Power and Principle


Book Description

On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.







The International Criminal Court


Book Description

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?




Ruling the World


Book Description

The last few decades have witnessed an extraordinary transfer of policy-making prerogatives from individual nation-states to supranational institutions. If you think this is cause for celebration, you are not alone. Within the academic community (and not only among students of international cooperation), the notion that political institutions are mutually beneficial--that they would never come into existence, much less grow in size and assertiveness, were they not "Pareto-improving"--is today's conventional wisdom. But is it true? In this richly detailed and strikingly original study, Lloyd Gruber suggests that this emphasis on cooperation's positive-sum consequences may be leading scholars of international relations down the wrong theoretical path. The fact that membership in a cooperative arrangement is voluntary, Gruber argues, does not mean that it works to everyone's advantage. To the contrary, some cooperators may incur substantial losses relative to the original, non-cooperative status quo. So what, then, keeps these participants from withdrawing? Gruber's answer, in a word, is power--specifically the "go-it-alone power" exercised by the regime's beneficiaries, many of whom would continue to benefit even if their partners, the losers, were to opt out. To lend support to this thesis, Gruber takes a fresh look at the political origins and structures of European Monetary Unification and NAFTA. But the theoretical arguments elaborated in Ruling the World extend well beyond money and trade, touching upon issues of long-standing interest to students of security cooperation, environmental politics, nation-building--even political philosophy. Bold and compelling, this book will appeal to anyone interested in understanding how "power politics" really operates and why, for better or worse, it is fueling much of the supranational activity we see today.




The Twenty Years' Crisis, 1919-1939


Book Description

E.H. Carr's Twenty Years' Crisis is a classic work in International Relations. Published in 1939, on the eve of World War II, it was immediately recognized by friend and foe alike as a defining work in the fledgling discipline. The author was one of the most influential and controversial intellectuals of the twentieth century. The issues and themes he develops in this book continue to have relevance to modern day concerns with power and its distribution in the international system. Michael Cox's critical introduction provides the reader with background information about the author, the context for the book, its main themes and contemporary relevance. Written with the student in mind, it offers a guide to understanding a complex, but crucial text.




The Constitutionalization of International Law


Book Description

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.




No Place to Hide


Book Description




China's Future


Book Description

China's future is arguably the most consequential question in global affairs. Having enjoyed unprecedented levels of growth, China is at a critical juncture in the development of its economy, society, polity, national security, and international relations. The direction the nation takes at this turning point will determine whether it stalls or continues to develop and prosper. Will China be successful in implementing a new wave of transformational reforms that could last decades and make it the world's leading superpower? Or will its leaders shy away from the drastic changes required because the regime's power is at risk? If so, will that lead to prolonged stagnation or even regime collapse? Might China move down a more liberal or even democratic path? Or will China instead emerge as a hard, authoritarian and aggressive superstate? In this new book, David Shambaugh argues that these potential pathways are all possibilities - but they depend on key decisions yet to be made by China's leaders, different pressures from within Chinese society, as well as actions taken by other nations. Assessing these scenarios and their implications, he offers a thoughtful and clear study of China's future for all those seeking to understand the country's likely trajectory over the coming decade and beyond.




An Introduction to Contemporary International Law


Book Description

Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.