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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.
Tracing Value Change in the International Legal Order
The international legal order is undergoing a crisis of unusual proportions. This book brings together multiple interdisciplinary contributors to explore whether the values underpinning international law itself are changing, the processes and mechanisms through which changes might be taking place, and how these changes can be negotiated.
The Oxford Handbook of the International Law of Global Security
A unique overview of the relationship between international law and global security, Major areas of coverage include armed conflict, human rights, the environment, and technology Book jacket.
Religious Persecution and Political Order in the United States
Religious freedom is a foundational value of the United States, but not all religious minorities have been shielded from religious persecution in America. This book examines why the state has acted to protect some religious minorities while allowing others to be persecuted or actively persecuting them. It details the persecution experiences of Mormons, Jehovah's Witnesses, Catholics, Jews, the Nation of Islam, and orthodox Muslims in America, developing a theory for why the state intervened to protect some but not others. The book argues that the state will persecute religious minorities if state actors consider them a threat to political order, but they will protect religious minorities if they believe persecution is a greater threat to political order. From the beginning of the republic to after 9/11, religious freedom in America has depended on the state's perception of political threats.
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...
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.
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.
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.
Ethnic Conflict in Asymmetric Federations
In the last years of their existence, the Union of Soviet Socialist Republics (USSR) and the Socialist Federal Republic of Yugoslavia (SFRY) found themselves facing a similar and very grim state of affairs. After their disintegration, the former Yugoslav republics spiralled into a set of ethnic conflicts that did not leave a single one of them unscathed, and in the ex-Soviet space, conflicts were far more limited. This book offers an in-depth analysis of the difference in state collapses and ensuing conflicts in the Soviet Union and Yugoslavia by focusing on their asymmetric ethnofederal structure and the different dynamics of ethnic mobilization that the federal units experienced. Moreover,...
