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The Power of Legality
Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
The Changing Practices of International Law
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
Praxis
Presents a shift from the accepted international relations standard of theorizing, by analyzing policy decisions made in non-ideal conditions within a broader framework of practical choices, emphasizing both historicity and contingency, as exemplified by changing practices in the international arena.
Rethinking the Relationship Between International, EU and National Law
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
The Law of International Lawyers
This book provides original perspectives on the work of one of the most important thinkers in international law today.
Reducing Armed Violence with NGO Governance
NGOs have proliferated in number and become increasingly influential players in world politics in the past three decades. From the 1970s, with the access of social movements and private NGOs to local and international institutions, NGOs have enjoyed an opening to bring impact global policy debates. Yet NGOs find themselves highly constrained in bringing their material and epistemic resources to bear in the security arena where their activities normally must be authorized by states, or international organizations acting with authority delegated from states. They also find their activities, particularly in the security arena come frequently under attack as lacking accountability or lacking leg...
Meaning Making in International Criminal Law
This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
Research Handbook on the Sociology of International Law
Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.
The Politics of International Law and Compliance
Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. T...
