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              Books in the Routledge Research in International Law series

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              Resolving Claims to Self-Determination: Is There a Role for the International Court of Justice?
               

              Resolving Claims to Self-Determination: Is There a Role for the International Court of Justice? (Hardback)

              By Coleman, Andrew

              • RRP: $282.00
              • $282.00
              • To Order/ Indent titles

              Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars or wars of secession. Whilst wars of succession do not involve the same number or type of combatants as in the last two World Wars, thei...r potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination showing how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent, arguing that violence is more likely because there are currently no clear and fair ways to peaceable determine how claims for self-determination should be decided. The book then goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. The book assesses whether the ICJ is a suitable forum, looking at the strengths and weaknesses of the Court's advisory jurisdiction, as well as how effective the Court is in view of the absence of any international police force or enforcement powers. The issue of whether the ICJ's jurisdiction in its current form will permit people to access the Court's jurisdiction to claim for self-determination is considered along with what changes would need to be made in order for it to provide an effective means for the peaceful birth of States.
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              ISBN 9780415659581
              Released NZ 11 Dec 2013
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
              Availability
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              International Law-making: Essays in Honour of Jan Klabbers
               

              International Law-making: Essays in Honour of Jan Klabbers (Hardback)

              Edited by Liivoja, Rain; Petman, Jarna

              • RRP: $282.00
              • $282.00
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              This volume explores law-making in international affairs. It has been compiled to celebrate the occasion of the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar, who has made a significant contribution to the understanding o...f the sources of international obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers wide-ranging interests in international law, his determined disregard for disciplinary boundaries and his often provocative views, the book looks at law-making in a colourful variety of different ways and occasionally seeks to push the envelope in terms of what it means to think and write about law and its making. The book includes contributions from respected legal scholars including Eyal Benevisiti, James Crawford, Malgozia Fitzmaurice, Martti Koskenniemi, Bruno Simma and Geir Ulfstein. The first part of the book attempts to situate, on the most abstract and theoretical level, the notion of law-making into a philosophical, historical, social, linguistic and literary context. The second section looks at some of the processes of law-making, the institutions involved and the sometimes unclear divide between law and non-law. Topics covered include: global administrative law; law-making in the EU; regionalism and international law, domestic legal systems and international law; and informal law-making and the changing nature of law in global governance. The third and final part of the book the problems of law-making in particular areas, such as human rights, the law of the sea, environmental law, the law of state responsibility, international humanitarian law, and international criminal law. But while these contributions do look at the 'substance', as it were, of international law, they raise more general concerns, such as the relationship between law-making and the application of law, the role of various institutions and the potential for conflict between them and th
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              ISBN 9780415659567
              Released NZ 17 Dec 2013
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
              Availability
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              Power and Law in International Society: International Relations as the Sociology of International Law

              Power and Law in International Society: International Relations as the Sociology of International Law (Paperback)

              By Klamberg, Mark

              • RRP: $98.99
              • $98.99
              • In Stock At Publisher

              When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much o...n theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
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              ISBN 9781138701953
              Released NZ 11 Jan 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
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              Universal Jurisdiction in International Criminal Law: The Debate and the Battle for Hegemony

              Universal Jurisdiction in International Criminal Law: The Debate and the Battle for Hegemony (Paperback)

              By O'Sullivan, Aisling

              • RRP: $86.99
              • $86.99
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              With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal ...jurisdiction into the foreground of the fight against impunity and the principle was read as an important complementary mechanism for international justice -one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice's Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi's work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O'Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ( ending impunity ) and formalist ( avoiding abuse ) and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a middle position that continues to prefer a particular preference (moralist or formalist). Aisling O'Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ( court of humanity ) and recognizing its impossibility of being realized.
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              ISBN 9780367075552
              Released NZ 9 Nov 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
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              The International Criminal Court and Global Social Control: International Criminal Justice in Late Modernity

              The International Criminal Court and Global Social Control: International Criminal Justice in Late Modernity (Paperback)

              By Chazal, Nerida

              • RRP: $86.99
              • $86.99
              • In Stock At Publisher

              The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for th...e commission of international crimes. More than a decade later, the ICC's ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world's major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC's functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
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              ISBN 9781138614598
              Released NZ 2 Jun 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
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              Reciprocity in International Law: Its impact and function

              Reciprocity in International Law: Its impact and function (Paperback)

              By Fard, Shahrad Nasrolahi

              • RRP: $86.99
              • $86.99
              • In Stock At Publisher

              In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role ...reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States' obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
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              ISBN 9781138614543
              Released NZ 3 Jun 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
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              Sovereignty Conflicts and International Law and Politics: A Distributive Justice Issue
               

              Sovereignty Conflicts and International Law and Politics: A Distributive Justice Issue (Hardback)

              By Nunez, Jorge E.

              • RRP: $259.00
              • $259.00
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              Many conflicts throughout the world can be characterised as sovereignty conflicts in which two States claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of... these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in the Theory of Justice this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Nunez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realise shared sovereignty, and how it might be applied to territory, population, government and law.
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              ISBN 9781138636842
              Released NZ 8 May 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
              Availability
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              The Right to Democracy in International Law: Between Procedure, Substance and the Philosophy of John Rawls

              The Right to Democracy in International Law: Between Procedure, Substance and the Philosophy of John Rawls (Trade Paperback / Paperback)

              By Alfadhel, Khalifa A.

              • RRP: $86.99
              • $86.99
              • In Stock At Publisher

              This book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right ...to democracy in international customary law through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
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              ISBN 9780367193478
              Released NZ 8 Jan 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
              Availability
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              Peacemaking, Religious Belief and the Rule of Law: The Struggle between Dictatorship and Democracy in Syria and Beyond

              Peacemaking, Religious Belief and the Rule of Law: The Struggle between Dictatorship and Democracy in Syria and Beyond (Hardback)

              By Zwier, Paul J.

              • RRP: $282.00
              • $282.00
              • In Stock At Publisher

              This book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace a...greements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders' religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.
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              ISBN 9781138220799
              Released NZ 18 Dec 2017
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
              Availability
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              Reforming the UN Security Council Membership: The illusion of representativeness
               

              Reforming the UN Security Council Membership: The illusion of representativeness (Paperback)

              By Hassler, Sabine

              • RRP: $75.99
              • $75.99
              • To Order

              This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The b...ook places the discussion on reform of Security Council membership in the context of the council's primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members' behalf. This book offers an inquiry into the Council's constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today's, and possibly tomorrow's, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised. Reforming the UN Security Council Membership will be of particular interest to scholars and students of International Law and International Relations.
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              ISBN 9781138817234
              Released NZ 12 Sep 2014
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in International Law
              Availability
              Indent title (internationally sourced), usually ships 4-6 weeks
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