Search Results for "international-law-in-a-multipolar-world"

International Law in a Multipolar World

International Law in a Multipolar World

  • Author: Matthew Happold
  • Publisher: Routledge
  • ISBN: 1136631585
  • Category: Law
  • Page: 352
  • View: 7386
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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

A Transcivilizational Perspective on International Law

Questioning Prevalent Cognitive Frameworks in the Emerging Multi-Polar and Multi-Civilizational World of the Twenty-First Century

  • Author: Onuma Yasuaki
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004186891
  • Category: Law
  • Page: 492
  • View: 5941
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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.

Global Energy Governance in a Multipolar World

Global Energy Governance in a Multipolar World

  • Author: Thijs Van de Graaf,Dr Kirsten Westphal,Prof Dr Dries Lesage
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409499642
  • Category: Political Science
  • Page: 234
  • View: 5007
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Multipolar governance permits a number of important states to have significantly more economic and political clout than others, but among them there is hardly any hierarchy. The new energy challenge, with its intricate socio-economic, ecological and international-political considerations, is a multi-dimensional, multi-level and multi-actor issue that requires a minimum of 'central' political steering, because neither the invisible hand of the market, nor unilateral or bilateral power politics are capable to bring about sustainable solutions. Global Energy Governance in a Multipolar World investigates the relationship between the emergence of a multipolar world order and the enormous challenges of global energy governance that the world is facing in the 21st century. It reflects on fundamental questions such as how the main consuming countries can avoid conflict over scarce resources, how they will cooperate to bring about open energy markets, energy conservation and efficiency, and how they can promote renewable energy sources.

The Rise of the BRICS in the Global Political Economy

The Rise of the BRICS in the Global Political Economy

Changing Paradigms?

  • Author: Vai Io Lo,Mary Hiscock
  • Publisher: Edward Elgar Publishing
  • ISBN: 1782545476
  • Category: Business & Economics
  • Page: 352
  • View: 6454
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Taking an interdisciplinary approach, Vai Io Lo and Mary Hiscock, together with scholars and researchers from around the world, investigate the rise of the BRICS and assess the extent of their further development and influence from the perspectives of

Saudi Arabia in a Multipolar World

Saudi Arabia in a Multipolar World

Changing dynamics

  • Author: Zakir Hussain
  • Publisher: Routledge
  • ISBN: 1317247582
  • Category: Political Science
  • Page: 282
  • View: 6917
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The Kingdom of Saudi Arabia has established itself as the twelfth-largest economy in the world, the largest West Asian economic power, world’s largest oil producer, and a strong and capable force in international politics, particularly in the Sunni Islamic world. However, at present it is at crossroads. Should it continue as a ‘kingdom’ or usher in the process of inclusive political representation? This volume answers such questions and explores how the state is coping with domestic, regional and global developments to remain relevant in the changing times. It provides a holistic overview of a slew of economic, political, cultural, military and security policy measures that have been initiated by the government. The work also offers a detailed analysis of Saudi Arabia’s relations with three significant powers — USA, China and India — and how they are evolving under new geopolitical and geostrategic dynamics. This book will interest strategists, policymakers, researchers and students of international relations, geopolitics, political science and political economy as well as the informed reader.

Multipolarity in the 21st Century

Multipolarity in the 21st Century

A New World Order

  • Author: Donette Murray,David Brown
  • Publisher: Routledge
  • ISBN: 1136461078
  • Category: History
  • Page: 224
  • View: 3066
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This book seeks to help shape the debate surrounding power and polarity in the twenty-first century, both by assessing the likelihood of US decline and by analysing what each of the so-called 'rising powers' can do. As the twenty-first century moves out of its first decade, American supremacy continues to generate intense debate about the nature, quality and sustainability of US power. At the same time, significant developments in four rising powers - China, Russia, India and the European Union – have provoked analysts to ask whether multipolarity is a realistic prospect. Multipolarity in the 21st Century assesses the likelihood of a multipolar world developing, either by a marked US decline and or by the ability of these putative ‘rivals’ to continue to rise to the level necessary to be credibly considered a superpower. Written by a combination of emerging scholars and recognised experts, this volume will provide a timely and authoritative analysis of one of the most controversial and compelling security debates of the twenty-first century. This book will be of much interest to students of Security Studies, Foreign Policy and International Relations in general.

State Responsibility in International Law

State Responsibility in International Law

  • Author: René Provost
  • Publisher: Routledge
  • ISBN: 1351898035
  • Category: Law
  • Page: 608
  • View: 9998
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In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.

India-China Relations

India-China Relations

Politics of Resources, Identity and Authority in a Multipolar World Order

  • Author: Jagannath P. Panda
  • Publisher: Routledge
  • ISBN: 1317563808
  • Category: Social Science
  • Page: 288
  • View: 6879
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The rise of India and China as two major economic and political actors in both regional and global politics necessitates an analysis of not only their bilateral ties but also the significance of their regional and global pursuits. This book looks at the nuances and politics that the two countries attach to multilateral institutions and examines how they receive, react to and approach each other’s presence and upsurge. The driving theme of this book is to highlight the enduring and emerging complexities in India-China relations, which are multi-layered and polygonal in nature, and both a result and reflection of a multipolar world order. The book argues that coexistence between India and China in this multipolar world order is possible, but that it is limited to a medium-term perspective, given the constraints of identity complexities and global aspirations these two rising powers are pursuing. It goes on to discuss how their search for energy resources, quest to uphold their own identity as developing powers, and engagement in balance-of-power politics to exert authority on each other’s presence, are some elements that guide their non-cooperative relationship. By explaining the foreign policy approaches of Asia’s two major powers towards the growing Asian and global multilateralism, and highlighting the policies they carry towards each other, the book is a useful contribution to students and scholars of Asian Politics, Foreign Policy and International Relations.

Comparative Law in a Global Context

Comparative Law in a Global Context

The Legal Systems of Asia and Africa

  • Author: Werner F. Menski
  • Publisher: Cambridge University Press
  • ISBN: 1139452711
  • Category: Law
  • Page: N.A
  • View: 6561
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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Participants in the International Legal System

Participants in the International Legal System

Multiple Perspectives on Non-State Actors in International Law

  • Author: Jean d'Aspremont
  • Publisher: Routledge
  • ISBN: 1136724923
  • Category: Law
  • Page: 496
  • View: 4596
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The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Contextualising International Law in Northeast Asia

Contextualising International Law in Northeast Asia

  • Author: Asif H Qureshi
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509915303
  • Category: Law
  • Page: 216
  • View: 9517
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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.

Is International Law International?

Is International Law International?

  • Author: Anthea Roberts
  • Publisher: Oxford University Press
  • ISBN: 0190696435
  • Category: Law
  • Page: 304
  • View: 6718
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

The International Criminal Court in Search of its Purpose and Identity

The International Criminal Court in Search of its Purpose and Identity

  • Author: Triestino Mariniello
  • Publisher: Routledge
  • ISBN: 1317703081
  • Category: Law
  • Page: 288
  • View: 6157
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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.

International Organizations and the Idea of Autonomy

International Organizations and the Idea of Autonomy

Institutional Independence in the International Legal Order

  • Author: Richard Collins,Nigel D. White
  • Publisher: Routledge
  • ISBN: 1136806059
  • Category: Law
  • Page: 464
  • View: 1153
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International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.

African Dynamics in a Multipolar World

African Dynamics in a Multipolar World

  • Author: Ulf Engel,Manuel João Ramos
  • Publisher: BRILL
  • ISBN: 9004256504
  • Category: Social Science
  • Page: 232
  • View: 9266
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This volume offers paths for African Studies researchers to understand and explain the various dimensions of African dynamics in a growingly multipolar world.

Cultural Diversity in International Law

Cultural Diversity in International Law

The Effectiveness of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

  • Author: Lilian Richieri Hanania
  • Publisher: Routledge
  • ISBN: 1134454880
  • Category: Business & Economics
  • Page: 340
  • View: 5107
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The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

The Changing Nature of Customary International Law

The Changing Nature of Customary International Law

Methods of Interpreting the Concept of Custom in International Criminal Tribunals

  • Author: Noora Arajärvi
  • Publisher: Routledge
  • ISBN: 1134067348
  • Category: Law
  • Page: 214
  • View: 8575
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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

Dawn of a New Order

Dawn of a New Order

Geopolitics and the Clash of Ideologies

  • Author: Rein Mullerson
  • Publisher: I.B.Tauris
  • ISBN: 1786722259
  • Category: History
  • Page: 240
  • View: 3923
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The most significant development in global politics following the end of the bi-polar Cold War era has been the rise of a multi-polar state system. This has led to the emergence of major potential super-powers, global rivalry, international terrorism and the gradual weakening of the one remaining hegemonic, uni-polar state after the Cold War – the US. The idealistic hopes following the collapse of communism have evaporated and Cold War competition between liberal capitalism and communism has been replaced by multi-polar global rivalry that can only be resolved by a balance of power buttressed by international law. In this ambitious and thought-provoking book, Professor Rein Müllerson outlines the challenges associated with the new geopolitics of the twenty-first century. Based on in-depth research over several decades it is an essential tool for understanding the new world order and the ensuing crises in global politics.

Regional Maintenance of Peace and Security under International Law

Regional Maintenance of Peace and Security under International Law

The Distorted Mirrors

  • Author: Dace Winther
  • Publisher: Routledge
  • ISBN: 1135120552
  • Category: Law
  • Page: 288
  • View: 923
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This book explores the scope and limits of what is appropriate for regional action in the maintenance of peace and security. It offers a comparative study of legal regulation of the use of force in the maintenance of peace and security of different security regions in the context of the UN system and general international law. The book examines the post-Cold War legal documents and practice of the regional organizations of six security regions of the world (Africa, Asia, the Americas, the Middle East, the Russian sphere of influence and the Euro-Atlantic region), and in doing so offers a unique international and comparative perspective towards regional characteristics that may influence the possibility for coherent action in a UN context. Dace Winther explores the controversial topics of regional humanitarian intervention and robust regional peacekeeping without a UN mandate, what is regarded as appropriate for regional action in different security regions of the world, and if the approaches of the regions differ, what factors could have an influence. The book is highly relevant in a global climate where regional mechanisms take an ever more active part in the maintenance of international peace and security, including the use of force. The book will be of great interest to students and academics of International Law, International Relations and Security Studies.

Power Relations in the Twenty-First Century

Power Relations in the Twenty-First Century

Mapping a Multipolar World?

  • Author: Donette Murray,David Brown
  • Publisher: Routledge
  • ISBN: 131791306X
  • Category: Political Science
  • Page: 226
  • View: 9799
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This volume critiques contemporary power trends by examining key bilateral dynamics between five putative ‘poles’ of the multipolar order in the twenty-first century. Written by emerging scholars and established academics, this work provides a timely and authoritative analysis of one of the most controversial and compelling security debates of the twenty-first century. Adopting a detailed case study approach, the volume examines contemporary great power relations between the US, China, Russia, India and the EU. Each chapter explores the essential nature and characteristics of individual inter-state relationships in order to explicate and appraise the empirical evidence for a putative multipolar order. The volume aims to deepen understanding of power trends and critically assess the individual inter-dynamics at play. In doing so, it critiques the various models offered, such as the hub and spoke model (with the US remaining as the primary actor) and Zakaria’s ‘networked’ model, as part of a purported ‘post-American world’. The work places each of the individual relationships into a wider strategic and political context, in relation to the continued international turbulence and change that has seemed even more prominent in recent times, taking into account the twin challenges of Brexit and the presidency of Donald Trump. It concludes by returning the focus to the central questions of if, how and when a post-American, multipolar world could develop. This volume will be of much interest to students of global security, foreign policy, and IR in general.