Between Peril and Promise : The Politics of International Law

by Rochester, J. Martin

• ISBN13: 9781933116495
• ISBN10: 1933116498
• Format: Paperback
• Copyright: 2006-02-28
• Publisher: Cq Pr

Summary

What is your casebook leaving out?The larger, contested role of international law within the study of international politics.States guard their sovereignty, resisting the idea of &BAD:"global governance,&BAD:" especially in the face of intensifying globalization that has fostered ever more economic and social interdependence. Despite sovereign concerns, international law is far more than a utopian ideal, Rochester argues; rather, it is a very real part of world affairs that is shaped by international politics and, in turn, shapes relations between states.In vibrant prose, Rochester explores the role of international law in international affairs, moving beyond a purely legal approach to the topic. He begins with the substantive rules of international law and then examines its development and operation in five major sectors&BAD:-human rights; war and peace; the international economy; the law of the sea, airspace, and outer space; and international environment law&BAD:-all through the lens of international relations theory. Supported by the latest scholarly research and supplemented with instructive case studies, illustrative photos and cartoons, and meaningful discussion questions, this book seeks to spark interest in a subject with a rich history of great contemporary importance and with increasing relevance to our lives. www.cqpress.com/cs/RochesterWant full text of cases and treaties?For ease of use and reference, a companion website to the book offers an annotated case list with links to the cases and treaties mentioned and analyzed throughout the text. This case list, along with a compilation of resources for further research, can also be found in the book&BAD:rs"s appendix.Moot Court Simulation: The Great Tuna Boat ChaseAlso on the book&BAD:rs"s website, instructors can find a hypothetical case based on a skirmish between U.S. fishing boats and Ecuadorian military gunboats in a dispute of territorial vs. international waters. Rochester offers guidelines for setting up and overseeing mock legal proceedings for this fun and enlightening &BAD:"tuna boat&BAD:" case in your classroom.

Table of Contents

Preface	ix
I Introduction: Putting International Law in Proper Perspective, or Putting Your Legal Prototypes Aside	1	(52)
1. International Law and International Politics	3	(10)
The Relevance of International Law	5	(4)
The Challenge	9	(4)
2. The Great Paradigm Debate: Realism, Idealism, and Other Schools	13	(19)
The Realist Paradigm	15	(6)
The Idealist (Liberal) Paradigm	21	(6)
Bridging the Realist-Idealist Divide	27	(2)
The Constructivist Paradigm and Other Schools of Thought	29	(3)
3. Is International Law Really Law, or a Charade?	32	(21)
Is International Law Really Law?	34	(1)
The Making of International Law: Where Does the Law Come From?	35	(8)
The Breaking of International Law: How Is the Law Enforced?	43	(4)
The Adjudicating of International Law: Who Are the Judges?	47	(4)
The Verdict on International Law	51	(2)
II International Law at Work: Shooting Pool and Pooling Sovereignty	53	(128)
4. Human Rights: What Happened to Sovereignty?	55	(20)
Treatment of Aliens	56	(3)
Treatment of Citizens	59	(10)
Human Rights Challenges in the Twenty-First Century	69	(4)
Conclusion	73	(2)
5. War and Peace: Do We Need New Rules for an Old Problem?	75	(34)
The Changing Nature of Global Violence	79	(10)
War and the Evolution of International Law	89	(17)
Conclusion	106	(3)
6. International Economic Relations and International Law: Regulating States and Markets	109	(30)
The Changing Nature of International Political Economy: The Contest between Economic Nationalism (States) and Liberal Internationalism (Markets)	116	(7)
International Regimes and Economic Order	123	(9)
International Regimes and Economic Justice	132	(4)
Conclusion	136	(3)
7. The Law of the Sea, Air, and Outer Space: Negotiating Troubled Waters and Other Territorial Issues	139	(20)
Bases of Jurisdiction	140	(5)
Acquisition of Title to Territory	145	(12)
Conclusion	157	(2)
8. International Environmental Law: Protecting the Biosphere	159	(22)
Environmental Politics and Law in Historical Perspective	162	(4)
The Range and Nature of Environmental Regimes	166	(6)
Compliance and Effectiveness	172	(2)
Ecopolitics	174	(5)
Conclusion	179	(2)
III Conclusion: A Summation of the Argument	181	(18)
9. The Future of International Politics, International Law, and Global Governance	183	(16)
A Few Observations about the Observance of International Law	186	(8)
Strengthening the Rule of Law in International Politics	194	(3)
Between Peril and Promise	197	(2)
Endnotes	199	(40)
Appendix A. Questions for Study and Discussion	239	(6)
Appendix B. Table of Cases	245	(8)
Appendix C. Resources for Researching International Law: Web Sites, Casebooks and Reference Works, and Readings	253	(6)
Index	259