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International Law Theories
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any pe...
Entangled Asylum in the Nordic Region
What happens when international human rights norms confront the practical realities of asylum decision-making? This book offers a bold examination of how institutional dynamics and human rights oversight shape the intricate mechanisms behind asylum adjudication. By framing asylum law as an ‘entangled regime’, the author uncovers how national decision-makers interpret, apply, and contest norms of national, international, and institutional origin, offering invaluable insights into the evolving landscape of migrants’ rights. Through this socio-legal lens, it focuses on the Nordic countries – a region with a long history of compliance but increasingly marked by anti-immigrant politics and policy experimentation. As political pressures bear down against decades of rights-focused legal consolidation, a critical testing ground emerges where international law faces some of its most rigorous challenges.
Beyond Constitutionalism
Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they...
Global Regulatory Standards in Environmental and Health Disputes
This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
Patents and Global Administrative Law
The book applies values and concepts from Global Administrative Law (GAL) to international patent law, demonstrating how limiting technocratic and overly economic language can be. Highlighting the administrative foundations of patent law, the book argues that, in its international form, it can be analysed using the same principles of participation, transparency, and accountability found in national administrative law. At the heart of the book is a simple question: What does international patent law look like when we approach it through the lens of these values? What is being left out when patent law is described predominantly in terms of its technical legal provisions or economic impact? The...
Between the Rule of Power and the Power of Rule in Search of an Effective World Order
The book discusses different models of world order, traditional and modern. Any practical application of the concept at issue will be affected by the prevailing power structure, and to some degree, reflect it. The reality of American preeminence in the world today needs to be reconciled with the demand for international legitimacy.
The International Criminal Court Controversy
"The United States' opposition to the International Criminal Court (ICC) has developed into the epitome of fierce controversy concerning the international legal order in the 21st century. This volume represents an analysis of both the legal objections asserted by the involved U.S. administrations as well as a set of political motives the author considers likely to underlie their opposition. Fostering mutual understanding is the pre-condition for achieving an ease of tension in the future - which is in the very interest not only of the ICC and its States Parties, but also of the United States."--BOOK JACKET.
The Many Paths of Change in International Law
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting th...
Asia-Pacific Geopolitics
Despite significant cultural exchange, mutual trust and understanding remains fragile between Asia-Pacific countries. The community faces complex and seemingly intractable problems: violent civil conflicts, geopolitical tensions and economic uncertainties, proliferation of nuclear weapons and flashpoints that may lead to war. The authors of this book argue that common reflection and dialogue is imperative. Their achieved aim is to bring together distinguished scholars and experts on public policy, social ethics, defence, human security and sustainability to consider the future of the Asia-Pacific region and appropriate responses by both states and civil society.
