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Constructing Sovereignty Between Politics and Law
This book explores the interplay between sovereignty, politics and law through different conceptualizations of sovereignty. Despite developments such as European integration, globalization, and state failure, sovereignty proves to be a resilient institution in contemporary international politics. This book investigates both the continuity and change of sovereignty through an examination of the different ways it is understood; sovereignty as an institution, as identity; as a (language) game; and as subjectivity. In this illuminating book, Aalberts examines sovereign statehood as a political-legal concept, an institutional product of modern international society, and seeks an interdisciplinary...
The Changing Practices of International Law
With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.
The Many Paths of Change in International Law
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting th...
The Power of Legality
Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
International Law As We Know It
Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.
The Politics of Globality since 1945
This timely, comprehensive and interdisciplinary volume advances an original argument about the complex roots and multiple politics of globality. It shows that technological innovations and decisive developments since 1945 – from the nuclear revolution to anthropogenic climate change and debates about the Anthropocene – have prompted reflections on the global condition of humanity and helped reshape political communities by making the world (appear) small, manageable and interconnected. The contributors stress how human beings have transformed both their habitat and their view of human-earth relations since 1945. Such changes have been accompanied by important shifts in political visions...
International Law as the Law of Collectives
This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.
The United States and Great Power Responsibility in International Society
This book evaluates American foreign policy actions from the perspective of great power responsibility, with three case studies: Operation Iraqi Freedom, American drone strikes in Pakistan and the post- 9/11 practice of extraordinary rendition. This book argues that the US invasion of Iraq in 2003, American drone attacks in Pakistan and the practice of extraordinary rendition are the examples of irresponsible actions undertaken by the U.S. acting as a great power in international society. Focusing on a major theoretical approach of International Relations, the English School, this book considers the responsibilities of great powers in international society. It points to three obligations of ...
Risk and Presidential Decision-making
This book aims at gauging whether the nature of US foreign policy decision-making has changed after the Cold War as radically as a large body of literature seems to suggest, and develops a new framework to interpret presidential decision-making in foreign policy. It locates the study of risk in US foreign policy in a wider intellectual landscape that draws on contemporary debates in historiography, international relations and Presidential studies. Based on developments in the health and environment literature, the book identifies the President as the ultimate risk-manager, demonstrating how a President is called to perform a delicate balancing act between risks on the domestic/political side...
Articulating Security
Shows how the United Nations' management of counter-terrorism stifles the law's ability to speak against the injustices of collective security.
