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Fault Lines Of International Legitimacy

Author: Hilary Charlesworth
Publisher: Cambridge University Press
ISBN: 0521764467
Size: 50.29 MB
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This book examines the features and functions of international legitimacy and how these change over time.

Fault Lines Of International Legitimacy

Author: Hilary Charlesworth
Publisher: Cambridge University Press
ISBN: 113948270X
Size: 37.24 MB
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Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and the national level? One of the central messages of the book is that, although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations.

The Legitimacy Of International Criminal Tribunals

Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1316943151
Size: 64.81 MB
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With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

International Environmental Soft Law

Author: Jürgen Friedrich
Publisher: Springer Science & Business Media
ISBN: 3642449468
Size: 25.82 MB
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In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

Yearbook Of International Humanitarian Law 2010

Author: M.N. Schmitt
Publisher: Springer Science & Business Media
ISBN: 9067048119
Size: 16.63 MB
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The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Local Legitimacy In Peacebuilding

Author: Birte Julia Gippert
Publisher: Routledge
ISBN: 1351695746
Size: 80.79 MB
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This book analyses the role of legitimacy in explaining local actors’ compliance with international peacebuilding operations. The book provides a comparative, micro-level study of local actors’ reasons for compliance with or resistance to international peacebuilding. Specifically, it analyses three pathways to compliance –legitimacy, coercion, and reward-seeking – to explore local police officers’ compliance with the reforms stipulated by the EU Police Mission in Bosnia and the EU Rule of Law Mission in Kosovo. The work constructs a holistic framework of the mechanisms connecting each pathway to compliance and measures legitimacy using micro-level indicators. This study not only shines light on the question why local actors comply, a crucial factor in mission effectiveness, but it also illuminates exactly how compliance works. The book contributes nuanced evidence about the often-heralded importance of legitimacy in peacebuilding, showing exactly in which situations local legitimacy matters and in which it does not. It is also highly relevant for policy-makers as it unpacks and explains the mechanisms behind local legitimacy, assisting in understanding this usually nebulous concept. This book demonstrates the need for micro-level analysis by revealing the relevant processes of legitimation usually hidden behind commonly perceived social fault lines, such as the Serb-Albanian divide in Kosovo. This book will be of much interest to students of peacebuilding, war and conflict studies, Balkans politics, security studies and International Relations.

Dynamics Among Nations

Author: Hilton L. Root
Publisher: MIT Press
ISBN: 0262019701
Size: 50.95 MB
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Liberal internationalism has been the West's foreign policy agenda since the Cold War, and the West has long occupied the top rung of a hierarchical system. In this book, Hilton Root argues that international relations, like other complex ecosystems, exists in a constantly shifting landscape, in which hierarchical structures are giving way to systems of networked interdependence, changing every facet of global interaction. Accordingly, policymakers will need a new way to understand the process of change. Root suggests that the science of complex systems offers an analytical framework to explain the unforeseen development failures, governance trends, and alliance shifts in today's global political economy. Root examines both the networked systems that make up modern states and the larger, interdependent landscapes they share. Using systems analysis -- in which institutional change and economic development are understood as self-organizing complexities -- he offers an alternative view of institutional resilience and persistence. From this perspective, Root considers the divergence of East and West; the emergence of the European state, its contrast with the rise of China, and the network properties of their respective innovation systems; the trajectory of democracy in developing regions; and the systemic impact of China on the liberal world order. Complexity science, Root argues, will not explain historical change processes with algorithmic precision, but it may offer explanations that match the messy richness of those processes.

International Legitimacy And World Society

Author: Ian Clark
Publisher: Oxford University Press
ISBN: 0199297002
Size: 68.90 MB
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This is a study of the theory and history of international norms. How does international society come to adopt certain norms in particular? This book shows how ideas of international legitimacy have evolved, and makes us rethink the nature of international society.

International Law And Armed Conflict Exploring The Faultlines

Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154280
Size: 25.92 MB
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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.