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Norms research in international relations has developed sufficiently over the past thirty-five years to become its own sub-discipline within the field. It has its own corresponding 'toolbox' of concepts, approaches, and methods which have often resulted from debates representing distinct perspectives on how norms matter for IR as a field and for global international relations more generally. Even so, three groups of enduring questions continue to sit at the heart of norms research: first, the processes by which norms emerge, change or disappear, on the one hand, and by which they are contested, violated, diffused, or replaced on the other; second, the agency of actors at sites on the macro-,...
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigation...
When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.
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The Many Paths of Change in International Law analyses drivers, conditions, and consequences of change across the different fields of international law. Tracing change processes and the conditions that facilitate and hinder their success, the book paints complex and varied picture of an international legal order in flux.
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