The Continent of International Law: Explaining Agreement Design

ISBN-13: 9781107124233 / Angielski / Twarda / 2016 / 458 str.

Barbara Koremenos

Opis

Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.

Recenzje

'Koremenos' book does a great job in bringing a sense of purpose back into public international law and balancing some of the premises pertaining to anarchy and state-centredness - present in disciplines such as international relations - and the fact that treaties do matter and are drafted with the intention of being functional. Also, providing a detailed empirically grounded explanation of various treaty strategies and provisions, this book can easily serve as a manual for diplomats actually involved in the drafting process. As a result, the book has a very broad appeal, since it is likely to offer valuable insights for students of public international law, researchers and practitioners alike. Koremenos' clear and accessible writing style clearly does the topic justice for that broad audience while simultaneously reinforcing her commitment to break the previously hermetic mould of the discipline.' Ignas Kalpokas, LCC International University, Lithuania and Vytautas Magnus University, Lithuania

Spis treści

1. (Re)discovering the continent; Part I. Coil's Building Blocks: Theory and Data: Introduction to Part I; 2. Theoretical framework; 3. The coil sample; Appendix to chapter 3 coding rules; Part II. Flexibility Provisions in the Design of International Law: Introduction to Part II; 4. Duration provisions; 5. Escape clauses and withdrawal clauses; 6. (Im)precision and reservations; Part III. Centralization, Scope, and Control Provisions in the Design of International Law: Introduction to Part III; 7. Dispute resolution provisions; 8. Punishment provisions; 9. Monitoring provisions; 10. Asymmetric design rules, voting, and power; 11. Conclusion; Appendix 1. List of agreements in coil sample; Appendix 2. Selection issues in international cooperation data sets.