Legality and Legitimacy in Global Affairs focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Edited by Mark Juergensmeyer, Richard Falk, and Vesselin Popovski, this volume brings together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa. Chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. The book argues that while some interventions may not be technically legal, they may well be legitimate (e.g. Kosovo), and also concentrates on establishing the grounds for legitimate intervention. Some cases, like Iraq, fail the test. Transnational intervention by states and international institutions has increased since the globalization wave of the of the 1990's and especially since 9/11. This book, by focusing on a diverse array of cases, establishes a clear framework for judging the legitimacy of such actions.

Hague Academic Press, a T.M.C. Asser Press imprint

Children and young persons are increasingly being targeted for trafficking, sexual exploitation, recruitment as child soldiers, and other abuses. Children prove to be particularly vulnerable in situations of armed conflict, such as Darfur, the Democratic Republic of Congo, the Philippines, Nepal, and Colombia. A rich combination of practitioners (including ICC, ICTY and SCSL prosecutors) and academics explore to what extent international law instruments and international criminal accountability mechanisms are useful for countering violations of children's rights during and after armed conflicts. They also analyze to what extent the tendency of profiling children's rights much more strongly than before (mainly under the umbrella of the 1989 UN Convention on the Rights of the Child and in the form of child rights-based approaches) converges with the features of international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone.

With existing literature focusing largely on Western perspectives of peace and their applications, a global understanding of peace is much needed. Spurred by more recent debates and discourses that criticize the dominant realist and liberal approaches for crises in contemporary state- and peace-building, the contributors to this handbook emphasize not only the need to solve this eternal conundrum of humanity, but also demand-with the rise of increasingly more violent conflicts in international relations-the development of a global interpretive framework for peace and security. To this end, the present handbook examines conceptual, institutional and normative interpretive approaches for making, building and promoting peace in the context of roles played by state and non-state actors within local, national, regional, and global units of analysis.

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This book contains assessment of the progress, or the lack of it, in implementing the UN Sustainable Development Goals (SDGs). Through review of the assessments and of case studies, readers can draw lessons from the actions that could work to positively address the goals. The 2030 Agenda for Sustainable Development is designed to catalyze action in critical areas of importance to humanity and the planet. The effort to implement the SDGs, however, demands a sense of urgency in the face of environmental degradation, climate change, emerging conflicts, and growing inequality, among a number of other socio-economic problems. Five years after the launch of the 2030 Agenda, this book takes stock of how far the world has come and how we can position ourselves to achieve the global targets. The book is one of the first to assess how the implementation is impeded by the onset of COVID-19. It contains a special chapter on COVID-19 and the SDGs, while many thematic chapters on different SDGs also assess how COVID-19 adversely affects implementation, and what measures could be taken to minimize the adverse effects. This publication thus provides a fresh look at implementation of the SDGs highlighting impactful and creative actions that go beyond the business-as-usual development efforts. The volume reinforces this analysis with expert recommendations on how to support implementation efforts and achieve the SDGs through international and national strategies and the involvement of both the public and private sectors. The result is an indispensable textual tool for policy makers, academia, intergovernmental organizations (IGOs) and non-governmental organizations (NGOs), as well as the public, as we march toward the 2030 deadline.

In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.

In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.

There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council - in the current composition and working methods - is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy - as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council's mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

This book contains assessment of the progress, or the lack of it, in implementing the UN Sustainable Development Goals (SDGs). Through review of the assessments and of case studies, readers can draw lessons from the actions that could work to positively address the goals. The 2030 Agenda for Sustainable Development is designed to catalyze action in critical areas of importance to humanity and the planet. The effort to implement the SDGs, however, demands a sense of urgency in the face of environmental degradation, climate change, emerging conflicts, and growing inequality, among a number of other socio-economic problems. Five years after the launch of the 2030 Agenda, this book takes stock of how far the world has come and how we can position ourselves to achieve the global targets. The book is one of the first to assess how the implementation is impeded by the onset of COVID-19. It contains a special chapter on COVID-19 and the SDGs, while many thematic chapters on different SDGs also assess how COVID-19 adversely affects implementation, and what measures could be taken to minimize the adverse effects. This publication thus provides a fresh look at implementation of the SDGs highlighting impactful and creative actions that go beyond the business-as-usual development efforts. The volume reinforces this analysis with expert recommendations on how to support implementation efforts and achieve the SDGs through international and national strategies and the involvement of both the public and private sectors. The result is an indispensable textual tool for policy makers, academia, intergovernmental organizations (IGOs) and non-governmental organizations (NGOs), as well as the public, as we march toward the 2030 deadline.

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.

In recent years, social scientists have increasingly recognized the interconnectedness of thought on emotions. Nowhere is the role of passions more evident than international politics, where pride, anger, guilt, fear, empathy, and other feelings are routinely on display. But in the absence of an overarching theory of emotions, how can we understand their role at the international level? Emotions in International Politics fills the need for theoretical tools in the new and rapidly growing subfield of international relations. Eminent scholars from a range of disciplines consider how emotions can be investigated from an international perspective involving collective players, drawing evidence from such emotionally fraught events as the Rwandan genocide, World War II, the 9/11 attacks, and the Iranian nuclear standoff. The path-breaking research collected in Emotions in International Politics will be a valuable theoretical guide to understanding conflict and cooperation in international relations.

In recent years, social scientists have increasingly recognized the interconnectedness of thought on emotions. Nowhere is the role of passions more evident than international politics, where pride, anger, guilt, fear, empathy, and other feelings are routinely on display. But in the absence of an overarching theory of emotions, how can we understand their role at the international level? Emotions in International Politics fills the need for theoretical tools in the new and rapidly growing subfield of international relations. Eminent scholars from a range of disciplines consider how emotions can be investigated from an international perspective involving collective players, drawing evidence from such emotionally fraught events as the Rwandan genocide, World War II, the 9/11 attacks, and the Iranian nuclear standoff. The path-breaking research collected in Emotions in International Politics will be a valuable theoretical guide to understanding conflict and cooperation in international relations.

Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council - in the current composition and working methods - is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy - as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council's mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.

Armed groups are intrinsic to conflict. Pursuing myriad aims, they shape and are shaped by the conflict landscape. UN missions too inhabit this landscape. They too must decide how best to pursue their goals of supporting early peacebuilding and so-called stabilisation. This book argues that the UN is peacekeeping in places where there is no peace to keep. A profoundly confused UN has failed to develop the instruments to adequately identify armed groups, and then deal with the challenge they pose. This book is a policy guide for UN missions. It contemplates the challenging nature of non-permissive UN mission environments and offers a challenge to the UN to think afresh about the way it undertakes missions in these settings. The book appropriates several underdeveloped concepts - robust peacekeeping, political processes, and the protection of civilians - and uses them to ignite the conversation on a UN stabilisation doctrine.

Legality and Legitimacy in Global Affairs focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Edited by Mark Juergensmeyer, Richard Falk, and Vesselin Popovski, this volume brings together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa. Chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. The book argues that while some interventions may not be technically legal, they may well be legitimate (e.g. Kosovo), and also concentrates on establishing the grounds for legitimate intervention. Some cases, like Iraq, fail the test. Transnational intervention by states and international institutions has increased since the globalization wave of the of the 1990's and especially since 9/11. This book, by focusing on a diverse array of cases, establishes a clear framework for judging the legitimacy of such actions.

Rapid globalization has led to increased flows of capital, services, ideas, information, and people between countries. As such, problems and challenges that face one nation often have a rippling impact throughout the region and globally. The growing list of cross-border issues cannot be resolved by isolated policy action at the national or subnational levels. It is essential to forge strategic alliances at the regional level that support the development of consolidated approaches for dialogue and action.

This book discusses regional governance mechanisms and institutional arrangements to respond to emerging cross-border issues and trends in Asia and the Pacific, such as the movement of people including refugees and illegal migrants, regional trade integration for human development, effective and efficient water management, human trafficking, and health issues focusing on infectious disease surveillance and response.

While examining the impact of governance on these issues, the book considers these questions: What are the key cross-border governance issues in Asia? What are the regional governance mechanisms to cope with these issues? How effective are the regional mechanisms and national institutional capacities in responding to these issues? What factors contribute to the success or failure of the mechanisms for regional cooperation?

Contributors include Graeme Hugo (University of Adelaide), William J. Long (Sam Nunn School of International Affairs), Mike Douglass (University of Hawaii --Manoa), Taeho Bark (Seoul National University), and Mely Caballero-Anthony (S. Rajaratnam School of International Studies).

The rapid pace of globalization has led to the increasing interdependence of member states of the United Nations to achieve sustainable development objectives, including the eradication of extreme poverty, environmental protection, access to basic services and livelihoods, and the promotion of economic growth and opportunities.

Policymakers, scholars, and development practitioners recognize the centrality of effective governance at the local, national, and global levels to promote sustainable development. Along with governments and the private sector, civil society organizations (CSOs) are playing an expanded role in improving transparency, participation, access to services, and the rule of law.

This book looks at the changing roles of civil society in global and national governance. It identifies factors that influence the effectiveness of civil society in promoting democratic governance. It asks: To what extent and how has the global civil society been influencing global governance and democratic change? What have been the patterns of growth of civil society in Asia and Africa, including the legal frameworks under which CSOs are established? How and with what effect has civil society been engaged in promoting democratic change and inclusive governance?

Contributors include William Ascher (Claremont McKenna College and Soka University of America), Robertson Work (Innovative Leadership Services and New York University), Denny Roy (East-West Center), Kadmiel Harrison Wekwete (United Nations Capital Development Fund), Denison Jayasooria (Universiti Kebangsaan Malaysia and Human Rights Commission of Malaysia), Jin Sato (University of Tokyo), Ahmed Bilal Mehboob, (Pakistan Institute of Legislative Development and Transparency), John Clark (The Policy Practice), Goran Hyden (University of Florida), Naresh Singh (Canadian International Development Agency), L. David Brown (Harvard University), Rehman Sobhan (Centre for Policy Dialogue, Bangladesh), and Massimo Tommasoli (Permanent Observer for International IDEA to the United Nations).

This book examines the complex role of human rights norms and standards throughout the region, illustrating the evolution and impact of international conventions, laws, and institutions. The chapters combine historical detail with a focus on present-day challenges for regional and domestic human rights regimes, highlighting particular obstacles, successful approaches, and strategies. Through case studies in North, Central, and South America, the volume provides a rich account of the evolving regional environment for rights protection and promotion.

"At last, we have a quality overview of human rights progress and challenges in the Americas. This volume fills a crucial gap in the literature, allowing us to assess the complex and fascinating human rights ebb and flow that has been the experience of Latin America, including the often contradictory role of the United States as champion and obstacle." --Richard Falk, Albert G. Milbank Professor Emeritus of International Law, Princeton University

"A very authoritative overview written by some of the real experts on the subject." --William A. Schabas, director, Irish Centre for Human Rights