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International Law and the Cold War

International Law and the Cold War is the first book dedicated to examining the relationship between the Cold War and International Law. The authors adopt a variety of creative approaches - in relation to events and fields such as nuclear war, environmental protection, the Suez crisis and the Lumumba assassination - in order to demonstrate the many ways in which international law acted upon the Cold War and in turn show how contemporary international law is an inheritance of the Cold War. Their innovative research traces the connections between the Cold War and contemporary legal constructions of the nation-state, the environment, the third world, and the refugee; and between law, technology, science, history, literature, art, and politics.

International Law and the European Union

The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.

International Law and the Future of Freedom

International Law and The Future of Freedom is the late John Barton's exploration into ways to protect our freedoms in the new global international order. This book forges a unique approach to the problem of democracy deficit in the international legal system as a whole—looking at how international law concretely affects actual governance. The book draws from the author's unparalleled mastery of international trade, technology, and financial law, as well as from a wide array of other legal issues, from espionage law, to international criminal law, to human rights law. The book defines the new and changing needs to assert our freedoms and the appropriate international scopes of our freedoms in the context of the three central issues that our global system must resolve: the balance between security and freedom, the balance between economic equity and opportunity, and the balance between community and religious freedom. Barton explores the institutional ways in which those rights can be protected, using a globalized version of the traditional balance of powers division into the global executive, the global legislature, and the global judiciary.

International Law and the Israeli-Palestinian Conflict: A Rights-Based Approach to Middle East Peace

The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

International Law and the Politics of History

As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.

International Law and the Post-Soviet Space I: Essays on Chechnya and the Baltic States (Soviet and Post-Soviet Politics and Society #199)

The regions that once comprised the Soviet Union have been the scene of crises with serious implications for international law. Some of these, like the separatist conflict in Chechnya, date to the time of the dissolution of the USSR. Others, like Russia’s forcible annexation of Crimea and intervention in Ukraine’s Donbas, erupted years later. The seizure of Estonia, Latvia, and Lithuania, which took place long before, would trouble Soviet-western relations for the Cold War’s duration and gained new relevance when the Baltic States reemerged in the 1990s. The fate of Ukraine notwithstanding, the Budapest Memorandum of 1994 complicates future efforts at nuclear nonproliferation. Legal proceedings in connection with events in the post-Soviet space brought before the International Court of Justice and under investment treaties or the UN Convention on the Law of the Sea may be steps toward the resolution of recent crises—or tests of the resiliency of modern international law.

International Law and the Post-Soviet Space II: Essays on Ukraine, Intervention, and Non-Proliferation (Soviet and Post-Soviet Politics and Society #200)

This volume deals with legal issues concerning Russia’s annexation of Crimea and intervention in the Donbas, so-called ‘frozen conflicts’ and ‘hybrid warfare,’ the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected to nuclear nonproliferation. Continuing from the first volume, which contains Parts One and Two on Chechnya and the Baltic States, this book is comprised of Part Three—Ukraine and other Successor States: Territorial Integrity and its Challengers in the Post-Soviet Space; Part Four—Intervention and International Law; Part Five—Legal Proceedings and Unlawful Claims; and Part Six—Non-Proliferation after Budapest.

International Law and the Protection of Cultural Heritage (Routledge Studies in Cultural Heritage and International Law)

The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

International Law and the Protection of “Climate Refugees”

This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

International Law and the Public: How Ordinary People Shape the Global Legal Order

In International Law and the Public, Geoffrey P.R. Wallace investigates the public as a crucial, often overlooked, actor in international law. He asks just who is it that counts in the operation of the international legal order. Defying conventional wisdom that sees governments, leaders, generals, lawyers, or elites from the upper echelons of society as the main international legal players, Wallace advances a "popular international law" where ordinary people are considered important legal actors in their own right alongside the usual focus on elites. Far from powerless or unwitting, publics possess both the cognitive and material capacities to understand and contribute to the intricacies of international legal rules. Combining rigorous theorizing with wide-ranging evidence, International Law and the Public is an account of an international legal politics from below, taking seriously the place of ordinary people in international affairs.

International Law and the Reconceptualization of Territorial Boundaries: In Pursuit of Perpetual Peace

This book critically analyzes the state-based regime of international law, eliciting its colonial and decolonial origins and proposing a new sub-regional basis for dealing with contemporary global challenges.Since 1648, public international law has taken many steps to maintain peace and establish a just order. The State is deemed central to each of these efforts. Yet modern challenges, such as environmental mitigation, mass migration, and the need to stimulate economic growth, overwhelm the State. Could a regional approach to these questions, achieved in conjunction with strong sub-national local governance, establish a more effective framework for systemic change? Drawing on a history of colonization and decolonization, while scrutinizing decisions made about the imposition of the State on the basis of colonial boundaries, this multidisciplinary work analyses why current challenges are unlikely to be adequately addressed through existing governance structures. In response, it advocates for a sub-regional, transnational approach, drawing on analyses of pre-colonial shared histories and contemporary population ethnographies unfettered by hegemonic boundary drawing. The book argues that collaboration across such frontiers in the face of climate and other challenges may offer more feasible approaches to the pursuit of peace than the unquestioned maintenance of state-based structures of inherited privilege.This book will appeal to scholars and others with interests in international law, international relations, and international politics, as well as in the history and politics of colonialism.

International Law and the Relationality of States: A Critique of Theories of Recognition

This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel’s notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists’ idea of recognition as a sovereign gesture of consent and declarative theorists’ perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel’s theory of recognition, supplementing it with Bataille’s and Derrida’s critical readings of Hegel’s thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.

International Law and the Significance of Disciplinary Boundaries: Special Regimes as Communities of Practice

Over the last thirty or so years, international law and legal practice have become increasingly more specialized and diversified. These developments come with an increasingly divergent legal practice, in what has been coined as 'special regimes'. This book proposes a new understanding of the concept of a special regime to explain why specialists in different fields of international law do similar things differently. It argues that special regimes are best conceived as communities of practice, in the sense of Etienne Wenger's theory of communities of practice. It explores how the theory of communities of practice translates to the context of international law and the concept of a special regime. The authors draw up an innovative methodology to investigate their theory, focused on the conduct of community members, and apply this method to selected case studies, offering an original approach to the understanding of the special regimes in international law.

International Law and the Third World: Reshaping Justice (Routledge Research in International Law)

This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.

International Law and the Use of Armed Force: The UN Charter and the Major Powers (Contemporary Security Studies)

Since the UN Charter came into effect in 1945, there have been numerous incidents in which one or more of the five major powers (at least arguably) violated the Charter's Article 2(4) prohibition of force. Such incidents notwithstanding, this book demonstrates how the Charter restrains the major powers' military actions. As an instrument of international order, the Charter provides a framework of legal rules restricting the use of armed force. Although these rules are subject to auto-interpretation by the major powers (as a consequence of their veto), they create an expectation of compliance that subjects the major powers' military actions to international scrutiny. To reduce the likelihood of resistance from states threatened by such actions, major powers exercise prudential restraint, altering the manner and timing of their military actions in accordance with the legal arguments offered to justify those actions as consistent with the Charter and therefore not threatening to the existing international order. The book evaluates the efficacy of the Charter using large-N methods and five case studies: US intervention in the Caribbean, 1953–61; Anglo- French intervention in Egypt, 1956; Soviet intervention in Hungary, 1956; US–British intervention in Iraq, 1990–98; and US–British intervention in Iraq, 1999–2003. The book's extensive focus on the two Iraq cases provides a basis for timely evaluation of the continuing salience and possible reforms of the UN Charter system. This book will be of much interest to students of security studies, the UN, international law, and international relations.

International Law and the Use of Force: Cases and Materials

This book introduces key issues on the use of force while also providing a detailed analysis of technological developments and recent legal discussions in the field. The author examines areas such as support for rebel groups, the concept of humanitarian intervention, the Responsibility to Protect and recent conversations around the fight against the "Islamic State" in a clear and accessible manner, through a thorough presentation of relevant cases and materials. This book is essential reading for students studying force and its intersection with international law.

International Law as Behavior (ASIL Studies in International Legal Theory)

This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.

International Law as a Belief System (Cambridge Studies in International and Comparative Law #133)

International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners. Combines theoretical debates with doctrinal questions and offers insights that are valuable for both theorists and practitioners. Sheds new light on the self-referential foundations of the main doctrines of international law. Presents a first-time, fully articulated claim that international law works as a belief system.

International Law as a Profession

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

International Law as the Law of Collectives: Toward a Law of People (The Ashgate International Law Series)

This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.

International Law for Small-Scale Fisheries: Connecting the Ecosystem Approach and Human Rights to Secure Participatory Fisheries Management

This book provides an original and groundbreaking account of the applicability and key contributions of international law to small-scale fisheries, a fisheries subsector that has been historically overlooked by governments and international legal scholarship.Small-scale fisheries constitute most of the world’s capture fisheries workforce; they sustain the livelihoods of fishers and their communities while building and transmitting traditional knowledge and culture. Significant attention has been given to small-scale fisheries by the international community over the past decade, building the momentum for dedicated research on such a topic. Nevertheless, the literature examining small-scale fisheries from an international legal perspective remains scarce. This book fills this gap by systemically examining different international legal regimes to unravel the normative foundations for securing the meaningful participation of small-scale fisheries peoples in international fisheries management. It connects the ecosystem approach, a key principle of international fisheries law, and the human rights regime to elucidate the benefits that participatory international fisheries management brings to enhance both the ecological and social aspects of fisheries sustainability. It also examines the extent to which fisheries governance is democratic, and provides an enabling framework for the integration of fishers’ knowledge into international fisheries management. It is thereby oriented toward more justice and fair outcomes for small-scale fisheries.This book will be a valuable resource for academics and researchers with an interest in the governance of fisheries in international law, the law of the sea, environmental law, and human rights law, as well as to practitioners and policymakers working on the development and implementation of laws and policies governing fisheries and natural resources.

International Law in Disaster Scenarios: Applicable Rules and Principles

The book identifies the main international concepts and rules that are of special relevance in disaster settings and critically analyses how they are implemented in such contexts. It shows that, although the crucial and growing importance of disaster response has resulted in a complex framework of international obligations, it is nonetheless guided by certain general principles/values. In particular, through an in-depth analysis of sovereignty, international cooperation and solidarity, and their manifestations in disaster contexts, the book assesses the concrete scope and nature of the obligations of the state affected by the disaster, and those of the international community, respectively. Considerable attention is devoted to the applicable legal framework governing disaster response in mixed situations of disaster and armed conflict, and to the main problems and operational challenges entailed by the involvement of foreign military personnel and assets in disaster response. The book’s overall objective is to provide an authoritative overview of the development, core issues and challenges in international law with regard to disaster scenarios, and to serve as a valuable and comprehensive reference guide.

International Law in East Asia: Issues And Prospects (The\library Of Essays On Law In East Asia Ser.)

As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

International Law in Public Debate

International Law in Pursuit of Global Justice: Reflections from Contemporary India

This book discusses the core concepts of international law with a focus on India’s position concerning contemporary developments in the field.The project of international law—both in its origin and evolution—has been predominantly anchored in Global North realities. Over the years, however, narratives from ‘other’ parts of the world (the Global South) have emerged to confront the traditional construction of the international legal order. The Indian narrative(s) in this regard, given the state’s expanding influence within the Global South and beyond, therefore, warrants consideration. This book responds in three ways: captures India’s contributions to the development of international law in areas including human rights, humanitarian law, international trade and investment, global commons, health, and dispute settlement; evaluates the influence of international law on India and its positioning in the global world order; and presents a way forward by mapping India’s pursuit of global justice.The book will be of interest to scholars and students working in the fields of International Law, South Asian Studies, International Relations, Human Rights, and related research areas.