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: 2822
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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: 9545
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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.

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: 6439
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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.

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: 3054
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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.

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: 8892
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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.

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: 7223
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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.

Contextualising International Law in Northeast Asia

Contextualising International Law in Northeast Asia

  • Author: Asif H Qureshi
  • Publisher: Bloomsbury Publishing
  • ISBN: 150991532X
  • Category: Law
  • Page: 216
  • View: 5612
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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.

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: 3907
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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.

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: 2080
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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.

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: 8951
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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.

What prospects for normative foreign policy in a multipolar world?

What prospects for normative foreign policy in a multipolar world?

  • Author: N.A
  • Publisher: CEPS
  • ISBN: 9290798025
  • Category:
  • Page: N.A
  • View: 495
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Power and Justice in International Relations

Power and Justice in International Relations

Interdisciplinary Approaches to Global Challenges

  • Author: Dr Andreas Oberprantacher,Ms Marie-Luisa Frick
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409499383
  • Category: Political Science
  • Page: 284
  • View: 1656
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Outstanding and thought-provoking, this book provides up-to-date and in-depth analyses of current developments in international politics. It highlights the (unilateral) use of force in international relations and its implication for international law, the chances and risks of international criminal justice, and the question of epistemic violence with regard to dominant discourses in the theory of international relations, such as nation-building and intercultural dialogue. Furthermore, the book focuses on conditions for global social and ecological justice in international economics against the background of financial crisis. It contributes in particular to a better understanding of the relation between power and justice in view of current global tensions while reflecting the work of the internationally acclaimed philosopher Hans Köchler.

Weltordnung

Weltordnung

  • Author: Henry A. Kissinger
  • Publisher: C. Bertelsmann Verlag
  • ISBN: 3641155487
  • Category: Political Science
  • Page: 480
  • View: 8094
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Henry Kissinger über die größte Herausforderung des 21. Jahrhunderts Hat das westlich geprägte Wertesystem im 21. Jahrhundert angesichts aufstrebender Mächte mit gänzlich anderem Menschenbild und Gesellschaftskonzept als Basis einer Frieden stiftenden Weltordnung ausgedient? Henry Kissinger, über Jahrzehnte zentrale Figur der US-Außenpolitik und Autorität für Fragen der internationalen Beziehungen, sieht unsere Epoche vor existenziellen Herausforderungen angesichts zunehmender Spannungen. In der heutigen global eng vernetzten Welt wäre eine Ordnung vonnöten, die von Menschen unterschiedlicher Kultur, Geschichte und Tradition akzeptiert wird und auf einem Regelwerk beruht, das in der Lage ist, regionale wie globale Kriege einzudämmen. Der Autor analysiert die Entstehung der unterschiedlichen Ordnungssysteme etwa in China, den islamischen Ländern oder im Westen und unternimmt den Versuch, das Trennende zwischen ihnen zusammenzuführen und den Grundstein für eine zukünftige friedliche Weltordnung zu legen.

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: 5601
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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

Security in a Greater Europe

Security in a Greater Europe

The Possibility of a Pan-European Approach

  • Author: Charlotte Wagnsson
  • Publisher: Manchester University Press
  • ISBN: 1847797342
  • Category: Political Science
  • Page: 200
  • View: 1636
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Can Russia, the European Union and the three major EU member states adopt a unified policy line in the global arena? Charlotte Wagnsson investigates the cohesiveness of 'greater Europe' through the detailed scrutiny of policy statements by the leadership elites in the UK, France, Germany, Russia and the EU in connection with three defining events in international security: the crisis in Kosovo of 1999; the terrorist attacks of 9/11 and the Iraq crisis of 2003. This extensive empirical enquiry results in a critical constructivist response to neorealist understandings of European security. The book is available in paperback for the first time. It contrasts the EU's new way of 'doing security' with the established, competitive bilateral interplay in the European security sphere and provides a clue to the kind of security politics that will prevail in Europe. A joint Moscow-Brussels approach would improve the chances of both increasing their relative strength vis-à-vis the USA, but serious cleavages threaten to undermine such a 'greater European' common view on security. Wagnsson considers the extent to which the major European players pursue similar objectives, and assesses the possible implications for and the chances of greater Europe emerging as a cohesive global actor. This meticulously researched book will interest scholars and students with an interest in international security, the EU's international role, European international relations and Russian security.

China and the Global Politics of Regionalization

China and the Global Politics of Regionalization

  • Author: Assoc Prof Emilian Kavalski
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409499294
  • Category: Political Science
  • Page: 262
  • View: 8489
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This volume examines the prominent role of China in global politics and the relevance of the 'new regionalism' paradigm to China's international outreach. It provides a comprehensive and critical assessment of China's impact on the global politics of regionalization, offers a novel application of analytical models, investigates the aspects of the Chinese practice of regionalization that set it apart, and demonstrates China's transformative potential in international life. Addressing the need to 're-Orient' the research and policy agenda of international relations, this comprehensive study demonstrates both the lack of language to engage with existing norms and standards and the difficulty of applying them to an evaluation of the global politics of China's 'non-Western' international agency.

The EU's Role in Global Governance

The EU's Role in Global Governance

The Legal Dimension

  • Author: Bart Van Vooren,Steven Blockmans,Jan Wouters
  • Publisher: OUP Oxford
  • ISBN: 0191634735
  • Category: Law
  • Page: 384
  • View: 800
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For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.

The Balance of Power in International Relations

The Balance of Power in International Relations

Metaphors, Myths and Models

  • Author: Richard Little
  • Publisher: Cambridge University Press
  • ISBN: 0521874882
  • Category: Law
  • Page: 317
  • View: 674
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Offering an analysis of the concept of the balance of power in IR, Little establishes a framework that treats the balance of power as a metaphor, a myth and a model. He then uses this framework to reassess four major texts that use this to promote a theoretical understanding of international relations.

Core Europe and Greater Eurasia

Core Europe and Greater Eurasia

A Roadmap for the Future

  • Author: Peter W. Schulze
  • Publisher: Campus Verlag
  • ISBN: 3593437856
  • Category: Political Science
  • Page: 226
  • View: 8312
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Die EU befindet sich in einer Krise, die durch Umbrüche in den internationalen Beziehungen verschärft wird. Wie die Konflikte in der Ukraine und in Syrien zeigen, läuft sie Gefahr, zum Spielball geopolitischer Auseinandersetzungen zwischen den USA und Russland zu werden. Die EU muss zu einer ausgewogenen und selbstbewussten Politik finden, will sie ein wichtiger Akteur sein. Dabei bietet eine Verbindung der Konzeptionen von Kerneuropa und Greater Eurasia Chancen für den Abbau politischer Spannungen sowie zu einer Rückbesinnung auf eine interessengeleitete Russlandpolitik der EU und ihrer Mitgliedsstaaten. Diesem Ziel würde ein gesamteuropäischer Wirtschaftsraum dienen, der auf den Säulen von Energie- und Transportinfrastruktur beruhen könnte.