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 : 49. 86 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 : 43. 57 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 : 80. 83 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 : 76. 39 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 : 44. 11 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.

State Contracts

Author : United Nations
ISBN : 9216110066
Genre :
File Size : 57. 12 MB
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Conceptual Gaps In China Eu Relations

Author : Zhongqi Pan
ISBN : 9781137027443
Genre : Political Science
File Size : 47. 62 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.

Making Sense Making Worlds

Author : Nicholas Onuf
ISBN : 9781136219467
Genre : Political Science
File Size : 23. 85 MB
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Nicholas Onuf is a leading scholar in international relations and introduced constructivism to international relations, coining the term constructivism in his book World of Our Making (1989). He was featured as one of twelve scholars featured in Iver B. Neumann and Ole Wæver, eds., The Future of International Relations: Masters in the Making? (1996); and featured in Martin Griffiths, Steven C. Roach and M. Scott Solomon, Fifty Key Thinkers in International Relations, 2nd ed. (2009). This powerful collection of essays clarifies Onuf’s approach to international relations and makes a decisive contribution to the debates in IR concerning theory. It embeds the theoretical project in the wider horizon of how we understand ourselves and the world. Onuf updates earlier themes and his general constructivist approach, and develops some newer lines of research, such as the work on metaphors and the re-grounding in much more Aristotle than before. A complement to the author’s groundbreaking book of 1989, World of Our Making, this tightly argued book draws extensively from philosophy and social theory to advance constructivism in International Relations. Making Sense, Making Worlds will be vital reading for students and scholars of international relations, international relations theory, social theory and law.

The Domestic Sources Of China S Foreign Policy

Author : Lai Hongyi
ISBN : 9781135167875
Genre : Political Science
File Size : 63. 19 MB
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As China’s political and economic influence in the world is rapidly increasing, it is essential to understand how China’s domestic politics affects its foreign political and economic policy. This book offers an accessible, informative and up-to-date systemic analysis of the foreign policy of China. Where mainstream literature on international relations usually suggests that China’s foreign policy is primarily determined by external factors, such as the international system and external settings, this book demonstrates instead that domestic factors profoundly shape China’s foreign policy from the late Mao’s era to the reform era. It demonstrates how China’s foreign policy is driven by the preservation of political and economic regimes; the political survival of the top leader; the top leader’s vision for, and skills in, managing external affairs; the leader’s policy priorities; dramatic events and the process of policymaking. It presents its argument in-depth analysis of major cases of Chinese foreign policy – for example, China’s difficult relations with Southeast Asia; China’s 15-year accession to the World Trade Organization (WTO); China’s oil diplomacy in the recent decade, and the diversified process of foreign policy making in the twenty-first century.

The American Bibliography Of Slavic And East European Studies

Author :
ISBN : PSU:000023572775
Genre : Asia, Central
File Size : 64. 32 MB
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Provides information on East-Central Europe and the former Soviet Union.

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