Between peril and promise : the politics of international law / J. Martin Rochester.
2012
KZ3410 .R63 2012 (Map It)
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Details
Author
Title
Between peril and promise : the politics of international law / J. Martin Rochester.
Published
Thousand Oaks, Calif. : CQ Press, [2012]
Copyright
©2012
Call Number
KZ3410 .R63 2012
Edition
Second edition.
ISBN
9781608717101 (pbk.)
1608717100 (pbk.)
1608717100 (pbk.)
Description
xii, 372 pages : illustrations ; 23 cm
System Control No.
(OCoLC)753351152
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Table of Contents
Preface to the Second Edition
xi
I.
Introduction: Putting International Law in Proper Perspective, or Putting Your Legal Prototypes Aside
1
1.
International Law and International Politics
3
The Relevance of International Law
5
The Challenge
12
Box 1.1
International Law in Action: Hamdan v. Rumsfeld
15
2.
The Great Paradigm Debate: Realism, Idealism, and Other Schools
18
The Realist Paradigm
20
The Idealist (Liberal) Paradigm
27
Bridging the Realist-Idealist Divide
36
The Constructivist Paradigm and Other Schools of Thought
38
Box 2.1
International Law in Action: Reparation for Injuries Suffered in the Service of the United Nations
41
3.
Is International Law Really Law, or a Charade?
44
Is International Law Really Law?
47
The Making of International Law: Where Does the Law Come From?
48
The Breaking of International Law: How Is the Law Enforced?
59
The Adjudicating of International Law: Who Are the Judges?
64
The Verdict on International Law
68
Box 3.1
International Law in Action: The Paquete Habana
70
II.
International Law at Work: Shooting Pool and Pooling Sovereignty
75
4.
Jurisdiction: The Allocation of Legal Competences over Places and Persons on Land, at Sea, and in the Air and Outer Space
77
Bases of Jurisdiction
80
Acquisition of Title to Territory
87
Conclusion
102
Box 4.1
International Law in Action: The S.S. Lotus
104
5.
Human Rights: What Happened to Sovereignty?
107
Treatment of Aliens
109
Treatment of Citizens
113
Human Rights Challenges in the Twenty-First Century
125
Conclusion
131
Box 5.1
International Law in Action: The LaGrand Case
132
6.
War and Peace: Do We Need New Rules for an Old Problem?
137
The Changing Nature of Global Violence
143
War and the Evolution of International Law
156
Conclusion
179
Box 6.1
International Law in Action: Case Concerning Military and Paramilitary Activities in and against Nicaragua
181
7.
International Economic Relations and International Law: Regulating States and Markets
185
The Changing Nature of International Political Economy: The Contest between Economic Nationalism (States) and Liberal Internationalism (Markets)
194
International Regimes and Economic Order
203
International Regimes and Economic Justice
215
Conclusion
220
Box 7.1
International Law in Action: Measures Affecting the Cross-Border Supply of Gambling and Betting Services
223
8.
International Environmental Law: Protecting the Biosphere
226
Environmental Politics and Law in Historical Perspective
230
The Range and Nature of Environmental Regimes
236
Compliance and Effectiveness
245
Ecopolitics
246
Conclusion
253
Box 8.1
International Law in Action: Trail Smelter Case
255
III.
Conclusion: A Summation of the Argument
259
9.
The Future of International Politics, International Law, and Global Governance
261
A Few Observations about the Observance of International Law
265
Strengthening the Rule of Law in International Politics
276
Between Peril and Promise
279
Endnotes
281
Appendix A
Questions for Study and Discussion
335
Appendix B
Table of Cases
343
Appendix C
Resources for Researching International Law: Web Sites, Casebooks and Reference Works, and Readings
351
Index
359