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International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.
Statespersons, scholars, and commentators of every political persuasion agree that we are currently witnessing a crisis of world order. It is widely assumed that the co-called 'Liberal World Order' that the United States constructed in the post-World War II years is collapsing. This Article interrogates and challenges this claim. This Article examines what it means to speak of 'world order'. It argues that to understand the notion of 'world order', it is necessary to investigate the normative foundations of the international system. Therefore, this Article develops a theoretical construct that I call the Constitutive Regime of the International System to conceptualize the notion of world order. It argues that the international system is predicated on and governed by a Constitutive Regime that embodies a grand worldview - i.e. a theory of world order - that prescribes policies, practices, and rules of international law that are considered necessary for maintaining global order and stability. This regime, which is designed by the Great Powers of each historical epoch, shapes international and domestic politics. It determines the criteria and preconditions of statehood, thereby affecting how societies are organized and governed. It promotes certain methods for the conduct of world politics, and it establishes mechanisms for international lawmaking, thus providing the constitutive foundation of international law. A crisis of world order occurs when these basic normative assumptions about the nature of the international system and the processes of global governance are challenged.Having provided a conceptual framework for understanding the notion of 'world order', this Article then challenges the claim that the post-World War II 'Liberal World Order' is currently in a period of crisis. It argues that, beginning in the 1970s, the Liberal World Order of the post-World War II era was replaced by a neoliberal world order - in other words, a neoliberal Constitutive Regime. This Article shows how this neoliberal Constitutive Regime shaped virtually every aspect of world politics and provided the normative foundation of globalization during the closing decades of the twentieth century. The Article concludes with a discussion of the origins of the current crisis of world order and a reflection on the future of world order in an era of increased Great Power competition.
As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The re-issuance of this venerable title, unveils this work to a new generation of scholars, students, and practitioners of international law and human rights.
In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses this approach to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.
This book introduces the reader to all major aspects of contemporary international law. It applies a policy-oriented perspective, a highly acclaimed approach developed by a group known as the New Haven School that views international law not as a fixed set of rules but as an ongoing process of decision making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision in the international arena and illustrated with numerous historical examples and events. In this new edition, Lung-chu Chen updates his text and bibliography with respect to topics involving the end of the Cold War, increased trade, economic sanctions, new powers of the Security Council, use of force, international criminal law and institutions, and human rights.
This is the first volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. Sponsored by Princeton University with support from the Ford Foundation, the project seeks to stimulate research and provide an intellectual focus for the elucidation of the constructive role law can play in maintaining peace and improving welfare and dignity in the world. The contributors have been urged to engage in their respective areas of expertise in non-utopian forecasting that will enable law to contribute more creatively, by anticipating the range of feasible responses, to the solution of emerging problems in the international environment. Originally published in 1969. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.
Politics and law appear deeply entwined in contemporary international relations. Yet existing perspectives struggle to understand the complex interplay between these aspects of international life. In this path-breaking volume, a group of leading international relations scholars and legal theorists advance a new constructivist perspective on the politics of international law. They reconceive politics as a field of human action that stands at the intersection of issues of identity, purpose, ethics, and strategy, and define law as an historically contingent institutional expression of such politics. They explain how liberal politics has conditioned modern international law and how law â€~feeds back' to constitute international relations and world politics. This new perspective on the politics of international law is illustrated through detailed case-studies of the use of force, climate change, landmines, migrant rights, the International Criminal Court, the Kosovo bombing campaign, international financial institutions, and global governance.
Contemporary discourse about human affairs is largely grounded in the specific historical experience and interests of a few dominant societies. This poses an important challenge to all those who urge that we need to adopt a global perspective on modern political life, whether in terms of international relations, comparative and developmental politi