This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insights into the evolving world order. Through a sustained examination of current events, as well as an acknowledgement of the significance of early constitutional history, this erudite Handbook brings together contributions from world-leading academics. New chapters offer timely commentaries on important developments in methodology such as postcolonial and feminist approaches. By providing additional scope for analysis, this updated edition further emphasises the central message of the first: that the global order cannot be understood without a clear comprehension of constitutional theory. The Handbook on Global Constitutionalism will act as an essential resource for scholars and academics of law, politics and human rights. Due to its comprehensive examination of vital concepts such as legal theory, it will additionally be beneficial for practitioners and policy makers.

This book examines the international political order in the post-Cold War era, arguing that this order has become progressively more punitive. This is seen as resulting from both a human-rights regime that emphasizes legal norms and the aggressive policies of the United States and its allies in the War on Terror .

While punishment can play a key role in creating justice in a political system, serious flaws in the current global order militate against punishment-enforcing global norms. The book argues for the necessary presence of three key concepts - justice, authority and agency - if punishment is to function effectively, and explores four practices in the current international system: intervention, sanctions, counter- terrorism policy, and war crimes tribunals. It concludes by suggesting ways to revise the current global political structure in order to enable punitive practices to play a more central role in creating a just world order.

This book will be of much interest to students of International Law, Political Science and International Relations.

This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics.

This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.

This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.

The just war tradition is central to the practice of international relations, in questions of war, peace, and the conduct of war in the contemporary world, but surprisingly few scholars have questioned the authority of the tradition as a source of moral guidance for modern statecraft. Just War: Authority, Tradition, and Practice brings together many of the most important contemporary writers on just war to consider questions of authority surrounding the just war tradition. Authority is critical in two key senses. First, it is central to framing the ethical debate about the justice or injustice of war, raising questions about the universality of just war and the tradition's relationship to religion, law, and democracy. Second, who has the legitimate authority to make just-war claims and declare and prosecute war? Such authority has traditionally been located in the sovereign state, but non-state and supra-state claims to legitimate authority have become increasingly important over the last twenty years as the just war tradition has been used to think about multilateral military operations, terrorism, guerrilla warfare, and sub-state violence. The chapters in this collection, organized around these two dimensions, offer a compelling reassessment of the authority issue's centrality in how we can, do, and ought to think about war in contemporary global politics.

This Handbook introduces scholars and students to the history, philosophy and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy and history, drawing on diverse frameworks and empirical data sets to explore the idea of a global constitutional order. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. In bringing together some of the leading contemporary scholars, this Handbook will define this field of inquiry for the next generation. This is the first Handbook in the emerging interdisciplinary field of global constitutionalism and offers contributions from experts in both law and political science. Through historical, legal, political and ethical analyses it provides unique coverage of distinct perspectives on global constitutionalism. The editors and their authors provide insights into the changing world order by emphasizing the constitutional-like qualities of international affairs, with particular attention paid to law, power and human rights. This unique and innovative Handbook will be the definitive state-of-the-art resource for the pioneers of global constitutionalism, as well as those readers interested in international law, international relations theory, comparative constitutionalism, history, public philosophy, political sociology and political theory alike. Contributors include: G.W. Anderson, A. Arato, S. Besson, A. Birdsall, G.W. Brown, J. Brunnee, B. Cali, E. Carolan, J. d'Aspremont, M.W. Doyle, J.L. Dunoff, B. Fassbender, I. Ferguson, J. Harries, T.O. Hueglin, O. Jutersonke, J. Klabbers, M. Kumm, A.F. Lang, Jr., S. Mancini, P. Niesen, F. Oakley, A. Peters, M.J. Peterson, M. Rosenfeld, W.E. Scheuerman, C. Schwoebel-Patel, J. Shaw, C. Thornhill, S.J. Toope, J.P. Trachtman, M.J. van Ittersum, N. Walker, A. Wiener, J. Wilkens

This book assesses the impact of the work of Chris Brown in the field of International Political Theory. The volume engages with general issues of IPT as well as basic issues such as the use and role of practical reasoning and presents a nuanced understanding about issues regarding the legitimacy of war and violence. It explores questions that pertain to human rights, morality, and ethics, and generally an outlook for devising a 'better' world. The project is ideal for audiences with interest in International Relations, Ethics and Morality Studies and International Political Theory.

This book assesses the impact of the work of Chris Brown in the field of International Political Theory. The volume engages with general issues of IPT as well as basic issues such as the use and role of practical reasoning and presents a nuanced understanding about issues regarding the legitimacy of war and violence. It explores questions that pertain to human rights, morality, and ethics, and generally an outlook for devising a 'better' world. The project is ideal for audiences with interest in International Relations, Ethics and Morality Studies and International Political Theory.

This innovative text explores international relations with the tools of political theory. In so doing, it contributes to and advances the idea of international political theory. The book focuses on four key concepts - authority, rules, rights, and responsibilities - and four important topics - wealth, violence, nature and belief. In each of these areas, the book draws on key figures in political theory to explore, explain and evaluate the current global order. Chapters address such contested issues as humanitarian intervention, LGBT rights, climate change, and our collective responsibilities for alleviating global poverty. The book invites students into a conversation about international political theory, one that will help orient them in an increasingly complicated and pluralist international order.

This volume argues that a wide range of policies in the international system today - economic sanctions, military intervention, and counter terrorism policy - are part of a 'punitive ethos' that has arisen since the end of the Cold War. While that ethos is linked to the protection of human rights and the promotion of international liberalism, it violates standards of justice that it should otherwise be protecting.

The book is premised on the assumption that while punishment in principle is justifiable, the ways it is being meted out in the current international order are not just. It draws on cases in which members of the international system seek to protect human rights and uphold international law by imposing punishments on those who violate the shared international norms. But while these punitive practices are designed to create a just international order, they tend to be unjust in practice. For Anthony Lang, these unjust punishments result from conceptual confusions about agency, responsibility, legitimacy, and authority. He thus identifies a dilemma in the current international system: attempts to promote human rights and international law through punishment are creating an unjust global order.

Punishment, Justice and International Relations will be of much interest to students of international ethics, security and international relations in general.

What obligations do nations have to protect citizens of other nations? As responsibility to our fellow human beings and to the stability of civilization over many years has ripened fully into a concept of a "just war," it follows naturally that the time has come to fill in the outlines of the realities and boundaries of what constitutes "just" humanitarian intervention.

Even before the world changed radically on September 11, policymakers, scholars, and activists were engaging in debates on this nettlesome issue -- following that date, sovereignty, human rights, and intervention took on fine new distinctions, and questions arose: Should sovereignty prevent outside agents from interfering in the affairs of a state? What moral weight should we give to sovereignty and national borders? Do humanitarian "emergencies" justify the use of military force? Can the military be used for actions other than waging war? Can "national interest" justify intervention? Should we kill in order to save?

These are profound and troubling questions, and questions that the distinguished contributors of " Just Intervention "probe in all their complicated dimensions. Sohail Hashmi analyzes how Islamic tradition and Islamic states understand humanitarian intervention; Thomas Weiss strongly advocates the use of military force for humanitarian purposes in Yugoslavia; Martin Cook, Richard Caplan, and Julie Mertus query the use of force in Kosovo; Michael Barnett, drawing on his experience in the United Nations while it debated how best to respond to Rwandan genocide, discusses how international organizations may become hamstrung in the ability to use force due to bureaucratic inertia; and Anthony Lang ably envelopes these -- and other complex issues -- with a deft hand and contextual insight.

Highlighting some of the most significant issues in regard to humanitarian intervention, "Just Intervention" braves the treacherous moral landscape that now faces an increasingly unstable world. These contributions will help us make our way.