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The New Terrain of International Law

Author : Karen J. Alter
Publisher : Princeton University Press
Page : 477 pages
File Size : 40,11 MB
Release : 2014-01-24
Category : Political Science
ISBN : 1400848687

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A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The Art of Law in the International Community

Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 47,55 MB
Release : 2019-05-16
Category : Law
ISBN : 1108426662

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Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.

How to Do Things with International Law

Author : Ian Hurd
Publisher : Princeton University Press
Page : 200 pages
File Size : 10,47 MB
Release : 2019-08-27
Category : Law
ISBN : 0691196508

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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.

Rage for Order

Author : Lauren Benton
Publisher : Harvard University Press
Page : 296 pages
File Size : 36,27 MB
Release : 2016-10-03
Category : Law
ISBN : 0674972805

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International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century. “Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome...Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism.” —Alex Middleton, Reviews in History “Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain.” —Jens Bartelson, Australian Historical Studies

Capitalism As Civilisation

Author : Ntina Tzouvala
Publisher : Cambridge University Press
Page : 277 pages
File Size : 32,32 MB
Release : 2020-10-29
Category : Law
ISBN : 1108497187

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Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

A World of Struggle

Author : David Kennedy
Publisher : Princeton University Press
Page : 345 pages
File Size : 45,21 MB
Release : 2018-05-01
Category : Law
ISBN : 1400889391

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How today's unjust global order is shaped by uncertain expert knowledge—and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.

The European Court's Political Power

Author : Karen Alter
Publisher : OUP Oxford
Page : 364 pages
File Size : 41,21 MB
Release : 2010-06-17
Category : Language Arts & Disciplines
ISBN : 0191615692

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Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.

Human Rights and the Judicialisation of African Politics

Author : Peter Brett
Publisher : Routledge
Page : 380 pages
File Size : 17,42 MB
Release : 2018-09-18
Category : Political Science
ISBN : 1351972626

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Human Rights and the Judicialisation of African Politics shows readers how central questions in African politics have entered courtrooms over the last three decades, and provides the first transnational explanation for this development. The book begins with three conditions that have made judicialisation possible in Africa as a whole; new corporate rights norms (including the expansion of indigenous rights), the proliferation of new avenues for legal proceedings, and the development of new support structures enabling litigation. It then studies the effects of these changes based on fieldwork in three Southern African countries – Zimbabwe, Namibia and Botswana. Examining three recent court cases involving international law, international courts and transnational NGOs, it looks beyond some of international relations’ established models to explain when and why and legal rights can be clarified. This text will be of key interest to scholars and students of African politics and human rights, and more broadly to international relations and international law and justice.

Handbook of International Law

Author : Anthony Aust
Publisher : Cambridge University Press
Page : 568 pages
File Size : 11,15 MB
Release : 2005-10-27
Category : Law
ISBN : 9781139447461

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A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. The essence of new specialist areas of international law, relating to the environment, human rights and terrorism are discussed. Aust's clear and accessible style makes the subject understandable to non-international lawyers, non-lawyers and students. Abundant references are provided to sources and other materials, including authoritative and useful websites.

The Principles and Practice of International Aviation Law

Author : Brian F. Havel
Publisher : Cambridge University Press
Page : 463 pages
File Size : 15,92 MB
Release : 2014-03-31
Category : Law
ISBN : 1139867504

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The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.