Your cart is empty
What does it mean to be resilient in a societal or in an international context? Where does resilience come from? From which discipline was it 'imported' into international relations (IR)? If a particular government employs the meaning of resilience to its own benefit, should scholars reject the analytical purchase of the concept of resilience as a whole? Does a government have the monopoly of understanding how resilience is defined and applied? This book addresses these questions. Even though resilience in global politics is not new, a major shift is currently happening in how we understand and apply resilience in world politics. Resilience is indeed increasingly theorised, rather than simply employed as a noun; it has left the realm of vocabulary and entered the terrain of concept. This book demonstrates the multiple origins of resilience, traces the diverse expressions of resilience in IR to various historical markers, and propose a theory of resilience in world politics.
This carefully edited text collects the major documents on International Criminal Law, through the early practice after the First World War, the Nuremberg and Tokyo International Military Tribunals up to the present. It includes the statutes of the ad hoc Tribunals for the former Yugoslavia and Rwanda, as well as the Rome Statute of the International Criminal Court and its associated documents, including the elements of crimes that were adopted to assist the Court, and its Rules of Procedure and Evidence. The book also includes the main treaty provisions that provide the basis of the subject. Edited by a specialist in the field with more than twenty years' experience of teaching international criminal law, this book is designed for practical use by students and practitioners. For students it is ideal as a companion for both study and examination.
The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book should be read by anyone concerned with free speech and its place in democratic self-government.
The Yearbook on Space Policy, edited by the European Space Policy Institute (ESPI), is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The first part of the Yearbook sets out a comprehensive overview of the economic, political, technological and institutional trends that have affected space activities. The second part of the Yearbook offers a more analytical perspective on the yearly ESPI theme and consists of external contributions written by professionals with diverse backgrounds and areas of expertise. The third part of the Yearbook carries forward the character of the Yearbook as an archive of space activities. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.
Socio-centric societies have vibrant - albeit different - concepts of human flourishing than is typical in the individualistic West. These concepts influence the promotion of human rights, both in domestic contexts with religious minorities and in international contexts where Western ideals may clash with local norms. Human Rights in Thick and Thin Societies uncovers the original intentions of the drafters of the Universal Declaration of Human Rights, finds inspiration from early leaders in the field like Eleanor Roosevelt, and examines the implications of recent advances in cultural psychology for understanding difference. The case studies included illustrate the need to vary the application of human rights in differing cultural environments, and the book suggests a new framework: a flexible universalism that returns to basics - focusing on the great evils of the human condition. This approach will help the human rights movement succeed in a multipolar era.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 172 is devoted to the 2014 judgment of International Court of Justice in Maritime Dispute (Peru v. Chile), the judgment of South African Constitutional Court in National Commissioner of the South African Police Service v. Southern Africa Human Rights Litigation Centre and the 2016 judgment of the English High Court in R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs.
The European Union is rarely out of the news and, as it deals with the consequences of the Brexit vote and struggles to emerge from the eurozone crisis, it faces difficult questions about its future. In this debate, the law has a central role to play, whether the issue be the governance of the eurozone, the internal market, 'clawing back powers from Europe' or reducing so-called 'Brussels red tape'. In this Very Short Introduction Anthony Arnull looks at the laws and legal system of the European Union, including EU courts, and discusses the range of issues that the European Union has been given the power to regulate, such as the free movement of goods and people. He considers why an organisation based on international treaties has proved capable of having far-reaching effects on both its Member States and on countries that lie beyond its borders, and discusses how its law and legal system have proved remarkably effective in ensuring that Member States respect the commitments they made when they signed the Treaties. Answering some of the key questions surrounding EU law, such as what exactly it is about, and how it has become part of the legal DNA of its Member States so much more effectively than other treaty-based regimes, Arnull considers the future for the European Union. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Preparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 170 is devoted to South China Sea Arbitration (Republic of the Philippines versus People's Republic of China) and includes the Award on Jurisdiction and Admissibility of 29 October 2015 together with the Final Award of 12 July 2016.
Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles, processes, and landmark cases. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. The book has been updated in light of the continuing revolution in communication technology, the dense web of linkages between countries that involve individuals and bodies both formal and informal; and covers important and controversial areas such as human rights, the environment, and issues associated with the use of force. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. New to the Eleventh Edition Added or expanded coverage of timely issues in international law: Drones and their use in the air and in space Immigration Islamic views of international law Inviolability and the difference between diplomatic immunity and sovereignty, in light of the Benghazi attack Thoroughly rewritten chapters in areas of great change: International criminal law Just war and war crime law New cases, statutes, and treaties on many subjects
The law relating to anti-doping changes rapidly. The World Anti-Doping Code was first adopted in 2003 to provide a common set of anti-doping rules applicable across all sport worldwide. The Code has evolved and changed significantly through two major processes of review. This third edition provides essential guidance and commentary on the 2015 Code which replaces the 2009 Code. The 2015 Code contains many significant changes in the core Articles of the Code, particularly in the regime on sanctions for anti-doping rule violations, and in the amended International Standards. The text outlines how the current law has developed from anti-doping rules and principles in operation before the Code and explains the central role of the Court of Arbitration for Sport in this development and in applying the current Code. This third edition will be an important single resource for any reader working or studying in the field.
Using case studies ranging from cross-border bank resolution to sovereign debt, the author analyzes the role of international law in protecting financial sovereignty, and the risks for the global financial system posed by the lack of international cooperation. Despite the post-crisis reforms, the global financial system is still mainly based on a logic of financial nationalism. International financial law plays a major role in this regard as it still focuses more on the protection of national interests rather than the promotion of global objectives. This is an inefficient approach because it encourages bad domestic governance and reduces capital mobility. In this analysis, Lupo-Pasini discusses some of the alternatives (such as the European Banking Union, Regulatory Passports, and international financial courts), and offers a new vision for the role of international law in maintaining and fostering global financial stability. In doing so, he fills a void in the law and economics literature, and puts forward a solution to tackle the problems of international cooperation in finance based on the use of international law.
This ambitious book provides a new framework for analysing global international society (GIS). In doing so, it also links the English School's approach more closely to classical sociology, constructivism, liberal institutionalism, realism and postcolonialism. It retells the expansion of international society story to explain why the differences among states are as important as their similarities in understanding the structure and dynamics of contemporary GIS. Drawing on differentiation theory, it sets out four ideal-type models for international society. These cover the 'like units' of the classical English School, as well as differentiation by geography, hierarchy/privilege, and function. These models offer a systematic way to integrate international and world society, and to understand the relationship between the deep structure of primary institutions, and the vast array of intergovernmental and international non-governmental organisations. In this pioneering book, Buzan and Schouenborg present the reader with the first systematic attempt to define criteria for assessing whether international society is becoming stronger or weaker.
Global performance indicators (GPIs), such as ratings and rankings, permeate nearly every type of human activity, internationally and nationally, across public and private spheres. While some indicators aim to attract media readership or brand the creator's organization, others increasingly seek to influence political practices and policies. The Power of Global Performance Indicators goes beyond the basic questions of methodological validity explored by others to launch a fresh debate about power in the modern age, exploring the ultimate questions concerning real-world consequences of GPIs, both intended and unintended. From business regulation to terrorism, education to foreign aid, Kelley and Simmons demonstrate how GPIs provoke bureaucracies, shape policy agendas, and influence outputs through their influence of third parties such as donors and market actors and, potentially, even broader global authority structures.
This is the authoritative introduction to the International Criminal Court, fully updated in this sixth edition. The book covers the legal framework of the Court, the cases that it has heard and that are still to come, and the political debates surrounding its operation. It is written by one of the major authorities on the subject, in language accessible to non-specialists. The sixth edition brings legal references fully up to date in light of the Court's case law. Several trials have now been completed, with four convictions and a number of controversial acquittals. The book also discusses the situations that the Court is currently investigating, including Palestine, Georgia, Ukraine, Venezuela and the UK in Iraq. It also looks into the crisis with African states and the hostility of the United States to the institution.
As international organizations become ever more prominent in global politics it is increasingly urgent to understand their power, their limits, and their effects. Now in its fourth edition, this leading textbook provides the definitive introduction to modern international organizations, from the legal charters of their beginnings, to the issues they engage with in the contemporary world. In his analysis of the United Nations, the World Trade Organization, the International Criminal Court and ten other prominent global institutions, Hurd combines legal, empirical, and theoretical approaches in an accessible and cohesive package. Fully revised and updated, this latest edition includes topical cases and controversies involving international organizations, such as Brexit, trade wars, environmentalism, forced migration and border disputes. It will be of interest to undergraduate and graduate students taking courses in international organizations, international institutions, global governance, and international law.
Measuring Justice explores the ways in which South African court and managerial prosecutors deal with the quantification of social phenomena - such as justice, professional work or accountability - and address the radical simplifications of their inherent complexities, misrepresentations and editing as a consequence. While various studies show the concern of professionals about the damaging effects these quantitative forms of accountability have on the creativity, freedom and collaborative nature of expert systems, Mugler shows that the reactions and attitudes of these legal professionals differ substantially. Through careful scrutiny of the everyday work of prosecutors and how they reflect on the relationship between accountability, quantification and law, this book argues that actors who work daily with quantitative accountability measures develop a numerical reflexivity about the process.
International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.
This book investigates how various scientific communities - e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists - study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
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.
For forty years, successive editions of Ethical Theory and Business have helped to define the field of business ethics. The 10th edition reflects the current, multidisciplinary nature of the field by explicitly embracing a variety of perspectives on business ethics, including philosophy, management, and legal studies. Chapters integrate theoretical readings, case studies, and summaries of key legal cases to guide students to a rich understanding of business ethics, corporate responsibility, and sustainability. The 10th edition has been entirely updated, ensuring that students are exposed to key ethical questions in the current business environment. New chapters cover the ethics of IT, ethical markets, and ethical management and leadership. Coverage includes climate change, sustainability, international business ethics, sexual harassment, diversity, and LGBTQ discrimination. New case studies draw students directly into recent business ethics controversies, such as sexual harassment at Fox News, consumer fraud at Wells Fargo, and business practices at Uber.
Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.
In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
You may like...
Our Democratic First Amendment
Ashutosh Bhagwat Paperback R663 Discovery Miles 6 630
Labour Internationalism in the Global…
Robert O'Brien Hardcover
Rules of Procedure at the UN and at…
Robbie Sabel Hardcover
International tax law - Offshore tax…
A. Oguttu Paperback
International Organizations - Politics…
Ian Hurd Paperback R875 Discovery Miles 8 750
Ethical Theory and Business
Denis G. Arnold, Tom L. Beauchamp, … Paperback R1,398 Discovery Miles 13 980
Regulatory Integration Across Borders…
Rebecca Schmidt Hardcover
Law and Leviathan - Redeeming the…
Cass R. Sunstein, Adrian Vermeule Hardcover
International Law Reports: Volume 179
Christopher Greenwood, Karen Lee Hardcover R4,441 Discovery Miles 44 410
The Institute of International Law's…
Marcelo G. Kohen, Patrick Dumberry Paperback R675 Discovery Miles 6 750