Public debates in the language of international law have occurred across the 20th and 21st centuries and have produced a popular form of international law that matters for international practice. This book analyses the people who used international law and how they used it in debates over Australia's participation in the 2003 Iraq War, the Vietnam War and the First World War. It examines texts such as newspapers, parliamentary debates, public protests and other expressions of public opinion. It argues that these interventions produced a form of international law that shares a vocabulary and grammar with the expert forms of that language and distinct competences in order to be persuasive. This longer history also illustrates a move from the use of international legal language as part of collective justifications to the use of international law as an autonomous justification for state action.

In Freshwater Boundaries Revisited, Maria Querol analyzes the different methods applied in the delimitation of international rivers and lakes and the recent developments in the field. This monograph reassesses the diverse methods of boundary delimitation in view of the latest and abundant jurisprudence of the International Court of Justice and the tribunals under the aegis of the Permanent Court of Arbitration on the subject. The author focuses on the influence of human considerations in the field under study and the legal consequences ensuing therefrom, in addition to drawing some conclusions regarding freshwater boundaries.

Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.

We need new analytical tools to understand the turbulent times in which we live, and identify the directions in which international politics will evolve. This volume discusses how engaging with Emanuel Adler's social theory of cognitive evolution could potentially achieve these objectives. Eminent scholars of International Relations explore various aspects of Adler's theory, evaluating its potential contributions to the study of world orders and IR theory more generally. Each chapter focuses on a different aspect of the social theory of cognitive evolution, such as power, morality, materiality, narratives, and practices, and identifies new theoretical vistas that help break new ground in International Relations. In the concluding chapter, Adler responds, engaging in a rich dialogue with the contributors. This volume will appeal to scholars and advanced students of International Relations theory, especially evolutionary and constructivist approaches.

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Why do some donor governments pursue international development through recipient governments, while others bypass such local authorities? Weaving together scholarship in political economy, public administration and historical institutionalism, Simone Dietrich argues that the bureaucratic institutions of donor countries shape donor-recipient interactions differently despite similar international and recipient country conditions. Donor nations employ institutional constraints that authorize, enable and justify particular aid delivery tactics while precluding others. Offering quantitative and qualitative analyses of donor decision-making, the book illuminates how donors with neoliberally organized public sectors bypass recipient governments, while donors with more traditional public-sector-oriented institutions cooperate and engage recipient authorities on aid delivery. The book demonstrates how internal beliefs and practices about states and markets inform how donors see and set their objectives for foreign aid and international development itself. It informs debates about aid effectiveness and donor coordination and carries implications for the study of foreign policy, more broadly.

Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.

Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.

Addressing some of the most perilous, controversial issues in international law and governance, this volume brings together legal scholars from diverse geographic, personal and scholarly perspectives. They reflect on the pervasive feeling of crisis in the world today and share their views on the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow. What exactly is this feeling that the contemporary international legal architecture is at a tipping point? What do these possible risks expose about the fragility and limits of our current conceptual and institutional order? What commitments drive our hopes and anxieties? Authors explore these questions across a wide range of possible tipping points and offer readers a unique snapshot of the lived experience of what it means to be an expert engaged right now in international law and governance. Each chapter covers both theory and practice in analysing a current problem.

Taboos have long been considered key examples of norms in global politics, with important strategic effects. Auchter focuses on how obscenity functions as a regulatory norm by focusing on dead body images. Obscenity matters precisely because it is applied inconsistently across multiple cases. Examining empirical cases including ISIS beheadings, the death of Muammar Qaddafi, Syrian torture victims, and the fake death images of Osama bin Laden, this book offers a rich theoretical explanation of the process by which the taboo surrounding dead body images is transgressed and upheld, through mechanisms including trigger warnings and media framings. This corpse politics sheds light on political communities and the structures in place that preserve them, including the taboos that regulate purported obscene images. Auchter questions the notion that the key debate at play in visual politics related to the dead body image is whether to display or not to display, and instead narrates various degrees of visibility, invisibility, and hyper-visibility.

Since classical antiquity debates about tyranny, tyrannicide and preventing tyranny's re-emergence have permeated governance discourse. Yet within the literature on the global legal order, tyranny is missing. This book creates a taxonomy of tyranny and poses the question: could the global legal order be tyrannical? This taxonomy examines the benefits attached to tyrannical governance for the tyrant, considers how illegitimacy and fear establish tyranny, asks how rule by law, silence and beneficence aid in governing a tyranny. It outlines the modalities of tyranny: scale, imperialism, gender, and bureaucracy. Where it is determined that a tyranny exists, the book examines the extent of the right and duty to effect tyrannicide. As the global legal order gathers ever more power to itself, it becomes imperative to ask whether tyranny lurks at the global scale.

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.

When and how do states intervene in elections in other countries? Foreign interveners may aim to further the process of clean elections, or they may support the campaign of a candidate they like. It could also be in their best interest to do both at the same time. Bubeck and Marinov systematically analyze various scenarios using a dataset covering more than three hundred elections in over a hundred countries. They show both theoretically and empirically that states with a liberal mission, such as the United States, combine promoting democracy with helping their political allies win office. Political divisions invite foreign interventions, and foreign interference, in turn, makes targeted societies more polarized along political lines. Whilst the authors argue that foreign interventions do not always harm democracy and may even help the cause of free elections, they also show how elections can turn into proxy wars, in which powerful states compete against each other, through their local allies.

While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

Climate change is increasingly recognised as a security issue. Yet this recognition belies contestation over what security means and whose security is viewed as threatened. Different accounts - here defined as discourses - of security range from those focused on national sovereignty to those emphasising the vulnerability of human populations. This book examines the ethical assumptions and implications of these 'climate security' discourses, ultimately making a case for moving beyond the protection of human institutions and collectives. Drawing on insights from political ecology, feminism and critical theory, Matt McDonald suggests the need to focus on the resilience of ecosystems themselves when approaching the climate-security relationship, orienting towards the most vulnerable across time, space and species. The book outlines the ethical assumptions and contours of ecological security before exploring how it might find purchase in contemporary political contexts. A shift in this direction could not be more urgent, given the current climate crisis.

It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

A seemingly never-ending stream of observers claims that the populist emphasis on nationalism, identity, and popular sovereignty undermines international collaboration and contributes to the crisis of the Liberal International Order (LIO). Why, then, do populist governments continue to engage in regional and international institutions? This Element unpacks the counter-intuitive inclination towards institutional cooperation in populist foreign policy and discusses its implications for the LIO. Straddling Western and non-Western contexts, it compares the regional cooperation strategies of populist leaders from three continents: Hungarian Prime Minister Viktor Orban, former Venezuelan President Hugo Chavez, and Philippine President Rodrigo Duterte. The study identifies an emerging populist 'script' of regional cooperation based on notions of popular sovereignty. By embedding regional cooperation in their political strategies, populist leaders are able to contest the LIO and established international organisations without having to revert to unilateral nationalism.

The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583-1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.

To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300-1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.

This collection critically discusses the increasing significance of Asian States in the field of international investment law and policy. Consisting of contributions authored by a leading team of scholars and practitioners of international investment law, this volume contains analyses of both national and multilateral investment law rule-making in Asia, including a critical discussion of certain States' approaches to balancing the different tension between investment protection and the preservation of States' regulatory sovereignty. It also contains thematic chapters on cutting-edge developments which are of relevance to Asia as well as the global community, such as investors' obligations of due diligence, additional transparency in treaty-based investment arbitration responses by ASEAN member States to transboundary haze pollution, and the relevance of human rights obligations in international investment law. It also contemplates future possibilities for investor-State dispute settlement, including the use of investor-State mediation in view of the Singapore Convention on Mediation.

This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.

Sovereignty is the subject of many debates in international relations. Is it the source of state authority or a description of it? What is its history? Is it strengthening or weakening? Is it changing, and how? This book addresses these questions, but focuses on one less frequently addressed: what makes state sovereignty possible? The Sovereignty Cartel argues that sovereignty is built on state collusion - states work together to privilege sovereignty in global politics, because they benefit from sovereignty's exclusivity. This book explores this collusive behavior in international law, international political economy, international security, and migration and citizenship. In all these areas, states accord rights to other states, regardless of relative power, relative wealth, or relative position. Sovereignty, as a (changing) set of property rights for which states collude, accounts for this behavior not as anomaly (as other theories would) but instead as fundamental to the sovereign states system.

Much emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.