International Law In The 21st Century

Author: Christopher C. Joyner
Publisher: Rowman & Littlefield
ISBN: 9780742500099
Size: 20.12 MB
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In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.

Exporting Democracy

Author: Peter J. Schraeder
Publisher: Lynne Rienner Publishers
ISBN: 9781588260567
Size: 52.32 MB
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In recent years, debates within academic and policymaking circles have gradually shifted - from a Cold War focus on whether democracy constitutes the best form of governance, to the question of whether (and to what degree) international actors should be actively involved in democracy promotion. This book offers the first comprehensive analysis of international efforts to promote democracy during the post-World War II period, with an emphasis on developments since 1989. The authors assess the efforts of major industrialized democracies, multilateral actors, and NGOs. They find that the success of these endeavors is constrained by several realities, ranging from the often significant gap between the rhetoric and the reality of actual policies, to the dilemma that occurs when the goal of democracy clashes with other foreign policy interests. The first comprehensive analysis of international efforts to promote democracy during the post-World War II period, with an emphasis on developments since 1989.

Good Faith In The Jurisprudence Of The Wto

Author: Marion Panizzon
Publisher: Bloomsbury Publishing
ISBN: 1847312772
Size: 40.26 MB
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What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements. Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused. The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.

Global Governance In The Twenty First Century

Author: J. Clarke
Publisher: Springer
ISBN: 0230518699
Size: 75.26 MB
Format: PDF, Docs
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The key challenges of globalization are diffuse and outside the control of any one state. In its most ambitious and forward looking form, global governance seeks to create an international social fabric, albeit imperfect, which cumulatively, amounts to more than the sum of its parts. Global Governance in the Twenty-first-century aims to open a number of new areas for further analysis, and in particular, to begin a process of cross-fertilization between different disciplines examining issues related to global governance.

Reforming 21st Century Peacekeeping Operations

Author: Marc. G Doucet
Publisher: Routledge
ISBN: 1317382633
Size: 66.24 MB
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This book considers contemporary international interventions with a specific focus on analyzing the frameworks that have guided recent peacekeeping operations led by the United Nations. Drawing from the work of Michel Foucault and Foucauldian-inspired approaches in the field of International Relations, it highlights how interventions can be viewed through the lens of governmentality and its key attendant concepts. The book draws from these approaches in order to explore how international interventions are increasingly informed by governmental rationalities of security and policing. Two specific cases are examined: the UN's Security Sector Reform (SSR) approach and the UN's Protection of Civilians agenda. Focusing on the governmental rationalities that are at work in these two central frameworks that have come to guide contemporary UN-led peacekeeping efforts in recent years, the book considers: The use in IR of governmentality and its attendant notions of biopower and sovereign power The recent discussion regarding the concept and practice of international policing and police reform The rise of security as a rationality of government and the manner in which security and police rationalities interconnect and have increasingly come to inform peacekeeping efforts The Security Sector Reform (SSR) framework for peacebuilding and the rise of the UN's Protection of Civilians agenda. This book will be of interest to graduates and scholars of international relations, security studies, critical theory, and conflict and intervention.

Between Peril And Promise

Author: J. Martin Rochester
Publisher: CQ Press
ISBN: 1483301613
Size: 60.34 MB
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In this concise introduction to international law, students gain a clear appreciation for how politics shapes the development of international law, and how international law shapes political relations between states. Throughout the book, Rochester takes this complex subject and makes it accessible with his vibrant, easy-to-read prose.

Exorcising The Ghost Of Westphalia

Author: Charles W. Kegley
Publisher: Pearson
ISBN:
Size: 42.71 MB
Format: PDF
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The authors of this groundbreaking book take as a point of departure the precedent-setting agreements established by the Treaties of Westphalia to illuminate the options for maintaining peace. The book describes the system of world order established by the Peace of Westphalia and offers readers an evaluation of its relevance for the increasingly globalized world of the early twenty-fist century, as well as proposing an alternative system of global governance. Provides comprehensive coverage of the causes of great-powers war, the evolutionary course of the Thirty Years' War, durable peace settlements, the relevance of Thirty Years' War to today's environment, and offers an alternative model of world order. For individuals interested in international relations and global issues.

Ruling The World

Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
ISBN: 1139479679
Size: 14.50 MB
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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

International Relations

Author: Thomas J. Schoenbaum
Publisher: Cambridge University Press
ISBN: 1139457128
Size: 78.38 MB
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This book is a comprehensive analysis of the relevance of international law to the conduct of international relations and foreign policy. Written by a distinguished international lawyer and academic with over 35 years of experience, this book contains a systematic treatment of both fields of study. This work serves as an introduction to contemporary theories of international relations and as a primer on international law especially for the non-lawyer. Focusing on contemporary problems of terrorism, nuclear non-proliferation, war and peace, economic development, protection of the global environment, reform of the United Nations, democracy and protection of human rights, this work develops the thesis that international law is a neglected tool of foreign policy that can be used to address many of today's difficult and unresolved problems. It concludes by advocating a 'new global order' in the form of the rule of law and multilateral solidarity in addressing world problems.