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Reciprocity in International Law
In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
International Law and Ethics After the Critical Challenge
Recasting the critical challenge to international law in positive terms, this book examines what is left of international law if we accept both that apolitical rules are impossible and that the values used to justify them are irreducibly, radically subjective.
New Approaches to International Law
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
China, State Sovereignty and International Legal Order
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
An Institutional And Normative Analysis of the World Trade Organization
This book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members' practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or 'soft' law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies.
Fault Lines of International Legitimacy
This book examines the features and functions of international legitimacy and how these change over time.
The Economics of European Integration
It is of paramount importance that European firms, investors and countries take into consideration the implications, changes and opportunities of European integration in their decision-making processes. This is reinforced by the fact that the EU has been continuously evolving and enlarging.
The Legal Dimension in Cold-War Interactions
Given their relationship to political rhetoric, myths of the Cold War certainly matter today; the legal field is no exception. Although Cold-War studies remains a blooming field, its legal dimensions have not been sufficiently developed. Only recently have legal scholars begun to embark upon research in law and the Cold War and how this area is regarded nowadays, both explicitly and implicitly. Preliminary results show that, on both sides of the Iron Curtain, knowledge of law of the ‘Other’ was encapsulated within two main frameworks: ideological and pragmatic. How did these approaches interrelate and influence one another? Can pure knowledge strictly be divided from contextual conditions? The chapters in this volume present retrospective accounts of actors who have been involved in the circulation of knowledge through the Curtain and, also, research on recent political and legal phenomena echoing the Cold-War discourse. Contributors: Jane Henderson, Albert J. Schmidt, Zlata E. Benevolenskaya, Leena Lehtinen, Boris N. Mamlyuk, William Partlett, Paul B. Stephan
Crime, War, and Global Trafficking
Asks whether governments choose the best institutional designs to enable effective measures against criminal trafficking.
International Handbook on the Economics of Integration: General issues and regional groups
International Handbook of Economic Integration edited by Miroslav Jovanovi provides timely and rich academic contributions to considerations of the widest array of integration-related issues. European integration has been providing an inspiration to a number of academics and researchers. The Handbook is a recognition of the dynamic and strong solidarity of the European integration. At the same time, the European Union often provided an example for integration schemes throughout the world which spread enormously since the mid-1990s. Leading experts from all continents contributed to this Handbook which will be a valuable input into academic and policy-making discussions and actions. José Man...
