Reciprocity in International Law


Book Description

In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.










Three-way Street


Book Description

How can the world's most powerful nations cooperate despite their conflicting interests? In Three-Way Street, Joshua S. Goldstein and John R. Freeman analyze the complex intersection defined by relations among the United States, the Soviet Union, and China over the past forty years. The authors demonstrate that three major schools of international relations theory--all game-theoretic, psychological, and quantitative-empirical approaches--have all advocated a strategy that employs cooperative initiatives and reciprocal responses in order to elicit cooperation from other countries. Critics have questioned whether such approaches can model how countries actually behave, but Goldstein and Freeman provide a wealth of detailed empirical evidence showing the existence and effectiveness of strategic reciprocity among the three countries between 1948 and 1989. Specifically, they establish that relations among the three countries have improved in recent decades through a "two steps forward, one step back" pattern. Their innovative and remarkably accessible synthesis of leading theoretical perspectives brilliantly illuminates the nature and workings of international cooperation.




Cooperation and Protracted Conflict in International Affairs


Book Description

This book addresses two main questions: under what conditions does reciprocity fail to produce cooperation?; and when do reciprocal dynamics lead to negative, instead of positive, cycles? Answering these questions is important for both scholars and practitioners of international negotiations and politics. The main argument of this project is that positive tit-for-tat (TFT) and negative reciprocal cycles are two possible outcomes originating from the same basic process of reciprocity. It is important to acknowledge both possibilities and understand when a situation is going to develop into one or the other outcome. The study then calls for a broader discussion of reciprocity in international relations (IR). Specifically, IR should include the negative and more problematic side of reciprocity. To exemplify this, the book provides a detailed analysis of two case studies: border and maritime disputes between China and Vietnam; and Mexico and Guatemala.




Diplomatic Law


Book Description

The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.







Principles of International Relations


Book Description

This is a primer on the key theories used to analyze world politics. The authors introduce students to both canonical and alternative theoretical perspectives ranging from realism, liberalism and constructivism to gender theories, critical theories and globalization.




Reciprocity and China’s Transboundary Waters


Book Description

Utilizing the principle of reciprocity, Reciprocity and China’s Transboundary Waters: The Law of International Watercourses analyses the past, present and future of the law of international watercourses with a particular focus on China. As a legal principle, reciprocity plays a strong role in the formation, interpretation and maintenance of international law. Implementing this framework, the book examines the development of the law of international watercourses, highlighting how this basic legal principle is a foundational notion. It applies the framework to China and offers insights into one of the most important transboundary states in Asia. As a primarily upstream state, China is of great significance to its transboundary neighbours; however, there remain significant hurdles, misunderstandings and mistrust between China and its neighbours. China is faced with a complex challenge - how to meet its own development needs while also taking into consideration its primarily downstream neighbours? By focusing on this prominent state this work not only fosters a greater understanding of the law of international watercourses within China, but also clarifies and challenges current perceptions of China’s transboundary water treaty practice. More generally, the book provides a past, present and future view on international watercourse law, starting with an analysis of the UN Watercourses Convention and UNECE Water Convention leading to a discussion of reciprocity’s continued influence as well as charting a path forward. This book will be of great interest to legal students and scholars with an interest in international watercourses, environmental politics and international law, as well as students and scholars interested in Chinese politics and natural resource management and conflict.




Diplomacy and International Law in Globalized Relations


Book Description

Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.