‘No Topic Has Been the Subject of More Confusion’: Two Books on the Relationship between International Politics and Law

2007 ◽  
Vol 20 (3) ◽  
pp. 717-728
Author(s):  
MAARTEN ROTHMAN
Keyword(s):  
International Relations ◽  
International Law ◽  
International Politics ◽  
World Peace ◽  
Cambridge University ◽  
Oxford University ◽  
Peace And Security ◽  
The Subject ◽  
Politics And Law ◽  
The Relationship

Jack L. Goldsmith and Eric A. Posner, The Limits of International Law, Oxford, Oxford University Press, 2005, ISBN-13: 9780195314175, ISBN-10: 0195314174, 272 pp., £11.99 (pb).Thomas J. Schoenbaum, International Relations: The Path Not Taken. Using International Law to Promote World Peace and Security, Cambridge, Cambridge University Press,2006, ISBN-13: 9780521681506, ISBN-10: 0521681502, 320 pp., £16.99 (pb).

Why Comparative International Law Needs International Relations Theory

2018 ◽  
Author(s):  
Daniel Abebe
Keyword(s):  
International Relations ◽  
International Law ◽  
International Politics ◽  
Institutional Design ◽  
International Relations Theory ◽  
Conventional Wisdom ◽  
The Other ◽  
The Relationship

This chapter challenges the conventional wisdom that international relations theory has nothing to offer scholars interested in comparative international law. It argues that comparativists should not underestimate the value of international relations theory in explaining how and why certain states adopt particular interpretations of international law. While international relations theory cannot explain the evolution of specific doctrines, it can be very useful in understanding the general approaches to international law that states embrace. The chapter develops the connection between domestic institutional design and the interpretation of international law on one side, and realism, institutionalism, and liberalism on the other. It argues that greater consideration of the relationship among power, domestic institutional design, and international relations theory paradigms will not only prove fruitful for the comparative international law project but also for those thinking about the aims of international law and the operation of international politics.

Правопреемство в международном праве после распада СССР

2021 ◽  
pp. 134-142
Author(s):  
Vitaly Goncharov ◽  
Анна Попова
Keyword(s):  
International Relations ◽  
International Law ◽  
Russian Federation ◽  
International Organizations ◽  
Legal Basis ◽  
International Obligations ◽  
The Subject ◽  
The Russian Federation ◽  
The Relationship ◽  
Vast Territory

After the collapse of the USSR, a huge superpower that occupied one sixth of the land, the question of succession arose before the states that were part of it. The USSR occupied a vast territory, participated in international obligations, had debts, was a member of international organizations. It was obvious that the relationship between the newly formed states depended on how it was possible to divide the “legacy” of the USSR. The USSR took an active position at the international level, was engaged in the development of weapons. The issue of dividing all assets and liabilities worried the entire international community. His decision was difficult, and the legal basis for making decisions on succession did not seem to everyone to be indisputable. At present, it is obvious to everyone that the Russian Federation became the main heir of the USSR, it was the Russian Federation that continued the policy of the USSR, continued to participate in international relations and in the fulfillment of obligations, despite the equality of all states that were part of the USSR. The issues of the succession of the USSR and Russia are the subject of study of modern international law. Within the framework of this article, some aspects of the indicated topic will be highlighted.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

Introduction - Ruptures in International Law

2012 ◽  
Vol 13 (5) ◽  
pp. 466-467
Author(s):  
Ignacio de la Rasilla Y del Moral
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Theory ◽  
Harmonious Society ◽  
Berlin Wall ◽  
Cambridge University ◽  
Rogue States ◽  
Bush Doctrine ◽  
Current State ◽  
Insightful Analysis

The papers gathered under this special issue draw on presentations from the International Legal Theory Workshop under the auspices of the 4th Conference of the European Society of International Law, which was held at Cambridge University in September 2010. The essays cover some key developments in international law since the fall of the Berlin Wall. In the pages that follow, you will find an examination of the rise of the notion of ‘harmonious society’ in China as well as an insightful analysis of how this concept can influence international law; a detailed study of the regime of responsibility of international organizations that has gained momentum in the wake of the proliferation of international organization since 1989; a proposal for a fiduciary theory of international human rights, conceived as an alternative model to post-9/11, interest-balancing approaches in the field of national security law; and a reflection on the endurance of the notion of rogue states and state-criminalizing approaches to international relations, beyond the confines of the Bush doctrine. These essays are started off by two papers that address, from different angles, the current state of theorizing of international law.

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