Politics And International Law

Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

This work tries to bridge the gap between international lawyers and those political scientists who write about international politics. In the first part, the author discusses the influence of Professor Morgenthau's realist school on the current thinking of political scientists and the abandonment of this school by its originator in the last years of his life. The author concludes that the best way to test the validity of different approaches is to discuss various international crises in the light of contrasting theories and to analyze each situation from both the legal and political points of view. In particular, he tries to ascertain to what extent vital national interests could be accommodated within an international legal framework, or could require a distortion of international rules in order to achieve national objectives. In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists. The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict. The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.

Politics and law appear deeply entwined in contemporary international relations. Yet existing perspectives struggle to understand the complex interplay between these aspects of international life. In this path-breaking volume, a group of leading international relations scholars and legal theorists advance a new constructivist perspective on the politics of international law. They reconceive politics as a field of human action that stands at the intersection of issues of identity, purpose, ethics, and strategy, and define law as an historically contingent institutional expression of such politics. They explain how liberal politics has conditioned modern international law and how law â€~feeds back' to constitute international relations and world politics. This new perspective on the politics of international law is illustrated through detailed case-studies of the use of force, climate change, landmines, migrant rights, the International Criminal Court, the Kosovo bombing campaign, international financial institutions, and global governance.

The Politics of International Law offers an introduction to the role of law in contemporary international affairs. Through a case study-driven analysis of topics such as human rights, the use of force, international environmental law, international trade law, international criminal justice and the right to self-determination, the book explains the interaction between law and politics in the world today, demonstrating that one cannot be understood withoutthe other.The book is divided into two parts. Part I introduces contemporary international law with a focus on constitutive legal principles such as sovereignty, territorial integrity and the legal equality of states. Through these introductory chapters, students are encouraged to take a holistic view of the processes and actors that drive international affairs, and explore the fascinating paradox that while international law is largely created through political processes, it also constitutes theenvironment in which international politics is practiced.Part II builds on the foundations laid in Part I to analyze contemporary controversies in international law and politics. Chapters focus on a number of substantive issue areas, including international environmental law, international economic law, human rights law, self-determination and secession, the law governing the use of force, and international criminal justice.This book is written to impart on readers a deepened understanding of both the possibilities and limits of international law as a tool for structuring relations in the world.Digital Formats and ResourcesAlso available as an e-book with functionality, navigation features, and links that offer extra learning support

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