international law in a multipolar world

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International Law In A Multipolar World

Author : Matthew Happold
ISBN : 9781136631580
Genre : Law
File Size : 87. 96 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"--

A Transcivilizational Perspective On International Law

Author : Onuma Yasuaki
ISBN : 9789004186897
Genre : Law
File Size : 26. 38 MB
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The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.

Contextualising International Law In Northeast Asia

Author : Asif H Qureshi
ISBN : 9781509915323
Genre : Law
File Size : 52. 88 MB
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Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

The International Criminal Court In Search Of Its Purpose And Identity

Author : Triestino Mariniello
ISBN : 9781317703082
Genre : Law
File Size : 52. 48 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.

Cosmopolitanism In A Multipolar World

Author : J. Plagemann
ISBN : 9781137488220
Genre : Political Science
File Size : 44. 90 MB
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Based on an analysis of the changing practice of sovereignty in Brazil, India and South Africa, this book argues that soft sovereignty provides an adequate, yet unrecognized, basis for a moderate, embedded and plural cosmopolitanism situated between globalism's demand for a world state and statism's defence of the status quo.

Culture Political Economy And Civilisation In A Multipolar World Order

Author : Ray Silvius
ISBN : 9781317353539
Genre : Political Science
File Size : 62. 20 MB
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This book seeks to understand how Russia’s multifaceted rejection of American unipolarity and de-territorialised neo-liberal capitalism has contributed to the gestation of the present multipolar moment in the global political economy. Analysing Western world order precepts via the actions of a powerful, albeit precarious, national political economy and state structure situated on the periphery of Western world order, Silvius explores the manner in which culture and ideas are mobilised for the purposes of national, regional and international political and economic projects in a post-global age. The book: Explains and analyses the tensions of post-Soviet Russia’s integration into, and simultaneous partial rejection of, the capitalist global political economy. Provides an overview of the social, political and historical origins of Russian samobytnost’ (uniqueness) after the fall of the Soviet Union and demonstrates their significance to contemporary understandings of world order. Explores how structures of cultural difference and practices of cultural differentiation interact with the normative legacies of American hegemonic aspirations in contemporary world order structures. Evaluates how cultural and civilisational representations are mobilised for state-projects and their corresponding regional and international dimensions within the global political economy. This book will be of great interest to students and scholars of Russian Foreign Policy, IPE and comparative political economy.

Normative Pluralism And International Law

Author : Jan Klabbers
ISBN : 9781107245167
Genre : Law
File Size : 39. 77 MB
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This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

Power And Justice In International Relations

Author : Dr Andreas Oberprantacher
ISBN : 9781409499381
Genre : Political Science
File Size : 61. 10 MB
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Outstanding and thought-provoking, this book provides up-to-date and in-depth analyses of current developments in international politics. It highlights the (unilateral) use of force in international relations and its implication for international law, the chances and risks of international criminal justice, and the question of epistemic violence with regard to dominant discourses in the theory of international relations, such as nation-building and intercultural dialogue. Furthermore, the book focuses on conditions for global social and ecological justice in international economics against the background of financial crisis. It contributes in particular to a better understanding of the relation between power and justice in view of current global tensions while reflecting the work of the internationally acclaimed philosopher Hans Köchler.

Weltordnung

Author : Henry A. Kissinger
ISBN : 9783641155483
Genre : Political Science
File Size : 73. 74 MB
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Henry Kissinger über die größte Herausforderung des 21. Jahrhunderts Hat das westlich geprägte Wertesystem im 21. Jahrhundert angesichts aufstrebender Mächte mit gänzlich anderem Menschenbild und Gesellschaftskonzept als Basis einer Frieden stiftenden Weltordnung ausgedient? Henry Kissinger, über Jahrzehnte zentrale Figur der US-Außenpolitik und Autorität für Fragen der internationalen Beziehungen, sieht unsere Epoche vor existenziellen Herausforderungen angesichts zunehmender Spannungen. In der heutigen global eng vernetzten Welt wäre eine Ordnung vonnöten, die von Menschen unterschiedlicher Kultur, Geschichte und Tradition akzeptiert wird und auf einem Regelwerk beruht, das in der Lage ist, regionale wie globale Kriege einzudämmen. Der Autor analysiert die Entstehung der unterschiedlichen Ordnungssysteme etwa in China, den islamischen Ländern oder im Westen und unternimmt den Versuch, das Trennende zwischen ihnen zusammenzuführen und den Grundstein für eine zukünftige friedliche Weltordnung zu legen.

Security In A Greater Europe

Author : Charlotte Wagnsson
ISBN : 9781847797346
Genre : Political Science
File Size : 87. 41 MB
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Can Russia, the European Union and the three major EU member states adopt a unified policy line in the global arena? Charlotte Wagnsson investigates the cohesiveness of 'greater Europe' through the detailed scrutiny of policy statements by the leadership elites in the UK, France, Germany, Russia and the EU in connection with three defining events in international security: the crisis in Kosovo of 1999; the terrorist attacks of 9/11 and the Iraq crisis of 2003. This extensive empirical enquiry results in a critical constructivist response to neorealist understandings of European security. The book is available in paperback for the first time. It contrasts the EU's new way of 'doing security' with the established, competitive bilateral interplay in the European security sphere and provides a clue to the kind of security politics that will prevail in Europe. A joint Moscow-Brussels approach would improve the chances of both increasing their relative strength vis-à-vis the USA, but serious cleavages threaten to undermine such a 'greater European' common view on security. Wagnsson considers the extent to which the major European players pursue similar objectives, and assesses the possible implications for and the chances of greater Europe emerging as a cohesive global actor. This meticulously researched book will interest scholars and students with an interest in international security, the EU's international role, European international relations and Russian security.

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