When International Law Works: Realistic Idealism After 9/11 and the Global Recession

ISBN-13: 9780195370171 / Angielski / Twarda / 2012 / 364 str.

Tai Heng Cheng

Opis

In When International Law Works, Professor Tai-Heng Cheng transcends current debates about whether international law is really law by focusing on the reasons for complying with or deviating from international laws and other informal norms, whether or not they are 'law.' Cheng presents a new framework to guide decision makers when they confront an international problem that implicates the oftencompeting policies and interests of their own communities and global order. Instead of advocating for or against international law, Cheng acknowledges both its benefits and shortcomings in order to present practical ways to decide whether compliance in a given circumstance is beneficial, moral, or necessary, and to adjust international law to meet the contemporary challenges of global governance. In this manner, Cheng shows how it is possible for decision makers to take international law and its
limitations seriously.

To test his theory, Cheng provides detailed case studies from recent events, ranging from the current global economic crisis to jihadist terrorism. This wideranging research demonstrates how his proposal for approaching international law would work in a real crisis, and sets this book apart from scholarship that focuses
only on theory or isolated fields of international law.

Through a critical combination of theory and practice, When International Law Works gives policymakers, judges, arbitrators, scholars, and students practical and thought-provoking guidance on how to face new global problems. In doing so, this new book challenges readers to rethink the role of law in an increasingly crisis-driven world.

Recenzje

In the book, Professor Cheng provides a stimulating review of the various theories on the nature of international law and an interesting examination of the roles of various decision makers and the competing considerations they must take into account.

O autorze

Tai-Heng Cheng is Professor of International Law and Director of the Institute for Global Law, Justice, and Policy at New York Law School. His published scholarship includes the book State Succession and Commercial Obligations (2006) and articles in the University of Illinois Law Review, the Cornell Journal of International Law, and the Michigan Journal of International Law. Professor Cheng is an elected member of the American Society of International Law's Executive Council, and co-chair of ASIL's 2011 Annual Meeting and chair of its 2012 Awards Committee. He holds degrees from Yale Law School and Oxford University.