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Strategically Created Treaty Conflicts and the Politics of International Law

Strategically Created Treaty Conflicts and the Politics of International Law
Author: Surabhi Ranganathan
Publisher: Cambridge University Press
Total Pages: 483
Release: 2014-12-18
Genre: Law
ISBN: 1316194736

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Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.


Strategically Created Treaty Conflicts and the Politics of International Law

Strategically Created Treaty Conflicts and the Politics of International Law
Author: Surabhi Ranganathan
Publisher:
Total Pages: 443
Release: 2014
Genre: International law
ISBN: 9781316202159

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A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.


Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law
Author: Valentin Jeutner
Publisher: Oxford University Press
Total Pages: 209
Release: 2017
Genre: Law
ISBN: 0198808372

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Based on doctoral thesis, University of Cambridge, 2015. --Page vii.


Regime Interaction in International Law

Regime Interaction in International Law
Author: Margaret A. Young
Publisher: Cambridge University Press
Total Pages:
Release: 2012-01-12
Genre: Law
ISBN: 1139504932

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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.


Non-Legality in International Law

Non-Legality in International Law
Author: Fleur Johns
Publisher: Cambridge University Press
Total Pages: 281
Release: 2013-01-03
Genre: Law
ISBN: 1107014018

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Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.


Ethics and Weapons of Mass Destruction

Ethics and Weapons of Mass Destruction
Author: Sohail H. Hashmi
Publisher: Cambridge University Press
Total Pages: 558
Release: 2004-07-19
Genre: History
ISBN: 9780521545266

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The Law, Politics and Theory of Treaty Withdrawal

The Law, Politics and Theory of Treaty Withdrawal
Author: Frederick Cowell
Publisher: Bloomsbury Publishing
Total Pages: 325
Release: 2023-11-16
Genre: Law
ISBN: 1509938575

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This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.


The Changing Practices of International Law

The Changing Practices of International Law
Author: Tanja Aalberts
Publisher: Cambridge University Press
Total Pages: 273
Release: 2018-04-05
Genre: Law
ISBN: 1108588158

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With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.


Weaponising Evidence

Weaponising Evidence
Author: Margherita Melillo
Publisher: Cambridge University Press
Total Pages: 372
Release: 2024-01-31
Genre: Law
ISBN: 1009354345

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Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.