Fault Lines of International Legitimacy

Author: Hilary Charlesworth
Publisher: Cambridge University Press
ISBN: 113948270X
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Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and the national level? One of the central messages of the book is that, although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations.

The Legitimacy of International Criminal Tribunals

Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1316943151
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With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

International Environmental soft law

Author: Jürgen Friedrich
Publisher: Springer Science & Business Media
ISBN: 3642449468
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In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

International Law And Armed Conflict Exploring the Faultlines

Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154280
Format: PDF, ePub
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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

International Legitimacy and World Society

Author: Ian Clark
Publisher: OUP Oxford
ISBN:
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This is a study of the theory and history of international norms. How does international society come to adopt certain norms in particular? This book shows how ideas of international legitimacy have evolved, and makes us rethink the nature of international society.

Democracy s Deep Roots

Author:
Publisher: Palgrave MacMillan
ISBN:
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Does the democratic nation state remain a legitimate regime form in the current age of globalization? This book uses a novel, analytical approach to probe this topical question, drawing on a comparative study of legitimation discourses in the media of four Western democracies (Switzerland, Germany, Britain, and the United States.)

Local Legitimacy in Peacebuilding

Author: Birte Julia Gippert
Publisher: Routledge
ISBN: 1351695746
Format: PDF, ePub
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This book analyses the role of legitimacy in explaining local actors’ compliance with international peacebuilding operations. The book provides a comparative, micro-level study of local actors’ reasons for compliance with or resistance to international peacebuilding. Specifically, it analyses three pathways to compliance –legitimacy, coercion, and reward-seeking – to explore local police officers’ compliance with the reforms stipulated by the EU Police Mission in Bosnia and the EU Rule of Law Mission in Kosovo. The work constructs a holistic framework of the mechanisms connecting each pathway to compliance and measures legitimacy using micro-level indicators. This study not only shines light on the question why local actors comply, a crucial factor in mission effectiveness, but it also illuminates exactly how compliance works. The book contributes nuanced evidence about the often-heralded importance of legitimacy in peacebuilding, showing exactly in which situations local legitimacy matters and in which it does not. It is also highly relevant for policy-makers as it unpacks and explains the mechanisms behind local legitimacy, assisting in understanding this usually nebulous concept. This book demonstrates the need for micro-level analysis by revealing the relevant processes of legitimation usually hidden behind commonly perceived social fault lines, such as the Serb-Albanian divide in Kosovo. This book will be of much interest to students of peacebuilding, war and conflict studies, Balkans politics, security studies and International Relations.