International Law in a Multipolar World
International Law in a Multipolar World

Author: Matthew Happold

Publisher: Routledge

Published: 2013-03-01

Total Pages: 400

ISBN-13: 1136631577

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Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. 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.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today. With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, Jörg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law. International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.

Legal Theory and Contemporary International Law in Multi-Polar World
Legal Theory and Contemporary International Law in Multi-Polar World

Author: Sunklan Porwal

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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International law basically comprises of rules and principles which govern the relations and dealings of nations with each other. It establishes the framework and the criteria for indentifying states as the principal actors in the international legal system. International also concerned with group rights, treatment of aliens, rights of refugees, international crimes, rationality problem, self-determination and Human rights generally. It further focuses on area like maintenance of international peace and security, arms control, the pacific settlement of disputes and regulation of the use of force in international relations, it is seen that even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of prisoners. At present application of international law has touched almost all corner of law including global environment, the global commons such as international waters, outer space, global communications and world trade. Whilst municipal law is hierarchical in its structure, international law is horizontal in nature. This means that all states are sovereign and theoretically equal. It purposes was to regulate diplomatic relations between states in a judicial way on the basis of mutual respect of national sovereignty. Many contemporary theories approach international law-making with a shift in emphasis from the sources of law towards the broad range of fundamental issues, from sustainable development, environment and refugees protection, disaster relief, counter terrorism, disarmament and non-proliferation, to promoting democracy and human rights etc.

A Transcivilizational Perspective on International Law
A Transcivilizational Perspective on International Law

Author: Onuma Yasuaki

Publisher: Martinus Nijhoff Publishers

Published: 2010-07-15

Total Pages: 493

ISBN-13: 9004186891

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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.

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 Legal Theories
International Legal Theories

Author: Fouad Sabry

Publisher: One Billion Knowledgeable

Published: 2024-08-09

Total Pages: 371

ISBN-13:

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Unlock the profound significance of International Legal Theories within Political Science with this comprehensive guide. Gain insights into the legal principles that shape global governance and justice, enhancing your expertise in this critical field. Chapters Summaries: 1. International Legal Theories - Explore foundational and contemporary theories in international law and their impact on global legal norms. 2. Jurisprudence - Examine the philosophical foundations of law and their influence on international legal frameworks. 3. Philosophy of Law - Discover theoretical perspectives guiding the interpretation and application of legal principles across borders. 4. Legal Positivism - Understand the doctrine that laws are human-made rules and its implications for international legal systems. 5. Peremptory Norm - Learn about the highest, non-violable norms in international law, like prohibitions against genocide and torture. 6. Regime Theory - Investigate how international regimes manage global issues through legal and institutional frameworks. 7. Reflectivism - Examine the critical approach to international law, focusing on the social and political contexts shaping legal norms. 8. History of International Law - Trace the evolution of international law from its origins to present-day principles. 9. International Law - Get an overview of rules and principles governing relations between states and other international actors. 10. Legal Anthropology - Analyze how legal systems reflect societal norms and values. 11. Crime - Study international legal frameworks addressing transnational crimes and efforts to combat them. 12. Civil Liberties - Understand the protection of individual rights within international law. 13. Chinese Law - Examine Chinese legal traditions and their impact on international interactions. 14. International Relations - Analyze how international law influences global diplomacy. 15. International Human Rights Law - Investigate mechanisms designed to protect human rights globally. 16. Enforcement - Learn about methods and challenges in enforcing international legal norms and agreements. 17. Humanitarian Intervention - Discuss legal and ethical considerations of using force to protect human rights. 18. Constructivism (International Relations) - Understand how ideational factors shape international law. 19. English School of International Relations Theory - Explore contributions to the understanding of international society and legal order. 20. Abram Chayes - Learn about this influential legal scholar's contributions to international law. 21. Right to Truth - Delve into the emerging principle that victims and society have the right to know the truth about human rights violations. Ideal for professionals, students, and enthusiasts, this book provides advanced knowledge, ensuring you stay ahead in the field of international law.

International Law and World Order
International Law and World Order

Author: B. S. Chimni

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781108223782

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This book offers a critique of the principal contemporary approaches to international law alongside its own novel perspectives.

At the Origins of Modernity
At the Origins of Modernity

Author: José María Beneyto

Publisher: Springer

Published: 2018-08-11

Total Pages: 0

ISBN-13: 9783319874494

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This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as “modern” or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the “Other” and the legitimation of military interventions. All these subjects include Vitoria’s contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria’s texts, in the context of “modern” problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria’s reflections for contemporary issues of international law.

The Making of International Law
The Making of International Law

Author: Alan Boyle

Publisher: OUP Oxford

Published: 2007-02-22

Total Pages: 368

ISBN-13: 0191021768

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This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.