Invitation to the sociology of international law / Moshe Hirsch.
2015
KZ1251 .H575 2015 (Map It)
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Details
Author
Title
Invitation to the sociology of international law / Moshe Hirsch.
Published
Oxford, United Kingdom : Oxford University Press, 2015.
Call Number
KZ1251 .H575 2015
Edition
First edition.
ISBN
9780199688111 (hardback)
0199688117 (hardback)
0199688117 (hardback)
Description
xviii, 218 pages ; 24 cm
System Control No.
(OCoLC)910535821
Summary
"This volume] aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges."--Jacket.
Bibliography, etc. Note
Includes bibliographical references (pages 187-213) and index.
Record Appears in
Table of Contents
Table of Cases
xi
Table of Treaties and other Instruments
xiii
List of Abbreviations
xvii
1.
Introduction: The Sociological Dimension of International Law
1
I.
Invitation
1
II.
Sociological Perspective
3
III.
Law, International Law, and Culture
9
IV.
Social Constructivist Approach in International Relations Theory
11
V.
Methodology, Structure, and Outline
13
2.
Sociological Theories: Regional and Global Trade Agreements
17
I.
Introduction
17
II.
Sociology of International Economic Law
20
III.
Regulation of Regional Trade Agreements in the WTO Legal System
22
IV.
Sociological Analysis of RTAs
31
V.
Symbolic Interactionism as a Point of Departure
41
VI.
Concluding Remarks
45
3.
Collective Memory and International Law
46
I.
Introduction
47
II.
Collective Memory
48
III.
International Law and Collective Memory
52
IV.
Germany's Collective Memory, EMU Law, and the EU's Legal Response during the Debt Crisis
58
V.
Argentina's Collective Memory, the Calvo Doctrine, and Compliance with ICSID Awards
72
VI.
Concluding Remarks
88
4.
Social Identity, International Groups, and International Law
91
I.
Introduction
91
II.
Social Identity
93
III.
Identity in International Relations
102
IV.
Social Identity and International Law
104
V.
Concluding Remarks
126
5.
Diffusion of Norms and its Limits: Socio-Legal Fragmentation, Investment Tribunals, and Human Rights Law
128
I.
Introduction
129
II.
Socio-Cultural Factors, Foreign Investment, and International Investment law
130
III.
International Legal Diffusion and Fragmentation: Investment Law and Human Rights Law
132
IV.
Communities, Socio-Cultural Distance, and Legal Fragmentation
141
V.
Dynamic Socio-Cultural Aspects and Future Diffusion of Human Rights Norms
153
VI.
Concluding Remarks
155
6.
Deviance and Conformity with International Law
157
I.
Introduction
158
II.
Compliance and the Inter-Paradigm Debate
159
III.
Sociology of Deviance and International Social Control Mechanisms
163
IV.
Social Causes of International Deviance
168
V.
Enhancing Compliance with International Law
178
VI.
Concluding Remarks
183
7.
Some Conclusions
185
Selected Bibliography
187
Index
215