The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
74 Hugo Grotius, The Freedom of the Seas, ed. and trans. Ralph Van Deman Magoffin, (New York: Oxford University Press, 1916). 75 Karl Zemanek, 'Was Hugo Grotius Really in Favour of the Freedom of the Seas?
Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.
1 Åhman, Joachim, Trade Liberalisation, Health Protection, and the Burden of Proof in WTO Law (Göteborg: Handelshögskolan vid Göteborgs universitet, 2011), p. 104; Tallberg and McCall Smith, 2012, pp. 2–3. 2 Finlayson and Zacher, 1983, ...
International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.
ere thus emerges an ongoing dynamic between three dimensions of contract governance – the doctrines and implementation ... In this next section, I identify the crucial tool of “party autonomy” in international contracting, examine its ...
This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality.
12 On growing judicial power, see Cappelletti (1989); Hirschl (2004); Lindseth (2010); Stone Sweet (2000). On judges drawing on trust and diffuse support for the rule of law, see Gibson and Caldeira ...
In this thoughtful book, Ian Hurd provides an insightful analysis of the relationship between norms and politics, as well as law and power.
This book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of ...
See also S.J. Toope, “Emerging Patterns of Governance and International Law,” in M. Byers (ed.), The Role of Law in International Politics – Essays in International Relations and International Law (Oxford: Oxford University Press, ...