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American Foreign Policy Ideology and the International Rule of Law
Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
The Oxford Handbook of the International Law of Global Security
On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
Tracing Value Change in the International Legal Order
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. Th...
Treaties and their Practice
The book describes the development of certain important treaties from the perspective of their practice, with a view to assessing whether these treaties are, or have been, on the “rise” or in “decline”. Following a glance at major European peace treaties prior to the UN Charter, the book focuses on developments over the last thirty years with respect to the UN Charter and its rules on the use of force, human rights treaties, the WTO agreements, investment treaties, and environmental treaties. It looks at these treaties from the perspective of an observer as well as from the perspective of a practitioner who is called to apply a treaty, taking into account the rules of interpretation under the Vienna Convention on the Law of Treaties. The book describes, in particular, how the International Law Commission has elucidated the significance of the rules of interpretation in its conclusions on “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (2018), and it connects this work with the broader developments.
Religious Persecution and Political Order in the United States
This book explains why the United States, a country that values religious freedom, has persecuted some religious minorities while protecting others. It explores the experiences of Mormons, Jehovah's Witnesses, Jews, Catholics, and Muslims arguing that the state will persecute a religion if it sees it as a political threat.
Reimagining the International Legal Order
International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
Economic Constitutionalism in a Turbulent World
This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism and places the discussion within contemporary theoretical frameworks.
Law, Security and Migration
This book analyzes the impact of the increasing securitization of migration within the international legal and political order. Migration has increasingly become a security issue. Examining this tendency towards the securitization of migration around the world, this book argues that it is indicative of a shift in the international order towards geopolitical and security strategies, and away from cooperation and multilateralism. States are now more inclined to produce national legislation in the fields of countering terrorism, migration, and security, than dealing with such global issues through international cooperation and international norm-making. As such, this book demonstrates, they ten...
The Crime of Aggression under the Rome Statute of the International Criminal Court
This edition provides a comprehensively updated guide to the crime of aggression under the Statute of the International Criminal Court.
The Book of Minor Perverts
Shortlisted for the Modernist Studies Assocation Book Prize Statue-fondlers, wanderlusters, sex magicians, and nymphomaniacs: the story of these forgotten sexualities—what Michel Foucault deemed “minor perverts”—has never before been told. In The Book of Minor Perverts, Benjamin Kahan sets out to chart the proliferation of sexual classification that arose with the advent of nineteenth-century sexology. The book narrates the shift from Foucault’s “thousand aberrant sexualities” to one: homosexuality. The focus here is less on the effects of queer identity and more on the lines of causation behind a surprising array of minor perverts who refuse to fit neatly into our familiar sexual frameworks. The result stands at the intersection of history, queer studies, and the medical humanities to offer us a new way of feeling our way into the past.
