Governance and International Legal Theory

ISBN-13: 9789004140332 / Angielski / Miękka / 2004 / 408 str.

Ige F. Dekker; Wouter G. Werner

Opis

Globalisation and international governance constantly pose challenges to international law. This constant challenge can only be understood if one keeps in mind that globalisation and international governance are not simple and linear developments, but rather complex and contradictory processes. The emergence of several overlapping and competing normative orders - characterized in terms of 'new medievalism' and 'legal pluralism' - has given impetus to some age-old debates in international law: What is the role of the 'international community'? What is the proper function and meaning of state sovereignty in international law? What are the powers of international organizations in relation to the overlapping legal orders of their member states? At a more practical level, the problem of 'legal pluralism' is discussed in the context of the proliferation of international tribunals: how does this affects the unity and coherence of international law and what should be the proper role of lawyers in dealing with competing norms and competences? Finally, the complex and contradictory nature of international governance is illustrated by the role of international non-governmental organizations in different periods and areas, such as criminal law, environmental law and cyberspace. This book discusses the above-mentioned topics from a multidisciplinary perspective. It combines insights from international relations theory, legal theory and international law in an attempt to clarify some issues of globalisation, international governance and international law.

Spis treści

Introduction, Ige F. Dekker & Wouter G. Werner, A
cknowledgements, List of contributors, List of abbreviations,
Part One, Methodology,
Chapter 1, The Neomedieval Renaissance: Global Governance and International Law in the New Middle Ages , Jörg Friedrichs,
Chapter 2, Lawyers and Anthropologists: A Legal Pluralist Approach to Global Governance ,Gerhard Anders,
Chapter 3, From Territoriality to Functionality? Towards a Legal Methodology of Globalization, Andreas L. Paulus,
Chapter 4, The Will of the International Community as a Normative Source of International Law, Nicholas Tsagourias,
Part Two, State Sovereignty,
Chapter 5, State Sovereignty and International Legal Discourse, Wouter G. Werner,
Chapter 6, Globalization and the International Criminal Court: Accountability and a New Conception of State, Rod Jensen,
Chapter 7, The International Criminal Court and the Sovereign State, Diane Marie Amann,
Part Three, International Organization,
Chapter 8 , Governance by International Organizations: Rethinking the Normative Force of International Decisions, Ige F. Dekker & Ramses A. Wessel,
Chapter 9, International Judicial Bodies as Sources of Normativity: The WTO Dispute Settlement in Comparative Context, Tomer Broude,
Chapter 10, The European Court of Justice and Legal Pluralism: The Case Law on the "Four Freedoms" and the Pluralist Construction of the Legal System of the European Community, Herman Voogsgeerd, Part Four, Non-Governmental Organizations,
Chapter 11, Non-State Actors: Undermining or Increasing the Legitimacy and Transparency of International Environmental Law, Joyeeta Gupta,
Chapter 12 NGOs, the International Criminal Court, and the Politics of Writing International Law, Michael J. Struett,
Chapter 13, Balancing Norms in Cyberspace: State and Non-State Actor Normativity in Cyberspace, J.P. Mifsud Bonnici & C.N.J. de Vey Mestdagh.