Foreign International Law

Anarchy & Order: The Interplay of Politics and Law in by James C. Hsiung

By James C. Hsiung

It is a research of the political parameters of overseas legislations and, conversely, the law's relevance and succeed in in foreign politics. on the theoretical point, it bridges the competing dominant paradigms - neorealism and neoliberalism - within the modern IR literature.

Show description

Read Online or Download Anarchy & Order: The Interplay of Politics and Law in International Relations PDF

Similar foreign & international law books

Humanitarian Intervention and International Relations

May still states use army strength for humanitarian reasons? renowned students and pros come jointly during this booklet to supply useful and theoretical solutions to this burning query. Case reviews comprise Somalia, Rwanda, the Balkans, and East Timor, in addition to the new U. S. intervention in Afghanistan.

Law and Ethnic Plurality (Immigration and Asylum Law and Policy in Europe)

The large-scale institution of ethnic minorities and diasporic groups in Europe has won the eye of social technology students for a couple of a long time now. even if, felony curiosity during this box has remained particularly underdeveloped.

Sanctions, Accountability and Governance in a Globalised World (Connecting International Law with Public Law)

This e-book is the 1st in a sequence studying how public legislation and foreign legislations intersect in 5 thematic components of world value: sanctions, worldwide healthiness, setting, circulation of individuals and safety. until eventually lately, foreign and public legislations have normally overlapped in discussions on how foreign legislation is applied locally.

International Maritime Security Law

Overseas Maritime safeguard legislation , by way of James Kraska and Raul Pedrozo, defines an rising interdisciplinary box of legislation and coverage created from norms, felony regimes, and ideas to handle modern day hybrid threats to the worldwide order of the oceans

Extra resources for Anarchy & Order: The Interplay of Politics and Law in International Relations

Example text

S . -Mexican treaty, the 32 INTERNATIONAL LAW International Boundary Commission was created to facilitate the carrying out of the principles contained in the treaty. But whether or not such a body exists is not always a good guide for identifying the existence of a regime. For example, we may speak of a "regime" on the prohibition of the use of force having been in existence since 1 928, quite independent of either the League of Nations or the United Nations. , the Saavedra Lamas Treaty signed by Latin American states in 1 933), together have sought to outlaw the use of force.

But their dim view of international law can be deduced from their silence on the subject and, more important, their premises about self-help and power, leaving no room for international law. With regard to the latter, they have inherited the Morgenthalian "iron law" of power in international politics. I use Morgenthalian with reference to the Realist, and hence Neorealist, bifurcation of power and law, because not every modern Realist agreed on this point. Edward Hallett Carr ( 1 939), for example, simply spoke of the overestimation of internation­ al law and legal institutions by IR scholars during the League of Nations years .

In the conduct of their external relations, the only possible solutions to the Prisoner 's Dilemma are through third-party intercession, collective action, and institutions. To elaborate briefly, first, since states are sovereigns and hence enjoy juridical equality, no state can impose its will on any other state. Third­ party intercession is the best substitute for the mediatory power of a central authority. Thus, international law provides for various modes of dispute settlement entailing the services of a third party, be it a mediator, an arbitra­ tor or a tribunal (see Chapter 4) , or the intervening role of an international organization such as the United Nations (see Chapter 1 0).

Download PDF sample

Rated 4.57 of 5 – based on 40 votes