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A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
The Royal Society has published the findings of a major study into geoengineering the climate. The study, chaired by Professor John Shepherd FRS, was researched and written over a period of twelve months by twelve leading academics representing science, economics, law and social science. Man-made climate change is happening and its impacts and costs will be large, serious and unevenly spread. The impacts may be reduced by adaptation and moderated by mitigation, especially by reducing emissions of greenhouse gases. However, global efforts to reduce emissions have not yet been sufficiently successful to provide confidence that the reductions needed to avoid dangerous climate change will be achieved. This has led to growing interest in geoengineering, defined here as the deliberate large-scale manipulation of the planetary environment to counteract anthropogenic climate change. However, despite this interest, there has been a lack of accessible, high quality information on the proposed geoengineering techniques which remain unproven and potentially dangerous. This study provides a detailed assessment of the various methods and considers the potential efficiency and unintended consequences they may pose. It divides geoengineering methods into two basic categories: 1. Carbon Dioxide Removal (CDR) techniques, which remove CO2 from the atmosphere. As they address the root cause of climate change, rising CO2 concentrations, they have relatively low uncertainties and risks. However, these techniques work slowly to reduce global temperatures. 2. Solar Radiation Management (SRM) techniques, which reflect a small percentage of the sun's light and heat back into space. These methods act quickly, and so may represent the only way to lower global temperatures quickly in the event of a climate crisis. However, they only reduce some, but not all, effects of climate change, while possibly creating other problems . They also do not affect CO2 levels and therefore fail to address the wider effects of rising CO2, including ocean acidification. The report recommends: Parties to the UNFCCC should make increased efforts towards mitigating and adapting to climate change and in particular to agreeing to global emissions reductions of at least 50% on 1990 levels by 2050 and more thereafter; CDR and SRM geoengineering methods should only be considered as part of a wider package of options for addressing climate change. CDR methods should be regarded as preferable to SRM methods. Relevant UK government departments, in association with the UK Research Councils, should together fund a 10 year geoengineering research programme at a level of the order of £10M per annum. The Royal Society, in collaboration with international science partners, should develop a code of practice for geoengineering research and provide recommendations to the international scientific community for a voluntary research governance framework. The Royal Society issued a call for submissions and convened a small ethics workshop as part of the evidence gathering process. More information is available in the main report.
International Law: Norms, Actors, Process: A Problem-Oriented Approach , now in its Third Edition , uses an interdisciplinary approach and real-world problems to illustrate the law in action and encourage students to think more deeply about global
Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.