Global Law

ISBN-13: 9780754626626 / Angielski / Twarda / 2009 / 546 str.

Opis

For over half a millennium global law has been central to the practice and analysis of international relations. How has the use of global law shaped international relations of the past and present and how will it shape the future? This work assembles the key articles that have defined the scholarly field of global law to explore customs, treaties and international institutions, the roles they have played in international relations and the effect they have had and will continue to have in the international system. With a wide range of articles covering the classic debates of the role of global law, as well as introducing case studies of the applications of global law, it allows one to ask what the future of global law will be.

Spis treści

Contents: Introduction; Part I The Sources and Development of International Law: Positivism, functionalism, and international law, Hans J. Morgenthau; The subjects of a modern law of nations, Philip C. Jessup; Codification and development of international law, H. Lauterpacht; New approaches to the study of international law, Richard A. Falk; The prescribing function in world constitutive process: how international law is made, Myres S. McDougal and W. Michael Reisman; The reality and efficacy of international law, Ian Brownlie; Global economics and international economic law, John H. Jackson. Part II Competing Theories of International Law: International law and assumptions about the state system, William D. Coplin; International relations and international law: 2 optics, Robert O. Keohane; The waning of the sovereign state: towards a new paradigm for international law, Christoph Schreuer; The concept of legalization, Kenneth W. Abbot, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal. Part III Hard Law, Soft Law, Legalization and Norms: Hard and soft law in international governance, Kenneth W. Abbot and Duncan Snidal; Alternatives to 'legalization': richer views of law and politics, Martha Finnemore and Stephen J. Toope; Legalization, trade liberalization and domestic politics: a cautionary note, Judith Goldstein and Lisa L. Martin; Sovereignty and inequality, Benedict Kingsbury; Private justice in a global economy: from litigation to arbitration, Walter Mattli. Part IV Does International Law Matter? Compliance, Legitimacy and Accountability: On compliance, Abram Chayes and Antonia Handler Chayes; How do international institutions matter? The domestic impact of international rules and norms, Andrew P. Cortell and James W. Davies Jr; The power of legitimacy and the legitimacy of power: international law in an age of power disequilibrium, Thomas M. Franck. Part V The Laws of War and Force: The complexities of humanitarian intervention: a new world order challenge, Richard Falk; The use of force in international law, Thomas M. Franck; Name Index.

O autorze

John J. Kirton, Professor, University of Toronto, Canada with Jelena Madunic, Faculty of Law, University of Toronto, Canada