the relationship between state behavior and international law, and provides an empirical focus on security through the study of NATO’s military intervention in Yugoslavia in 1999 and the changes in the US detention and interrogation programs in the "War on Terror." Relying on primary sources, the author demonstrates the effect of lawyerized decision making on international law compliance, reconstructing the strategies of (de-)legitimation used to show that international law is the hegemonic frame of reference in interstate debates. This book will be of interest to scholars of international relations, government studies, foreign service studies and lawyers employed in government work.
Book Synopsis America's Global Advantage by : Carla Norrlof
Download or read book America's Global Advantage written by Carla Norrlof and published by Cambridge University Press. This book was released on 2010-04-29 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over sixty years the United States has been the largest economy and most powerful country in the world. However, there is growing speculation that this era of hegemony is under threat as it faces huge trade deficits, a weaker currency, and stretched military resources. America's Global Advantage argues that, despite these difficulties, the US will maintain its privileged position. In this original and important contribution to a central subject in International Relations, Carla Norrlof challenges the prevailing wisdom that other states benefit more from US hegemony than the United States itself. By analysing America's structural advantages in trade, money, and security, and the ways in which these advantages reinforce one another, Norrlof shows how and why America benefits from being the dominant power in the world. Contrary to predictions of American decline, she argues that American hegemony will endure for the foreseeable future.
Book Synopsis Exit from Hegemony by : Alexander Cooley
Download or read book Exit from Hegemony written by Alexander Cooley and published by Oxford University Press, USA. This book was released on 2020 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""We live in a period of uncertainty about the fate of American global leadership and the future of international order. The 2016 election of Donald Trump led many to pronounce the death, or at least terminal decline, of liberal international order - the system of institutions, rules, and values associated with the American-dominated international system. But the truth is that the unravelling of American global order began over a decade earlier. Exit from Hegemony develops an integrated approach to understanding the rise and decline of hegemonic orders. It calls attention to three drivers of transformation in contemporary order. First, great powers, most notably Russia and China, contest existing norms and values, while simultaneously building new spheres of international order through regional institutions. Second, the loss of the "patronage monopoly" once enjoyed by the United States and its allies allows weaker states to seek alternative providers of economic and military goods - providers who do not condition their support on compliance with liberal economic and political principles. Third, transnational counter-order movements, usually in the form of illiberal and right-wing nationalists, undermine support for liberal order and the American international system, including within the United States itself. Exit from Hegemony demonstrates that these broad sources of transformation - from above, below, and within - have transformed past international orders and undermine prior hegemonic powers. It provides evidence that that all three are, in the present, mutually reinforcing one another and, therefore, that the texture of world politics may be facing major changes""--
Book Synopsis International Law in the US Legal System by : Curtis A. Bradley
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Book Synopsis Confucianism and Reflexive Modernity by : Sang-Jin Han
Download or read book Confucianism and Reflexive Modernity written by Sang-Jin Han and published by BRILL. This book was released on 2019-12-16 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confucianism and Reflexive Modernity criticizes the paradigm of Asian Value Debate and defends a balance between individual empowerment and flourishing community for human rights in the context of global risk society from an enlightened post-Confucianism perspective.
Book Synopsis International Law, Power, Security and Justice by : Serge Sur
Download or read book International Law, Power, Security and Justice written by Serge Sur and published by Bloomsbury Publishing. This book was released on 2010-10-05 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.
