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The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Why do some states resist entering into international treaty regimes while others demonstrate eagerness to participate? Although factors such as degree of pressure exerted by international actors, ambiguity in the treaty language and a regime's 'lack of teeth' (enforcement and sanctioning mechanism) do affect participation, this book investigates whether internal (domestic) factors may ultimately be responsible for influencing why a state resists or joins international treaty regimes. The volume draws on United Nations treaty ratification data from three different issue areas - arms control, environment and human rights - to study the participation patterns of democracies and non-democracies in international treaty regimes. Incorporating two in-depth case studies on the United States and China, the author traces the impact of domestic institutional structure, state capacity and internal social norms on state decisions to resist or participate.
Why do some states resist entering into international treaty regimes while others demonstrate eagerness to participate? Although factors such as degree of pressure exerted by international actors, ambiguity in the treaty language and a regime's 'lack of teeth' (enforcement and sanctioning mechanism) do affect participation, this book investigates whether internal (domestic) factors may ultimately be responsible for influencing why a state resists or joins international treaty regimes. The volume draws on United Nations treaty ratification data from three different issue areas - arms control, environment and human rights - to study the participation patterns of democracies and non-democracies in international treaty regimes. Incorporating two in-depth case studies on the United States and China, the author traces the impact of domestic institutional structure, state capacity and internal social norms on state decisions to resist or participate.
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis therefore provides both a coherent understanding of the international climate regime and a starting point for further research in other regimes.
This exciting textbook introduces students to the ways in which the theories and tools of International Relations can be used to analyse and address global environmental problems. Kate O'Neill develops an historical and analytical framework for understanding global environmental issues, and identifies the main actors and their roles, allowing students to grasp the core theories and facts about global environmental governance. She examines how governments, international bodies, scientists, activists and corporations address global environmental problems including climate change, biodiversity loss, ozone depletion and trade in hazardous wastes. The book represents a new and innovative theoretical approach to this area, as well as integrating insights from different disciplines, thereby encouraging students to engage with the issues, to equip themselves with the knowledge they need, and to apply their own critical insights. This will be invaluable for students of environmental issues both from political science and environmental studies perspectives.
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.