Read online ebook Routledge Research in International Law Ser.: Power and Law in International Society : How International Law Influence International Relations by Mark Klamberg EPUB, FB2

9781138804609


1138804606
This book assesses how international law and its institutions may be relevant and influence the course of international relations, in other words the relationship between power and law. This is done in relation to five regimes; international trade, environmental protection, human rights, criminal justice and use of force. The majority of international law literature focuses on the content of international rules (i.e. regimes) but has a tendency to ignore why these regimes exist and to what extent the rules actually affect state behaviour. The assumption is that states follow international law when the reality sometimes tells us differently. Turning to international relations literature, some scholars - as represented in their publications focus on theories based on the distribution of power among states and ignore the existence and relevance of international law. In contrast, "Power and Law in International Society" examines theories of international relations, international law and formal institutions as well as an account of empirical research on the relevance of international law for the behaviour of states. This book has three main themes. First, the book will explain the foundations of international society from an inter-disciplinary perspective relaying on legal studies as well as international relations. Second, the book will examine variations in the degree of legalization in terms of obligation, precision, delegation and state acceptance. Finally, the book will give an account of the empirical research on the relevance of international law for the behaviour of states. This book will be of great interest to scholars of international law and international relations. ", 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 on 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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The purpose of this book is to capture something of the larger spirit of these efforts.Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.The series is wide in scope and aims to cover studies of particular areas of substantive and of institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe.This highly teachable book can be used for a one- or two-semester course and is easily adaptable to suit each professor s preferences.As Jenny Martinez shows in this groundbreaking new book, the international human rights law that we know today is not solely a post-World War II development, as most scholars claim, but rather has roots in one of the nineteenth century's central moral causes: the movement to ban theinternational slave trade.Di'erent blends of theory and practice are represented, withaninclinationtowardtheorywithapracticalmotivationonthe one hand and soundly based practice on the other.