Research Handbook on Law and Diplomacy

Edited by Margaret E. McGuinness, St. John's University School of Law and David P. Stewart, Georgetown University Law Center, US

Contents:

Preface xiv
1 The interdependence of law and diplomacy: introduction to the
Research Handbook on Law and Diplomacy 1
Margaret E. McGuinness and David P. Stewart

PART I HISTORICAL PERSPECTIVES AND CASE STUDIES IN
LAW AND DIPLOMACY
2 Law, diplomacy and German unification 23
Jeremy Hill and Michael Wood
3 Law and diplomacy in the compulsory conciliation between Australia
and Timor-Leste 41
Katrina Cooper
4 Lawyering and the use of force in Libya and Syria operations 61
Mary B. DeRosa

PART II LAW, DIPLOMACY, AND INTERNATIONAL DISPUTE RESOLUTION
5 At the intersection of diplomacy and international law: the ISDS reform
process 84
Chiara Giorgetti
6 Disequilibrium in the multilateral trading system and the (necessary)
return of diplomacy 103
Robert McDougall

PART III LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS
7 The IMF and the evolution of international monetary and financial law 123
Sean Hagan
8 Law and diplomacy at the World Health Organization 138
Steven A. Solomon and Kenneth Piercy

PART IV LAW, DIPLOMACY, AND CIVIL SOCIETY
9 Judicial diplomacy and the global community of law: the federal
judiciary advancing the rule of law abroad 156
The Honorable Sidney H. Stein and Omar Badawi
10 Diplomacy of legal reform at the OAS 174
Luis Humberto Toro Utillano
11 Non-governmental organizations as international law’s diplomats 192
Elizabeth Andersen

PART V LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES
12 Environmental diplomacy: “the elements” 209
Makane Moïse Mbengue and Elena Cima
13 Space law and diplomacy 227
Christopher J. Borgen
14 Law and diplomacy in the business and human rights treaty negotiations 248
Humberto Cantú Rivera and Danielle Anne Pamplona

PART VI DIPLOMACY AND INTERNATIONAL HUMAN RIGHTS LAW
15 Diplomacy and compliance at the Inter-American Commission on
Human Rights 263
Joel Hernández
16 Human rights treaty bodies: law, diplomacy, either or neither 282
Bakhtiyar Tuzmukhamedov

PART VII LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS
17 Lawyer or diplomat? 300
Miguel de Serpa Soares
18 Legal advisers’ professional duties in the diplomatic context 320
Harry Aitken
19 Law as power: advising the state and the practice of diplomacy 340
Mohamed Helal

Index 358