international law in a multipolar world routledge research in international law

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International Law In A Multipolar World

Author : Matthew Happold
ISBN : 9781136631580
Genre : Law
File Size : 54. 18 MB
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"Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. And yet, despite the best efforts of international institutions, scholars and others to assert the universal application of international law, its relevance and applicability has been influenced, if not directed, by political power. Over the past decade, discourse has tended to focus on the implications for international law of a unipolar world, characterised by US hegemony. However, that the international system may now be experiencing a tendency towards multipolarity, with various sites of power able to exert a telling influence on international relations and international law. Recent events such as Russia's excursion into Georgia, the breakdown of the Doha round of trade negotiations, the USA's questionable actions in the War on Terror, the prominence of emerging nuclear powers, China's assertions of its own interests on a global scale, and the rise of regional trading blocs, all pose significant questions for international law and the international legal order. International Law in a Multipolar World features contributions from a range of contributors including Nigel White, Michael Schmitt, Richard Burchill, Alexander Orakhelashvili and Christian Pippan, addressing some of the questions that multipolarity poses for the international legal system. The contributions to the volume explore issues including the use of force, governance, sovereign equality, regionalism and the relevance of the United Nations in a multipolar world, considering the overarching theme of the relationship between power and law"--

International Law And Boundary Disputes In Africa

Author : Gbenga Oduntan
ISBN : 9781135039547
Genre : Law
File Size : 67. 71 MB
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Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

The International Criminal Court And Global Social Control

Author : Nerida Chazal
ISBN : 9781317589655
Genre : Law
File Size : 85. 15 MB
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The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

The Changing Nature Of Customary International Law

Author : Noora Arajärvi
ISBN : 9781134067343
Genre : Law
File Size : 25. 33 MB
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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

The International Criminal Court In Search Of Its Purpose And Identity

Author : Triestino Mariniello
ISBN : 9781317703082
Genre : Law
File Size : 26. 57 MB
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

Conceptual Gaps In China Eu Relations

Author : Zhongqi Pan
ISBN : 9781137027443
Genre : Political Science
File Size : 59. 78 MB
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The contributors attempt to look into how China and Europe differently interpret political concepts such as: sovereignty, soft power, human rights, democracy, stability, strategic partnership, multilateralism/multipolarization, and global governance, to examine what implications of their conceptual gaps may have on China-EU relations.

Globalisation Multilateralism Europe

Author : Mario Telò
ISBN : 9781317127154
Genre : Political Science
File Size : 84. 35 MB
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This student-friendly textbook offers a comprehensive introduction to globalization studies and the European Union within a multipolar world. It provides its readers with critical analysis of the key concepts of multilateral global and regional governance and Europe’s role in the world; and this in an accessible and intelligible fashion. This volume collects contributions by eminent scholars from world class universities from five different continents. As such, this unique exercise in transnational multi-disciplinary cooperation, provides extensive coverage of the main issues pertaining to multilateral cooperation - notably its history, troubles, legitimacy challenges and efficiency questions - from a variety of national perspectives. The book covers the major issues confronting students of European and global studies, amongst which: pressing security challenges, new forms of institutionalized cooperation, shifting international trade flows, the notion of responsibility to protect, social imbalances and environmental emergencies, the need for less contingent forms of legitimacy for global regulation, as well as global public opinion and transnational civil society networks. Each chapter includes a summary of its salient points; methodological indications; illuminating illustrations; and a suggested list for further reading. This textbook strives to help students develop a better and more secure grasp of the innovative balance between interdisciplinary openness and disciplinary rigor when engaging with global governance studies, comparative regionalism, normative studies, international political economy or international law.

Encyclopedia Of Government And Politics

Author : M. E. Hawkesworth
ISBN : 0415072255
Genre : Political science
File Size : 64. 14 MB
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Der Kreis Um Hans Kelsen

Author : Alfred Schramm
ISBN : 3214076760
Genre : Jurisprudence
File Size : 49. 38 MB
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Politische Und Konomische Essays

Author : David Hume
ISBN : 9783787326273
Genre : Philosophy
File Size : 90. 84 MB
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Diese Essays können als literarische Neu- und Umformulierung der philosophischen Absichten des Traktats gelten und lassen sich auch als Reaktionen Humes auf aktuelle Probleme lesen. In ihnen dokumentiert sich ein Politikverständnis, das aus der Tradition einer umfassenden philosophia practica lebt und eingebettet ist in eine weite, gesellschaftstheoretische Perspektive. Die Ausgabe bietet die erste umfassende Neuausgabe der Essays in deutscher Sprache seit 1800.

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