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Legitimacy and Legality in International Law
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
A Rule of Law for Our New Age of Anxiety
Taking Auden's Age of Anxiety as a leitmotiv and drawing on literature from law, philosophy, political theory, international relations, and sociology, Toope argues with passion that a renewed faith in the rule of law can address troubling developments in our own anxious times: populist nationalism; globalisation; and disruptive technologies with their dominating platforms. We can address anxiety by bolstering social resilience, drawing upon a plural intellectual heritage. That heritage reveals a unique type of 'authority' in society, 'epistemic practical authority' built up continuously through social discourse and action, shifting focus from the state of 'being' to the dynamic of 'becoming.' What is law's role in this world? The modest, yet powerful, version of the rule of law advocated here is one that draws on a wellspring of practical wisdom - prudence gleaned from pragmatic experience. It chastens power, while not disconnecting law from other sources of social action and human agency.
Interdisciplinary Perspectives on International Law and International Relations
Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.
The History of Global Climate Governance
A systematic exploration of the underlying issues and negotiation history of climate change governance, for policymakers, NGOs, researchers and graduate students.
After the Paris Attacks
Based on a conference held on March 9, 2015, at the University of Toronto.
The Law of International Lawyers
For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law and discussed in relation to an even broader range of theoretical perspectives, including history, political theory, sociology and international relations theory. These invaluable insights have been expertly brought together by the volume editors, who identify the key and common themes of many of the book's contributions. This volume demonstrates the importance of critical legal scholarship in the ways international law is enacted, shaped and reshaped over time.
Mixed International Arbitration
This book focuses on the process of arbitration between States and private persons. On the basis of an examination of this process - particularly the manner through which tribunals are created and by which they render judgment - the author assesses the role of the parties, the relative importance of their interests, the sources of law and the role of the adjudicator. Part one is an exploration of some central difficulties, both theoretical and practical, that arise in mixed international arbitration. In the forefront of these is the question of the applicable law and particularly the question of the delocalisation of both the procedural and the substantive law. Part two contains extensive studies of the three most important regimes of mixed international arbitration currently in operation: the International Chamber of Commerce, the World Bank Centre for the Settlement of Investment Disputes and the Iran-US Claims Tribunal.
Transnational Climate Change Governance
Leading experts provide the first comprehensive account of transnational efforts to respond to climate change, for researchers, graduate students and policy makers.
Waves Across the South
"Per the UK publisher William Collins's promotional copy: "There is a quarter of this planet which is often forgotten in the histories that are told in the West. This quarter is an oceanic one, pulsating with winds and waves, tides and coastlines, islands and beaches. The Indian and Pacific Oceans constitute that forgotten quarter, brought together here for the first time in a sustained work of history." More specifically, Sivasundaram's aim in this book is to revisit the Age of Revolutions and Empire from the perspective of the Global South. Waves Across the South ranges from the Arabian Sea across the Indian Ocean to the Bay of Bengal, and onward to the South Pacific and Australia's Tasman Sea. As the Western empires (Dutch, French, but especially British) reached across these vast regions, echoes of the European revolutions rippled through them and encountered a host of indigenous political developments. Sivasundaram also opens the door to new and necessary conversations about environmental history in addition to the consequences of historical violence, the extraction of resources, and the indigenous futures that Western imperialism cut short"--
AI Narratives
This book is the first to examine the history of imaginative thinking about intelligent machines, featuring contributions from leading humanities and social science scholars who detail the narratives about artificial intelligence (AI) that in turn offer a crucial epistemic site for exploring contemporary debates about these powerful technologies.
