International Law for International Relations

Description

Contents Preface Guided tour of Learning Features Guided tour of the Online Resource Centre Contributors Abbreviations List of boxes List of tables List of case studies PART I: STUDYING INTERNATIONAL LAW 1 International law and international relations: foundations for interdisciplinary study Introduction What is international law? The relationship between international law and international relations Why study international law? Conclusion 2 Perspectives on international law in international relations Introduction Realism Liberalism Institutionalism Constructivism Marxism, Feminism, and Critical Theory Conclusion 3 Basic principles of international law: a historical perspective Introduction The birth of modern international law: the sixteenth century The Congress of Vienna: international law from 1815–1914 The League of Nations: international law from 1919–1939 The United Nations: 1945 to the present Conclusion 4 Perspectives on international relations in international law Introduction What is international law? The purpose of international law The relevance of theories of international law in international relations Conclusion PART II: IDENTIFYING INTERNATIONAL LAW 5 International treaties Introduction Why do states make treaties? The relationship between treaties, customary international law, and the concept of ius cogens The making of treaties Universality or integrity? Reservations to treaties Application, interpretation, and the position of third states Amending a treaty Ending international treaties Conclusion 6 Customary international law Introduction What rules govern the formation of CIL? The conduct-centred model The CIL approach to state behaviour: states as agents with legal motivations What are the material sources of CIL? Identifying particular rules of CIL: the tipping point (Why) do states comply with CIL? Conclusion 7 Non-governmental organizations and international law Introduction: non-governmental organizations in a terrain occupied by states Motivations for NGO involvement in international law NGOs and sources of international law NGO participation in intergovernmental organizations and processes The role of NGOs in the development of international law The role of NGOs in the enforcement of international law Evaluating NGO involvement in the development of international law Conclusion 8 International courts and tribunals Introduction: international courts in contemporary life What are international courts? What are the functions of international courts? When are international courts successful? The future of international courts and tribunals Conclusion PART III: TOPICS IN INTERNATIONAL LAW 9 States and international law: the problems of self-determination, secession, and recognition Introduction International law and statehood International law of self-determination The problem of secession in international law and international relations Conclusion 10 Use of force in international law Introduction The general framework on the use of force in international law Self-defence The use of force, self-defence, and non-state actors Unilateral humanitarian intervention? The collective security system under the United Nations Charter The power of international law on the use of force: rhetoric or controlling? Conclusion 11 International humanitarian law Introduction What is international humanitarian law and how is it made? The nature of international humanitarian law Purposes of international humanitarian law and its basic principles Compliance with international humanitarian law Non-state actors and compliance with international humanitarian law Conclusion 12 International criminal law Introduction The birth and evolution of international criminal law The core crimes and the rationale behind their international criminalization The enforcement of international criminal law at the international level The relationship between international criminal courts and national courts: primacy versus complementarity Conclusion 13 International human rights law Introduction What makes up international human rights law and where do we find it? International human rights law institutions The relevance of international human rights law in international relations Compliance with international human rights law New international actors and international human rights law Conclusion 14 International law for environmental protection Introduction International treaties for environmental protection International environmental principles and the sustainable development paradigm Environmental treaty non-compliance mechanisms Non-state actors and environmental protection A mixed regime for international environmental law? Conclusion 15 World trade and international law Introduction The rationale for trade treaties Types of trade treaties The WTO: negotiating forum and monitoring institution Advanced disciplines: constraints on regulatory freedom Loopholes and exceptions Criticisms of the WTO: a biased forum? Conclusion 16 Global social justice and international law Introduction What kinds of problems does social justice address? What is justice and where does it apply? Does international law have the right profile for social justice to apply to it? Can international law be used to advance the cause of social justice? What standards of justice are applicable to international affairs? Conclusion CONCLUSION 17 International law in international relations: what are the prospects for the future? Introduction The political (in)stability of international law Institution-building for international law The breadth of international law Complexity and differentiation in international law regimes Non-state actors and international law Conclusion Table of cases Table of major multilateral international treaties and documents Glossary A B C D E F G H I J K L M N O P R S T U V W References Index A B C D E F G H I J K L M N O P Q R S T U V W Y