International Law and International Relations
International Law and International Relations

Author: Thomas J. Biersteker

Publisher: Routledge

Published: 2006-10-19

Total Pages: 380

ISBN-13: 1134145772

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This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right. International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance. This book will be of great interest to all students of international law, international relations and governance.

International Relations Theory and International Law
International Relations Theory and International Law

Author: Adriana Sinclair

Publisher: Cambridge University Press

Published: 2010-10-28

Total Pages: 211

ISBN-13: 1139491830

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International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also from the theoretical foundations of constructivism - the school of thought which engages most frequently with law. In this book, Adriana Sinclair rehabilitates IR theory's understanding of law, using cases studies from American, English and international law to critically examine contemporary constructivist approaches to IR and show how a gap in their understanding of law has led to inadequate theorisation.

The Impact of International Law on International Cooperation
The Impact of International Law on International Cooperation

Author: Eyal Benvenisti

Publisher: Cambridge University Press

Published: 2004-09-02

Total Pages: 336

ISBN-13: 9781139456067

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This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

Power and Law in International Society
Power and Law in International Society

Author: Mark Klamberg

Publisher: Routledge

Published: 2015-04-24

Total Pages: 199

ISBN-13: 1317617126

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When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

International Legal Theory
International Legal Theory

Author: Jeffrey L. Dunoff

Publisher: Cambridge University Press

Published: 2022-08-04

Total Pages: 449

ISBN-13: 110861745X

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Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.

International Law Theories
International Law Theories

Author: Andrea Bianchi

Publisher: Oxford University Press

Published: 2016-11-10

Total Pages: 378

ISBN-13: 0191038229

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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

Reputation and International Politics
Reputation and International Politics

Author: Jonathan Mercer

Publisher: Cornell University Press

Published: 2018-09-05

Total Pages: 252

ISBN-13: 1501724479

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By approaching an important foreign policy issue from a new angle, Jonathan Mercer comes to a startling, controversial discovery: a nation's reputation is not worth fighting for. He presents the most comprehensive examination to date of what defines a reputation, when it is likely to emerge in international politics, and with what consequences. Mercer examines reputation formation in a series of crises before World War I. He tests competing arguments, one from deterrence theory, the other from social psychology, to see which better predicts and explains how reputations form. Extending his findings to address recent crises such as the Gulf War, he also considers how culture, gender, and nuclear weapons affect reputation. Throughout history, wars have been fought in the name of reputation. Mercer rebuts this politically powerful argument, shows that reputations form differently than we thought, and offers policy advice to decision-makers.

Is International Law Even Law?
Is International Law Even Law?

Author: Leah L. Carmichael

Publisher: Rowman & Littlefield

Published: 2021-05-07

Total Pages: 241

ISBN-13: 1793628726

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International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.

International Law and International Relations
International Law and International Relations

Author: David Armstrong

Publisher: Cambridge University Press

Published: 2012-03-08

Total Pages: 365

ISBN-13: 110701106X

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This fully updated and revised edition explores the evolution, nature and function of international law in world politics.