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The Transformation of UN Conflict Management
The world has vowed "Never again" in memory of the 800,000 Rwandans and other groups slaughtered by génocidaires. Yet, ever since the Holocaust, the international community has repeatedly betrayed its pledge, most notably in 1994 with regard to the Rwandan Tutsi, and again ten years later in Darfur. This book examines how the UN failed to prevent or halt the Rwandan genocide: the most efficient mass killing in history. It offers a new explanation, focussing on the structure of the UN and four mechanisms which were pertinent to UN conflict management at that time: early warning; bureaucratic rationalisation; organisational learning; and Western normalisation. The author sees the Rwandan case...
The Era of Private Peacemakers
The field of peacemaking is in turbulent change. There are more peacemaking actors than before but fewer success stories, and an increasing number of violent conflicts tend to resist negotiated agreements. Tools and practices created for traditional inter- and intra-state conflicts have become ineffective and revision of old mediation practices is called for. This book examines how the private peacemaking organisations have faced this challenge. In the 21st century, private peacemakers have become a central part of peace diplomacy and have appeared as flexible actors whose innovative thinking paves the way for reconsidering and reinventing old practices of mediation. Instead of emphasizing the act of resolution, a new emphasis is given to the transformation of violence into a peace system, the complexity of conflict and the inadequateness of rational management. Furthermore, this shift has brought civic society actors from the field of reconciliation to the field of peace mediation. This new pragmatic approach under development can be called dialogic mediation.
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.
Corporate Power and Ownership in Contemporary Capitalism
Despite the influence corporations wield over all aspects of everyday life, there has been a remarkable absence of critical inquiry into the social constitution of this power. In analysing the complex relationship between corporate power and the widespread phenomenon of share ownership, this book seeks to map and define the nature of resistance and domination in contemporary capitalism. Drawing on a Marxist-informed framework, this book reconnects the social constitution of corporate power and changing forms of shareholder activism. In contrast to other texts that deal with corporate governance, this study examines a diverse and comprehensive set of themes, from socially responsible investin...
Detention by Non-State Armed Groups under International Law
Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
The Defence of Mistake of Law in International Criminal Law
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of t...
An Introduction to International Organizations Law
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Franchised States and the Bureaucracy of Peace
This book examines a new type of state formation evoked by the rise of transnational rule, what Schia calls franchised states. Drawing on anthropological studying-through fieldwork within the UN organization, he demonstrates how peacebuilding activities turned Liberia into an object of governing, whereby the UN, in seeking to build the state, also became the state. The sovereign state of Liberia here emerges as a franchise rather than a self-contained entity. Two implications follow: First, that international peacebuilding turns post-conflict countries into clients of the international community. Second, that “sovereignty” is no longer exclusively associated with the state: it is organiz...
The International Rule of Law
This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.
Rethinking the Relationship between International, EU and National Law
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
