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Islamic Law and International Law
There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countri...
Domestic Law Goes Global
International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.
Comparative International Law
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Judicial Politics and International Cooperation
Judicial politics has emerged as a central feature of the multilateral trading system alongside a steep decline in the World Trade Organization’s ability to deliver negotiated trade liberalization. This book advances innovative arguments and presents original evidence to shed light on the important and surprisingly under-researched question of whether, and how, judicial politics has affected the prospects for cooperation in the WTO through multilateral trade rounds.
The United States and International Law
The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the United States often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of sta...
International Dispute Settlement
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
Comparative Constitutional Design
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Guide to the Scientific Study of International Processes
Dedicated to the empirical analysis of data from the world of international relations, SSIP scholars tend to focus on interstate conflicts, civil wars, and conflict management. The range of perspectives in this edited volume provide a comprehensive introduction to SSIP theory and methodology. Fresh approach traces intellectual development of research approaches rather than merely summarizing results Features original SSIP material not found in other books Includes a number of essays with a broader assessment of SSIP methods - ideal for younger scholars interested in the approach Includes recent SSIP analyses exploring issues such as civil wars
The Peaceful Settlement of International Disputes
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Torture
This collection of essays will address some of the most controversial issues surrounding torture: how it is used by governments, legal definitions of torture, the theological implications of torturing, torture in declared states of emergency and why it should be prohibited.
