Strategically Created Treaty Conflicts and the Politics of International Law

ISBN-13: 9781107618497 / Angielski / Miękka / 2016 / 484 str.

Surabhi Ranganathan

Opis

A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.

Recenzje

'Strategically Created Treaty Conflicts and the Politics of International Law is a welcome addition to the study of treaty conflicts and to the study of the relationship between international law and international relations. The three case studies show how ambitious multilateral regimes bend in the face of political realities. At the same time, they reveal how multilateral agreements become part of the geopolitical landscape that shapes the actions and legal norms of even the most powerful of nations. They further show how the craft of international law often involves not only 'speaking law to power' but also serving as a bridge to resolve conflicting positions. By inviting us to think of treaty conflict not only in terms of direct conflicts between mutually exclusive treaty obligations but also in terms of overall conflict in effect, Ranganathan provides an illuminating account of treaty conflict and the dance between law and power in practice.' Sabrina Safrin, European Journal of International Law

Spis treści

Foreword James Crawford; Part I. Introduction: 1. Strategically created treaty conflicts; Part II. International Law Thought: 2. Writing the 'principle of political decision' into the law of treaties; 3. The idea of effective implementation of treaties; Part III. Treaty Conflicts in Practice: 4. Notions of ocean: the dispute over deep seabed mining; 5. Courting the United States? The International Criminal Court and Article 98 Agreements; 6. Fissions in the nuclear order: the India-US nuclear deal and the nuclear governance regime; Part IV. Conclusion: 7. The politics of international law; Appendices.