Is International Law Even Law?
International Law from an International Relations Perspective
Seiten
2021
Lexington Books (Verlag)
978-1-7936-2871-8 (ISBN)
Lexington Books (Verlag)
978-1-7936-2871-8 (ISBN)
This text challenges students to understand the concepts of international law in order to apply these concepts to specific cases for the purpose of taking a position on existing political and legal debates within the fields of international law and international studies.
International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.
International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.
Leah L. Carmichael is lecturer in the department of International Affairs at the University of Georgia.
Chapter 1: Anatomy of a Legal Argument
Chapter 2: States in International Law
Chapter 3: Quasi-States in International Law
Chapter 4: Treaties
Chapter 5: International Customary Law
Chapter 6: General Principles
Chapter 7: Subsidiary Sources
Chapter 8: Dispute Resolution Mechanism
Chapter 9: Territorial Claims
Chapter 10: The Use of Force
Chapter 11: International Humanitarian Law
Chapter 12: International Criminal Law
Chapter 13: International Human Rights Law
Erscheinungsdatum | 10.05.2021 |
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Verlagsort | Lanham, MD |
Sprache | englisch |
Maße | 162 x 228 mm |
Gewicht | 558 g |
Themenwelt | Recht / Steuern ► EU / Internationales Recht |
Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik | |
Sozialwissenschaften ► Politik / Verwaltung ► Vergleichende Politikwissenschaften | |
ISBN-10 | 1-7936-2871-8 / 1793628718 |
ISBN-13 | 978-1-7936-2871-8 / 9781793628718 |
Zustand | Neuware |
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