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Showing 1 - 14 of 14 matches in All Departments
Critically assesses the impact of Richard A. Falk's scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Will be a useful book for scholars and students of international law, global governance, political theory and international relations theory, and for those studying human security, international organizations and transnational activism.
Critically assesses the impact of Richard A. Falk's scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Will be a useful book for scholars and students of international law, global governance, political theory and international relations theory, and for those studying human security, international organizations and transnational activism.
This book examines the political and legal challenges of regional governance of the 28 countries of the European Union and the 48 in the Council of Europe. The contributions, dilemmas, and moral hazards from this record of nearly seven decades of regional inter-governmental institutions has kept the peace, but produced episodes of crisis from overstretching jurisdictions, thematically and geographically. Polarization between nationalist and integrative forces has displaced the idealistic aspirations of prior decades to build the rule of law and deter violence. Academics and policy makers will learn from the various legal and political efforts to integrate supranational and inter-governmental agencies with national political systems.
Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge's decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.
This book examines the political and legal challenges of regional governance of the 28 countries of the European Union and the 48 in the Council of Europe. The contributions, dilemmas, and moral hazards from this record of nearly seven decades of regional inter-governmental institutions has kept the peace, but produced episodes of crisis from overstretching jurisdictions, thematically and geographically. Polarization between nationalist and integrative forces has displaced the idealistic aspirations of prior decades to build the rule of law and deter violence. Academics and policy makers will learn from the various legal and political efforts to integrate supranational and inter-governmental agencies with national political systems.
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC's complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC's complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
Non-governmental organizations (NGOs) have emerged as crucial actors in peacebuilding processes in post-conflict zones, contributing to the liberal state building project. NGOs, like any other organizations, have certain strengths and weaknesses, and face tradeoffs and contradictions in peacebuilding. Given increasing NGO experience in peacemaking and peacebuilding, this volume examines their relatively positive record, as well as the constraints, limitations, and sometimes contradictory impact of their activities and interventions.
Those who study Romania must confront the theoretical challenges posed by a country that is undergoing a profound transformation from a repressive totalitarianism regime to a hazy and as yet unrealized democratic government. The most comprehensive survey of Romanian politics and society ever published abroad, this volume represents an effort to collect and analyze data on the complex problems of Romania's past and its transition into an uncertain future. Henry F. Carey has brought together the world's leading scholars on Romania to discuss key aspects of the country's sites of conflict in a groundbreaking work that includes six resident Romanian authors who rarely publish in the global academic press. Romania since 1989 is must for anyone seeking either a basic understanding or a sophisticated analysis of contemporary Romania. The book is also an invaluable resource for those who study the economies and governments of other countries in transition, as it presents an ideal case study with lessons that can be applied elsewhere.
This title examines the roles and new opportunities arising from
the increasing participation of non-governmental organizations
(NGOs) in peace-making, peacekeeping and peace-building processes,
both formal and informal, state-sponsored and unofficial. Drawing
on both academic experts and activists, this study brings together
contributions from those who have observed how NGOs have sought to
reflect civil society concerns, provide humanitarian relief,
monitor compliance with international norms and treaty
requirements, and disseminate information of concern to advocacy
networks.
This title examines the roles and new opportunities arising from
the increasing participation of non-governmental organizations
(NGOs) in peace-making, peacekeeping and peace-building processes,
both formal and informal, state-sponsored and unofficial. Drawing
on both academic experts and activists, this study brings together
contributions from those who have observed how NGOs have sought to
reflect civil society concerns, provide humanitarian relief,
monitor compliance with international norms and treaty
requirements, and disseminate information of concern to advocacy
networks.
Peacebuilding Paradigms focuses on how seven paradigms from the Comparative Politics, International Relations, and Policy Analysis subfields - Realism, Liberalism, Constructivism, Cosmopolitanism, Critical Theories, Locality, and Policy - analyze peacebuilding. The contributors explore the arguments of each paradigm, and then compare and contrast them. This book suggests that a hybrid approach that incorporates useful insights from each of these paradigms best explains how and why peacebuilding projects and policies succeed in some cases, fail in others, and provide lessons learned. Rather than merely using a theoretical approach, the authors use case studies to demonstrate why a focus on just one paradigm alone as an explanatory model is insufficient. This collection directly at how peacebuilding theory affects peacebuilding policies, and provides recommendations for best practices for future peacebuilding missions.
Peacebuilding Paradigms focuses on how seven paradigms from the Comparative Politics, International Relations, and Policy Analysis subfields - Realism, Liberalism, Constructivism, Cosmopolitanism, Critical Theories, Locality, and Policy - analyze peacebuilding. The contributors explore the arguments of each paradigm, and then compare and contrast them. This book suggests that a hybrid approach that incorporates useful insights from each of these paradigms best explains how and why peacebuilding projects and policies succeed in some cases, fail in others, and provide lessons learned. Rather than merely using a theoretical approach, the authors use case studies to demonstrate why a focus on just one paradigm alone as an explanatory model is insufficient. This collection directly at how peacebuilding theory affects peacebuilding policies, and provides recommendations for best practices for future peacebuilding missions.
Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge's decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.
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