reciprocity in international law its impact and function routledge research in international law

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Reciprocity In International Law

Author : Shahrad Nasrolahi Fard
ISBN : 9781317312185
Genre : Law
File Size : 47. 73 MB
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In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

Latin America And The International Court Of Justice

Author : Paula Wojcikiewicz Almeida
ISBN : 9781317511366
Genre : Law
File Size : 56. 65 MB
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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Routledge Handbook Of The Law Of Armed Conflict

Author : Rain Liivoja
ISBN : 0415640377
Genre : Law
File Size : 57. 51 MB
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The law of armed conflict is a key element of the global legal order yet it is recognised that this branch of law is often honoured more in the breach than in the observance. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest driven by the changes in the nature of warfare. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and former members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbooks is as follows: Part 1: Basics Part 2: Principles of distinction Part 3: Means and method of warfare Part 4: Specially protected persons and objects Part 5: Contemporary issues Part 6: Enforcement Throughout the book attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

Non State Actor Dynamics In International Law

Author : Cedric Ryngaert
ISBN : 9781317086925
Genre : Law
File Size : 32. 65 MB
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Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

The International Criminal Court And Global Social Control

Author : Nerida Chazal
ISBN : 9781317589662
Genre : Law
File Size : 77. 2 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.

Educational Reciprocity And Adaptivity

Author : Abe W. Ata
ISBN : 9781351781923
Genre : Education
File Size : 84. 72 MB
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Educational Reciprocity and Adaptability challenges the common belief that adapting to new educational settings is the responsibility of international students alone. The book argues that reciprocal responses are required by students and stakeholders alike for an efficient and equitable accommodation of international students in educational settings. Considering how international students negotiate academic challenges and social tensions, it presents both theoretical frameworks and practical tools to work around the tension regarding ethical academic practices. Crucially exploring these issues across a range of geographical and institutional contexts, and therefore offering critical insights into significant developments in international education across the world, the much-needed research in this edited collection explores: institutional educational policies regarding international students and stakeholders; institutional practices and how they are received; educational adaptability and responses from different stakeholders; the experiences of international students and institutions in negotiating academic and social tensions. This important contribution to research on the experiences of international students in different geographical and educational contexts is of great interest to academics, researchers and postgraduate students in the fields of international education, comparative education, sociology of education, youth studies, intercultural studies, migration studies and TESOL.

Improving International Investment Agreements

Author : Armand De Mestral
ISBN : 9781136260704
Genre : Law
File Size : 24. 43 MB
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This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Power And Law In International Society

Author : Mark Klamberg
ISBN : 9781317617112
Genre : Law
File Size : 89. 29 MB
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When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

Regional Developmentalism Through Law

Author : Jonathan Bashi Rudahindwa
ISBN : 1138060194
Genre : Africa
File Size : 27. 15 MB
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Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and the harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent's approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Akehurst S Modern Introduction To International Law

Author : Peter Malanczuk
ISBN : 9781134833887
Genre : Law
File Size : 39. 65 MB
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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

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