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Books > Social sciences > Politics & government > International relations > International institutions > General
International Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct 'domestic jurisdiction' of states, as well as on traditional conceptions of the basic sources of international law. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties 'better'. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of 'soft' and 'hard' global law, including the potential for forms of hegemonic international law.
Values and Weapons looks at the determinants of legitimacy for using military force in the US and Europe. Sovereignty has been redefined to be conditional on democratic government, and this makes it much easier to intervene into non-democratic states.
The book presents a novel theory of how networks of organizations work, what varieties are possible and how their strengths and weaknesses differ. The argument is illustrated using four case studies in which networks of firms and organizations in defence contracting, biotechnology, health care and combating crime and disorder are examined. The book will be of major interest to scholars and students of business and management, public management, public policy, organizational sociology and to practising managers.
The essays in this collection seek to reflect on global governance and to provide a better critical understanding of the various practices that fall under its rubric. The first part challenges the concept of global governance, the second part focuses on organizational and institutional aspects, and the last part examines the rule systems implemented by global governance practices. The vocabulary of (global) governance has become a serious contender to imagine world order in the post cold war world. Using different strategies of critique, the contributors argue that global governance denotes a political vocabulary where acts of definition themselves are political moves.
This is the first book to examine in-depth the EU's relationship with the UN and to analyze critically the EU's contribution to 'effective multilateralism'. The contributors show that the EU most often fails to make the UN as effective as it should be in addressing global challenges.
Informed by critical theory, the essays in this collection examine the complex dynamics of globalization, the challenges that confront democracy, justice and rights under globalization, and new approaches that seek to contest the excesses of globalization and promote the struggle for global justice. They form a challenging and timely volume that will be essential reading for anyone interested in the normative dimensions of globalization.
This book provides an overview of what has happened to NATO from the closing stages of the Cold War to the new era of international terrorism. However, it is more than that. It also argues that NATO has travelled a course that contradicts the prevailing image of an organization in decline and crisis. NATO must be crafted by its members to fit the security environment in which it operates. Rynning argues that the allies did this poorly in the mid-90s but have succeeded better in the past few years. NATO has persisted into this new era because it has overcome a crisis of identity in the 90s and is on track to establish a viable model for flexible transatlantic security cooperation.
Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Both fields of law protect certain freedoms: economic development should lead to higher human rights standards, and UN embargoes are used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex, and recently, tension has arisen between these two areas. Do WTO obligations covering intellectual property prevent governments from implementing their human rights obligations, including rights to food or health? Is it fair to accord the benefits of trade subject to a clean human rights record? This book first examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. It builds upon the well-known debate between Professor Ernst-Ulrich Petersmann, who construes trade obligations as human rights, and Professor Philip Alston, who warns of a merger and acquisition of human rights by trade law. From this starting point, further chapters explore the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions,in dispute settlement. The interaction between trade and human rights is then explored through seven case studies:freedom of expression and competition law; IP protection and health; agricultural trade and the right to food; trade restrictions on conflict WHO convention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.
In conflict-affected regions, delays in international response can have life or death consequences. The speed with which international organizations react to crises affects the prospects for communities to re-establish peace. Why then do some international organizations take longer than others to answer calls for intervention? To answer this question and explore options for reform, Time to React builds on contemporary scholarship with original data on response rates and interview evidence from 50 ambassadors across four leading organizations (AU, EU, OAS and OSCE). The explanation for variation in speed ultimately lies in core differences in institutional cultures across organizations. Although wealth and capabilities can strengthen a peace operation, it is the unspoken rules and social networks of peace and security committees at these organizations that dictate the pace with which an operation is established. This book offers a first analysis of the critical importance of and conditions shaping timeliness of crisis response by international organizations.
This open access handbook analyses the role of development cooperation in achieving the 2030 Agenda in a global context of 'contested cooperation'. Development actors, including governments providing aid or South-South Cooperation, developing countries, and non-governmental actors (civil society, philanthropy, and businesses) constantly challenge underlying narratives and norms of development. The book explores how reconciling these differences fosters achievement of the Sustainable Development Goals.
This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.
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 196 is devoted to Ukraine v. Russian Federation, Micula and Others v. Romania, Kingdom of Spain v. Infrastructure Services Luxembourg S.a.r.l, R (Friends of the Earth Ltd and others) v. Heathrow Airport Ltd, Micula and Others v. Government of Romania.
Using the analogy of a devastating series of earthquakes, Davutoglu provides a new theoretical approach, conceptualization, and methodology for understanding crisis in the post-Cold War era. In order to grasp the scale and scope of the ongoing crises we are experiencing today, Davutoglu conceptualizes them as 'aftershocks', following in the wake of the four great 'quakes' that have shaken the world in recent times - namely, the geopolitical earthquake triggered by dissolution of the Soviet Union, 1991; the security earthquake, post- 9/11, 2001; the economic earthquake associated with the global economic crisis, 2008; and the structural earthquake of the Arab Spring, 2011. By contextualizing international order as being impacted by a number of intertwined processes, the book then looks to the possible futures ahead. Following his analysis of the ongoing systemic crisis, Davutoglu forges a vision for a new order of global democracy, built from the rubble of the systemic earthquake.
Can transnational corporations ignore human rights as long as
governments don't hold them accountable? If the UN is put in charge
of a territory, is it bound by human rights law? Under traditional
approaches to human rights, non-state actors cannot be parties to
the relevant treaties and so they are only bound to the extent that
obligations accepted by States can be applied to them by
governments. This situation threatens to make a mockery of much of
the international system of accountability for human rights
violations. The contributors to this volume examine the different
approaches that might be taken in order to ensure some degree of
accountability. Making space in the legal regime to take account of
the role of non-State actors is one of the biggest and most
critical challenges facing international law today.
This new edition of the established reference work provides, in the form of a dictionary, a comprehensive and balanced guide to intergovernmental institutions serving political, military, economic, social and cultural purposes. Entries have been thoroughly revised to reflect the changes that have taken place on the world stage since 11 September 2001 and new entries dealing with intergovernmental bodies as well as non-governmental organizations in the trade, parliamentary and human rights fields have been added.
The events of September 11 2001 have altered the course of arms control intended to eliminate weapons of mass destruction (WMD) and has made the role of international organizations controversial. Whether they can effectively verify compliance with the WMD treaty regime has now been questioned by the United States. In responding to this basic question, Eliminating Weapons of Mass Destruction examines how existing organizations apply the main verification tools, how they can improve and consolidate them where possible in order to meet the new security challenges more effectively.
This volume critically examines the promise of a global civil society. Exploring issues in cases of diverse social justice movements, the contributors show that a global civil society is still far from emerging and its promotion may even harm the realization of grassroots democracy. The Internet is an exciting new means for activists to communicate internationally, and citizens' movements increasingly co-ordinate campaigns through transnational advocacy networks, but most effective civic action still takes place at national and local levels.
During the 1990s the United Nations was called upon to conduct unprecedented peacekeeping and humanitarian operations in order to bring peace to war-torn states. Essential to the resolution of these conflicts was deemed to be the disarmament of the former warring parties. United Nations Disarmament Processes in Intra-State Conflict therefore seeks to identify the most important lessons taught by the UN's experiences in disarmament and constructs an original analytical framework to explain the variation in the UN's success. On this basis Stephen M. Hill proffers recommendations for the UN's present and future disarmament operations.
We are all aware of the extreme hunger and poverty that afflict the world's poor. We hear the facts, see the images on television, buy the T-shirt and are moved as individuals and governments to dig deep into our pockets. Yet what happens to all this aid? Why after 50 years and $2.3 trillion are there still children dying for lack of twelve cents medicine? Why are there so many people still living on less than $1 a day without clean water, food, sanitation, shelter, education or medicine? In The White Man's Burden William Easterly, acclaimed author and former economist at the World Bank, addresses these twin tragedies head on. While recognising the energy and compassion behind the campaign to make poverty history he argues urgently and powerfully that grand plans and good intentions are a part of the problem not the solution. Giving aid is not enough, we must ensure that it reaches the people who need it most and the only way to make this happens is through accountability and by learning from past experiences. Without claiming to have all the answers, William Easterly chastises the complacent and patronising attitude of the West that attempts to impose solutions from above. In this book, which is by turns angry, moving, irreverent but always rigorous, he calls on each and everyone of us to take responsibility, whether donors, aid workers or ordinary citizens, so that more aid reaches the people it is supposed to help, the mother who cannot feed her children, the little girl who has to collect firewood rather than go to school, the father who cannot work because he has been crippled by war.
Marie-Claude Smouts looks at the issue of rain forest depletion and global environmental policies. Beginning with how the issue entered the world stage in the 1980s despite alarms over the issue in the 1950s, Tropical Forests, International Jungle explores the complexities of what are tropical forests, what role they play not only in environmentalism but in trade, health care, and almost every facet of natural and social life for those living there and beyond. Although for most in the developed world tropical forests have gained a status of part of our world heritage, these forests are not really part of the global commons or a global public good. Developing nations maintain control over the forests within their borders and often use the forests as they see fit. The international system for mediating the issue is a fractured group of non-governmental organizations and transnational networks, often with competing views of how to manage tropical forests. Despite this seemingly grim picture, Smouts is optimistic. A changing world view toward forest depletion is influencing countries both North and South. Although forests will be used commercially, it is a dynamic process that should maintain them far into the future.
Since the revolutions of 1989-1990, most Central and Eastern European states have been striving to adhere to Euro-Atlantic institutions; and when NATO developed its own 'criteria' for membership, democratic control of the military was considered an essential precondition. Based on firsthand participatory and observational insight, Hungary and NATO: Problems in Civil-Military Relations closely follows Hungary's early work to secure an invitation to join the Alliance in July 1997, preparations for accession in March 1999, and its first four years as a NATO ally. While charting the successes, shortcomings, and continuing challenges faced in its quest to become a full NATO member, Jeffrey Simon presents a comprehensive and original study of civil-military relations in Hungary and simultaneously provides a conceptual framework of civil-military relations that draws upon the lessons of post-communist transition in the entire Central and East European region.
In 1997, the World Bank announced a strategy to help its borrowers combat corruption, despite earlier claims that work of this kin violated the Bank's non-political mandate. Despite many attempts to reshape corruption as an economic issue rather than a political one, the non-political mandate has never been satisfactorily addressed. Heather Marquette argues that the Bank should focus in its strengths and avoid the more controversial components of its anti-corruption programme, which threaten its credibility.
This collection examines change within the major regional organisations of the Asia Pacific: The Asian Development Bank (ADB), the Association of Southeast Asian Nations (ASEAN), Asia Pacific Economic Cooperation (APEC) and the ASEAN Regional Forum (ARF). It has two simultaneous foci: the nature of institutional change in regional organisations, and the process of regionalism in the Asia Pacific. It combines the views of both officials and practitioners, providing new insights into both its major questions.
This book focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980. The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility.
Modern warfare is almost always multilateral to one degree or another, requiring countries to cooperate as allies or coalition partners. Yet as the war in Afghanistan has made abundantly clear, multilateral cooperation is neither straightforward nor guaranteed. Countries differ significantly in what they are willing to do and how and where they are willing to do it. Some refuse to participate in dangerous or offensive missions. Others change tactical objectives with each new commander. Some countries defer to their commanders while others hold them to strict account. NATO in Afghanistan explores how government structures and party politics in NATO countries shape how battles are waged in the field. Drawing on more than 250 interviews with senior officials from around the world, David Auerswald and Stephen Saideman find that domestic constraints in presidential and single-party parliamentary systems--in countries such as the United States and Britain respectively--differ from those in countries with coalition governments, such as Germany and the Netherlands. As a result, different countries craft different guidelines for their forces overseas, most notably in the form of military caveats, the often-controversial limits placed on deployed troops. Providing critical insights into the realities of alliance and coalition warfare, NATO in Afghanistan also looks at non-NATO partners such as Australia, and assesses NATO's performance in the 2011 Libyan campaign to show how these domestic political dynamics are by no means unique to Afghanistan. |
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