Tracing Value Change in the International Legal Order


Book Description

International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.




Is International Law International?


Book Description

This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.




The Authority of the International Committee of the Red Cross


Book Description

This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.




Research Handbook on International Law and Domestic Legal Systems


Book Description

This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.




Tracing Value Change in the International Legal Order


Book Description

International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.




Arms Transfers to Non-State Actors


Book Description

This insightful book analyses the issue of norm erosion in international law by examining arms transfers to non-state actors. Balancing empirical research with legal theory, the author dissects recent case studies, tracing individual changes in norms against a background of systemic transformation.







The Environment in Global Sustainability Governance


Book Description

Available Open Access digitally under CC-BY-NC-ND licence. With Agenda 2030, the UN adopted wide-ranging Sustainable Development Goals (SDGs) that integrate development and environmental agendas. This book focuses on the political tensions between the environmental objectives and socio-economic aspects of sustainable development. The collection provides an introduction to interlinkages, synergies and trade-offs between the ‘green’ and other goals, such as gender equality and economic growth. It also considers related goals on cities and partnerships as crucial for implementing environmentally sound sustainability. Identifying governance failures and responsibilities, it advocates for a shift towards cooperative economics and politics for the common good.




International Sanctions in Practice


Book Description

This book addresses key aspects relating to the use of international sanctions by assembling contributions from different fields of expertise with a view to providing readers with an interdisciplinary perspective. Unilateral or plurilateral restrictive measures, commonly referred to as “sanctions”, by States or regional organizations have been acquiring an enormous practical importance in the last decades, leading also to the institution of a European Union’s sanctioning mechanism of its own. In addition to that, the war in Ukraine, triggered by the Russian aggression, has given them an unprecedented visibility, including in the mainstream media. The matter nevertheless remains particularly complex, given its diverse implications from a legal as well as from an economic-financial point of view, and not least in a political perspective. This book follows up the workshop that was held at the University of Florence on 9-10 December 2021 and collects original contributions from promising or acclaimed, leading experts on sanctions. Each part of the book is devoted to three main themes: legality and legitimacy; extraterritorial implications; and effectiveness. These parts consist of a “dialogue” between experts from different fields. The book explores the legal basis of sanctions and how this impacts their legitimacy and the perception of their legitimacy. It considers the complex implications of the extraterritorial effects that sanctions often produce or are even intended to produce, as well as how effective they are in relation to different underlying aims. It is hardly possible to tackle such key questions through a unique disciplinary lens. This book thus represents an invitation to scholars, experts and decision-makers to adopt an interdisciplinary approach that can no longer be eluded.




Contesting the World


Book Description

Introduces an interpretation-contestation framework for comprehending the emergence, transformation, and legitimacy of international norms.