This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on 'cosmopolitan building sites' or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.

South Africa is the most industrialized power in Africa. It was rated the continent's largest economy in 2016 and is the only African member of the G20. It is also the only strategic partner of the EU in Africa. Yet despite being so strategically and economically significant, there is little scholarship that focuses on South Africa as a regional hegemon. This book provides the first comprehensive assessment of South Africa's post-Apartheid foreign policy. Over its 23 chapters - -and with contributions from established Africa, Western, Asian and American scholars, as well as diplomats and analysts - the book examines the current pattern of the country's foreign relations in impressive detail. The geographic and thematic coverage is extensive, including chapters on: the domestic imperatives of South Africa's foreign policy; peace-making; defence and security; bilateral relations in Southern, Central, West, Eastern and North Africa; bilateral relations with the US, China, Britain, France and Japan; the country's key external multilateral relations with the UN; the BRICS economic grouping; the African, Caribbean and Pacific Group (ACP); as well as the EU and the World Trade Organization (WTO). An essential resource for researchers, the book will be relevant to the fields of area studies, foreign policy, history, international relations, international law, security studies, political economy and development studies.

This 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China's international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.

Rosenne's The World Court offers a contemporary and interactive take on the UN's main judicial organ. The International Court of Justice, which has remained largely unchanged since its creation in 1945, operates within a growing network of states and international bodies. The book analyzes the institution via the prism of its relationship with states - the Court's natural constituency - as well as UN organs, international and domestic courts, academia, and non-state actors. It offers topics for class discussions, moot court exercises, and model syllabi. Direct engagement with the writings of leading scholars in international law and international relations helps uncover the Court's political and legal role in a complex international order. The book's novel and multidisciplinary approach make it an essential resource for students, teachers, and scholars.

The study of foreign policy is usually concerned with the interaction of states, and thus with governance structures which emerged either with the so-called 'Westphalian system' or in the course of the 18th century: diplomacy and international law. As a result, examining foreign policy in earlier periods involves conceptual and terminological difficulties, which echo current debates on 'post-national' foreign policy actors like the European Union or global cities. This volume argues that a novel understanding of what constitutes foreign policy may offer a way out of this problem. It considers foreign policy as the outcome of processes that make some boundaries different from others, and set those that separate communities in an internal space apart from those that mark foreignness. The creation of such boundaries, which can be observed at all times, designates specific actors - which can be, but do not have to be, 'states' - as capable of engaging in foreign policy. As such boundaries are likely to be contested, they are unlikely to provide either a single or a simple distinction between 'insides' and 'outsides'. In this view, multiple layers of foreign-policy actors with different characteristics appear less as a modern development and more as a perennial aspect of foreign policy. In a broad perspective stretching from early Greek polities to present-day global cities, the volume offers a theoretical and empirical presentation of this concept by political scientists, jurists, and historians.

In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.

The history of rivers crossing the borders of rival countries, such as East and West Germany, China and Russia, the United States and its neighbors, has much to teach about international watercourse management. In the first book written in English about international watercourses on the Korean Peninsula, Yeonghwan Chang uses a study of foreign cases to propose a wide range of specific strategies and projects for efficient use of shared rivers on the Korean Peninsula. These strategies may also provide useful guidance for future cooperative projects between South Korea and North Korea.

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China's IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China's global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China's deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

Nepal is associated, in most people's imagination, with Everest (Sagarmatha to the Nepalese), vivid plants and picturesque villages and people. The truth, as always, is other. It is one of the poorest countries in the world, surrounded by big and powerful neighbours. It is immensely diverse, ranging from the great mountains to the north through the trans-Himalaya, a high barren plateau, through the deep valleys, which include the one which contains the ancient cities of Kathmandu, Patan and Bhaktapur, to the Terai which is an extension of Ganges plain. This atlas describes not only the complexity of the environment, but the people, the languages, the towns and industries, the agriculture, food and land management, the natural resources, the effects of tourism, sources of energy, transport and education policies. Originally published in 1991

This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.

Citizen Participation in Multi-level Democracies offers an overview of new forms of participatory democracy in federally and regionally organised multi-level states. Its four sections focus on the conceptual foundations of participation, the implementation and instruments of democracy, examples from federal and regional States, and the emergence of participation on the European level. There is today a growing disaffection amongst the citizens of many states towards the traditional models of representative democracy. This book highlights the various functional and structural problems with which contemporary democracies are confronted and which lie at the root of their peoples' discontent. Within multi-level systems in particular, the fragmentation of state authority generates feelings of powerlessness among citizens. In this context, citizens' participation can in many cases be a useful complement to the representative and direct forms of democracy.

In China's Public Diplomacy, author Ingrid d'Hooghe contributes to our understanding of what constitutes and shapes a country's public diplomacy, and what factors undermine or contribute to its success. China invests heavily in policies aimed at improving its image, guarding itself against international criticism and advancing its domestic and international agenda. This volume explores how the Chinese government seeks to develop a distinct Chinese approach to public diplomacy, one that suits the country's culture and authoritarian system. Based on in-depth case studies, it provides a thorough analysis of this approach, which is characterized by a long-term vision, a dominant role for the government, an inseparable and complementary domestic dimension, and a high level of interconnectedness with China's overall foreign policy and diplomacy.

In International Law and Transition to Peace in Colombia, Cesar Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, investment and financial integration in Asia, the Ma-Xi Summit in Singapore, the Taiwan-Philippines Fisheries Agreement, and the 70th Anniversary of the ROC's War of Resistance against Japan. Questions and comments can be directed to the editorial board of the Yearbook by email at [email protected]

There may exist a substantial gap between the proclaimed international identity of the EU on the one hand, and the prevailing realities in the global arena on the other. The European Union's Emerging International Identity investigates whether such a gap indeed exists, by exploring the Union's position and functioning within the framework of eight other international organizations.

From 1944 to 1946, as the world pivoted from the Second World War to an unsteady peace, Americans in more than two hundred cities and towns mobilized to chase an implausible dream. The newly-created United Nations needed a meeting place, a central place for global diplomacy-a Capital of the World. But what would it look like, and where would it be? Without invitation, civic boosters in every region of the United States leapt at the prospect of transforming their hometowns into the Capital of the World. The idea stirred in big cities-Chicago, San Francisco, St. Louis, New Orleans, Denver, and more. It fired imaginations in the Black Hills of South Dakota and in small towns from coast to coast. Meanwhile, within the United Nations the search for a headquarters site became a debacle that threatened to undermine the organization in its earliest days. At times it seemed the world's diplomats could agree on only one thing: under no circumstances did they want the United Nations to be based in New York. And for its part, New York worked mightily just to stay in the race it would eventually win. With a sweeping view of the United States' place in the world at the end of World War II, Capital of the World tells the dramatic, surprising, and at times comic story of hometown promoters in pursuit of an extraordinary prize and the diplomats who struggled with the balance of power at a pivotal moment in history.

Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law's main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book's treatment of what has been called the "Institutes" of public international law.

The activities of International Non-Governmental Organizations give rise to multifaceted questions of legality and legitimacy. The normative position of INGOs within the 'international community' has proved to be acutely controversial, demanding a fundamental reconsideration of the concepts of the nation-state and of international organizations of all kinds. There is manifestly a crying need for a comprehensive framework against which the capacity of international law to comprehend these complex issues can be measured. This book explores contemporary approaches towards INGOs, those based on criticism of the doctrine of international legal personality as well as those adopting a functional-constitutional perspective. It engages in a stimulating and thorough interdisciplinary evaluation of the theoretical and practical potential of these theories to generate solutions for the problems produced by the exercise of unregulated authority outside the state-system. The book investigates the main concepts put forward by international lawyers within 'postmodern' discourse, among them 'global civil society', 'globalization' and 'governance', and examines their consistency with existing institutional arrangements, and the century-old attempts to standardize the status of INGOs.

In a growing number of instances after the cold war, the United Nations and other international actors have sought to rebuild or establish new political institutions in states or territories recovering from violent conflict. From Afghanistan, Iraq, and the western Balkans to less prominent wars in Africa, Asia, the Caribbean, Central America, and the South Pacific, the international community's response involves extensive intrusions into the domestic affairs of sovereign states. Extending beyond the narrow mandates of traditional peacekeeping and humanitarian relief operations, these interventions aspire to reconstitute local power within a democratic framework. Democratic Peacebuilding examines the evolution of international peacebuilding during this tumultuous period, identifying the factors that limit the progress of international actors to institutionalize democratic authority and the rule of law in war-shattered societies.
Based on extensive field research, the book gives particular attention to Afghanistan's Bonn Agreement process (2001-2005) and Post-Bonn period (2006-2009), in which the country's multiple, competing forms of authority (e.g. religious leaders, tribal elders, militia commanders, and technocrats) challenged efforts to create "modern" forms of political authority rooted in democratic norms and the rule of law. Despite the significant risks involved, Democratic Peacebuilding argues that the institutionalization of democratic legal authority can create the conditions and framework necessary to mediate competing domestic interests and to address the root causes of a conflict peacefully. At the same time, one overlooked problem of international peacebuilding stems from the divergent conceptions, between international officials and the local population, of authority and its sources of legitimacy. By helping a conflict-affected society reconcile the inherent tensions between competing forms of authority and, over time, deepen democracy--rather than lower the metrics for progress and conditions for exit, international peacebuilders can contribute to improved conditions for governance and a reduction in intra-state political violence. This examination of the peacebuilding-democratization nexus in war-torn societies aims to generate new insights for scholars, policy-makers, and practitioners in both the study and practice of politics and international relations.

La Commission du droit international, apr s avoir longuement h sit, a inscrit l tat de n cessit dans sa codification de la responsabilit des tats en tant que circonstance excluant l illic it . L objet de cette tude est de d montrer qu il s agit d un m canisme beaucoup plus diffus et fondamental du droit international, intimement li ses caract ristiques propres. Il a comme fonction la limitation des obligations substantielles des tats lors de la survenance d un fait-condition la situation de n cessit afin d viter que l application du droit ne g n re un co t social excessif. Sa r alisation requiert toujours une pond ration des int r ts en conflit. Seulement lorsqu un co t social excessif ne peut tre vit, l tat de n cessit intervient dans le cadre des obligations secondaires de la responsabilit internationale, en tant que circonstance att nuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition a situation of necessity in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.

The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.

This Book attempts to deduce regulatory standards that can close the gaps between the Promises made and the Outcomes secured by the United Nations in relation to its use of force. It explores two broad questions in this regard: why the contemporary legal framework relevant to the regulation of force during Armed Conflict cannot close the gaps between the said Promises and Outcomes and how the 'Unified Use of Force Rule' formulated herein, achieves this. This is the first book to coherently analyse the moral as well as legal aspects relevant to UN use of force. UN peace operations are rapidly changing. Deployed peacekeepers are now required to use force in pursuance of numerous objectives such as self-defence, protecting civilians, and carrying out targeted offensive operations. As a result, questions about when, where, and how to use force have now become central to peacekeeping. While UN peace operations have managed to avoid catastrophes of the magnitude of Rwanda and Srebrenica for over two decades, crucial gaps still exist between what the UN promises on the use of force front, and what it achieves. Current conflict zones such as the Central African Republic, Eastern Congo, and Mali stand testament to this. This book searches for answers to these issues and identifies how an innovative mix of the relevant legal and moral rules can produce regulatory standards that can allow the UN to keep their promises. The discussion covers analytical ground that must be traversed 'behind the scenes' of UN deployment, well before the first troops set foot on a battlefield. The analysis ultimately produces a 'Unified Use of Force Rule', that can either be completely or partially used as a model set of Rules of Engagement by UN forces. This book will be immensely beneficial to law students, researchers, academics and practitioners in the fields of international relations, international law, peacekeeping, and human rights.