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Author: Daniel Bradlow Publisher: BRILL ISBN: 9004417028 Category : Law Languages : en Pages : 322
Book Description
Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.
Author: Daniel Bradlow Publisher: BRILL ISBN: 9004417028 Category : Law Languages : en Pages : 322
Book Description
Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.
Author: Ryan Goodman Publisher: Oxford University Press ISBN: 0190203250 Category : Political Science Languages : en Pages : 256
Book Description
The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,
Author: Ruth Buchanan Publisher: Oxford University Press ISBN: 0192867369 Category : Business & Economics Languages : en Pages : 865
Book Description
The Oxford Handbook of International Law and Development is a unique overview of the field of international law and development, examining how normative beliefs and assumptions around development are instantiated in law, and critically examining disciplinary frameworks, competing agendas, legal actors and institutions, and alternative futures.
Author: Benoit Mayer Publisher: Oxford University Press ISBN: 0192655752 Category : Law Languages : en Pages : 417
Book Description
Recent years have witnessed exciting developments in international negotiations, litigation, and scholarship about climate change, but doctrinal research in the field remains in its infancy. In particular, little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties, custom, and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions, the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret, they are often more demanding. The second part explores how these general obligations can be applied objectively, for instance by a court, in concrete cases. Instead of an improbable judicial assessment of a state's requisite level of mitigation action, the book shows the possibility of assessing a state's conduct based on the measures that general mitigation obligations entail. These measures relate to corollary duties of cooperation, vigilance, and consistency. This book presents a first comprehensive doctrinal study of states' obligations on climate change mitigation. It shows that such obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and, possibly, human rights treaties. It also explores the interactions between these multiple obligations.
Author: Alina Kaczorowska-Ireland Publisher: Taylor & Francis ISBN: 1000896870 Category : Law Languages : en Pages : 1298
Book Description
The sixth edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Uniquely both a textbook and a casebook, the facts of each case and the details of decisions are succinctly set out, followed by detailed commentary and, where appropriate, a brief explanation of subsequent events. Fully up to date with all recent developments, the sixth edition covers the major areas of public international law and examines the leading cases of the International Court of Justice and other international courts and tribunals, whilst paying attention to judgments of national courts, including the UK Supreme Court, the US Supreme Court, and courts of many other countries when they make challenging or novel contributions to international law. Features designed to support learning include highlighted key cases, introductory chapter overviews and concise outlines, and recommended further reading. New to this edition are study boxes which apply public international law to recent events and examine controversial legal issues in a constructive way, including the ongoing armed conflict between Russia and Ukraine, the murder of Jamal Khashoggi, and the judicial battle of Julian Assange. Diagrammatic aides-mémoires at the end of each chapter have also been updated to further summarise topics covered in that chapter. This book is an ideal learning tool for students of law or political science, practitioners, and legal advisors and provides a clear and straightforward overview for anyone with an interest in international law.
Author: Bradlow Publisher: Oxford University Press ISBN: 0192862820 Category : Business & Economics Languages : en Pages : 257
Book Description
In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens. The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.
Author: Mark Pieth Publisher: Edward Elgar Publishing ISBN: 1802206493 Category : Law Languages : en Pages : 459
Book Description
Presenting the broad spectrum of interdisciplinary academic research on corruption, this essential reference book examines anti-corruption legislation, governance mechanisms, international instruments, and other preventative measures intended to tackle corruption. Including over 100 entries and adopting a comprehensive approach to researching and combating corruption, this Encyclopedia covers the key ideas, concepts, and theories in corruption law.
Author: Mariolina Eliantonio Publisher: Edward Elgar Publishing ISBN: 1839101938 Category : Law Languages : en Pages : 471
Book Description
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
Author: Daniel D. Bradlow Publisher: Pretoria University Law Press ISBN: Category : Law Languages : en Pages : 317
Book Description
About the publication South Africa’s foreign policy makers are facing a substantial challenge. From the advent of the democratic era in 1994 through to the early 2000s, South Africa was a highly respected actor in international affairs with a number of impressive accomplishments in the areas of global governance, peacekeeping and international norm entrepreneurship. However, since that time, the country’s international standing has declined. The value based and innovative foreign policy that earned the early post-apartheid South African government such great international respect has been replaced by a more transactional and tactically driven approach to international affairs. The country’s position as Africa’s leading economy and voice in international affairs is increasingly being challenged by other African states. This book explores how South Africa can develop a foreign policy strategy that is appropriate to the uncertain times in which we live and that both helps the country address its overwhelming domestic challenges of poverty, inequality and unemployment and regain its former high international reputation. The contributors to this book offer analyses and proposals for developing such a strategy within the context of the country’s constitutional order and institutional constraints and that addresses the diverse and complex global and regional aspects of the country’s international relations. Endorsements: “In this valuable book – which should be on every diplomat’s bookshelf - some of SA’s foremost experts offer the government frank and compelling advice on how to conduct a much better foreign policy over the next decade. … The authors challenge Pretoria to muster all the country’s assets and skills – and not just those of the ruling party – to pursue only the most important foreign policy goals. And to be guided always by the lodestar of the Constitution.” Peter Fabricius, Foreign Policy Analyst, former Foreign Affairs Editor at Independent Newspapers. “In this one-of-a-kind book of twelve chapters by emerging and experienced scholars, the authors probe into factors shaping South African foreign policy, lessons learned and the future strategy of the country’s foreign policy in an ever-changing world. A compelling read for policy makers and scholars.” Ambassador Prof Iqbal Jhazbhay, University of South Africa, Member of the ANC’s N.E.C. International Relations Sub-Committee & former SA Ambassador to Eritrea “This volume deserves to become a go-to classic on South African foreign policy. Its in-depth analysis will appeal to established experts in this area; its breadth will engage newcomers; its insights will be useful to scholars and practitioners alike.” Professor Amrita Narlikar, President, German Institute for Global and Area Studies (GIGA) “This book offers compelling insights on South Africa’s foreign policy ... These varied pieces provide textured and critical perspectives that may help open up an avenue to re-imagine South Africa’s foreign policy afresh in the post-Zuma years. It is a compendium that should appeal to scholars of international relations, practitioners of foreign policy, and the broader policy community.” Professor Mzukiso Qobo, Head, School of Governance, University of the Witwatersrand “This nuanced and richly detailed volume offers the reader superb analyses of South Africa’s foreign policy ... The authors’ contributions ... present both theoretical considerations and specific policy recommendations, which make the book highly useful for both scholars and policy makers ... Each chapter is thus certain to significantly contribute to promoting the public debate about South Africa’s place in the world.” Professor Oliver Stuenkel, Fundação Getulio Vargas (FGV) Table of Contents ACKNOWLEDGMENTS CONTRIBUTORS Defining a South African foreign policy for the 2020s: Challenges, constraints and opportunities by Daniel D. Bradlow, Elizabeth Sidiropoulos & Luanda Mpungose Foreign policy under the Constitution by Jonathan Klaaren & Daiyaan Halim The courts and foreign policy powers by Nicole Fritz Overcoming bureaucratic and institutional challenges in South African foreign policy making by Arina Muresan & Francis Kornegay South Africa’s security interests in Africa: Recommendations for the 2020s by Aditi Lalbahadur & Anthoni van Nieuwkerk South Africa’s peace and security interests beyond the continent by Garth Le Pere & Lisa Otto Regional integration and industrial development in Southern Africa: Where does South Africa stand? by Maria Nkhonjera & Simon Roberts South Africa and African continental economic integration in the 2020s by Lumkile Mondi Negotiating climate change in an increasingly uncertain global landscape: Is there light at the end of the tunnel? by Ellen Davies, Saliem Fakir & Melisha Nagiah Reforming the institutions of global economic governance and South Africa by Cleo Rose-Innes Challenges and opportunities for non-traditional diplomacy by Fritz Nganje & Letlhogonolo Letshele Lessons learned and the path forward by Daniel Bradlow, Elizabeth Sidiropoulos & AnaSofia Bizos APPENDIX INDEX
Author: Daniel Bradlow
Author: Daniel Bradlow
Author: Ryan Goodman
Author: Ruth Buchanan
Author: Benoit Mayer
Author: Alina Kaczorowska-Ireland
Author: Bradlow
Author: Mark Pieth
Author: 
Author: Mariolina Eliantonio
Author: Daniel D. Bradlow