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Affectedness and Participation in International Institutions looks
at the growing involvement of affected persons in global politics,
such as young climate activists, indigenous movements, and persons
affected by HIV/AIDS. Since the early 2000s, international
organisations within various policy areas have increasingly
recognised and involved affected persons' organisations. This has
promised to address long-standing legitimacy and democracy deficits
of international policy making and norm setting. Yet, the powerful
do not easily cede the terrain: Some major states, classic NGOs,
and intergovernmental organisations seek to curtail the influence
of the newcomers. The authors within this collection study these
contestations from an interdisciplinary political science and
international law perspective. Based on evidence from a broad range
of policy areas, we address some of the crucial questions: What
does it mean to be affected? How can affected groups meaningfully
participate in international negotiations? Whose voices do still
remain excluded? Ultimately, the authors chart whether the rising
involvement of the 'most affected' will re-shape global politics
and social struggles on the ground. Taking a dual political science
and international law perspective, Affectedness and Participation
in International Institutions will be of great interest to scholars
of civil society in global governance, international law, and
international institutions. This book was originally published as a
special issue of Third World Thematics.
Affectedness and Participation in International Institutions looks
at the growing involvement of affected persons in global politics,
such as young climate activists, indigenous movements, and persons
affected by HIV/AIDS. Since the early 2000s, international
organisations within various policy areas have increasingly
recognised and involved affected persons' organisations. This has
promised to address long-standing legitimacy and democracy deficits
of international policy making and norm setting. Yet, the powerful
do not easily cede the terrain: Some major states, classic NGOs,
and intergovernmental organisations seek to curtail the influence
of the newcomers. The authors within this collection study these
contestations from an interdisciplinary political science and
international law perspective. Based on evidence from a broad range
of policy areas, we address some of the crucial questions: What
does it mean to be affected? How can affected groups meaningfully
participate in international negotiations? Whose voices do still
remain excluded? Ultimately, the authors chart whether the rising
involvement of the 'most affected' will re-shape global politics
and social struggles on the ground. Taking a dual political science
and international law perspective, Affectedness and Participation
in International Institutions will be of great interest to scholars
of civil society in global governance, international law, and
international institutions. This book was originally published as a
special issue of Third World Thematics.
This volume provides the first comprehensive analysis of
international legal debates between 1955 and 1975 related to the
formal decolonization process. It is during this era, couched
between classic European imperialism and a new form of US-led
Western hegemony, that fundamental legal debates took place over a
new international legal order for a decolonised world. The book
argues that this era presents in essence a battle, a battle that
was fought out in particular over the premises and principles of
international law by diplomats, lawyers, and scholars. In a moment
of relative weakness of European powers, 'newly independent states'
and international lawyers from the South fundamentally challenged
traditional Western perceptions of international legal structures
engaging in fundamental controversies over a new international law.
The legal outcomes of this battle have shaped the world we live in
today. Contributions from a global set of authors cover
contemporary debates on concepts central to the time, such as
self-determination, sources and concessions, non-intervention, wars
of national liberation, multinational corporations, and the law of
the sea. They also discuss influential institutions, such as the
United Nations, International Court of Justice, and World Bank. The
volume also incorporates contemporary regional approaches to
international law in the 'decolonization era' and portraits of
important scholars from the Global South.
This analysis of Hans Kelsen's international law theory takes into
account the context of the German international legal discourse in
the first half of the twentieth century, including the reactions of
Carl Schmitt and other Weimar opponents of Kelsen. The relationship
between his Pure Theory of Law and his international law writings
is examined, enabling the reader to understand how Kelsen tried to
square his own liberal cosmopolitan project with his methodological
convictions as laid out in his Pure Theory of Law. Finally, Jochen
von Bernstorff discusses the limits and continuing relevance of
Kelsenian formalism for international law under the term of
'reflexive formalism', and offers a reflection on Kelsen's theory
of international law against the background of current debates over
constitutionalisation, institutionalisation and fragmentation of
international law. The book also includes biographical sketches of
Hans Kelsen and his main students Alfred Verdross and Joseph L.
Kunz.
This analysis of Hans Kelsen's international law theory takes into
account the context of the German international legal discourse in
the first half of the twentieth century, including the reactions of
Carl Schmitt and other Weimar opponents of Kelsen. The relationship
between his Pure Theory of Law and his international law writings
is examined, enabling the reader to understand how Kelsen tried to
square his own liberal cosmopolitan project with his methodological
convictions as laid out in his Pure Theory of Law. Finally, Jochen
von Bernstorff discusses the limits and continuing relevance of
Kelsenian formalism for international law under the term of
'reflexive formalism', and offers a reflection on Kelsen's theory
of international law against the background of current debates over
constitutionalisation, institutionalisation and fragmentation of
international law. The book also includes biographical sketches of
Hans Kelsen and his main students Alfred Verdross and Joseph L.
Kunz.
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