International Law for International Relations

Contents
Preface
Guided tour of Learning Features
Guided tour of the Online Resource Centre
Contributors
Abbreviations
List of boxes
List of tables
List of case studies
PART I: STUDYING INTERNATIONAL LAW
1 International law and international relations: foundations for interdisciplinary study
Introduction
What is international law?
The relationship between international law and international relations
Why study international law?
Conclusion
2 Perspectives on international law in international relations
Introduction
Realism
Liberalism
Institutionalism
Constructivism
Marxism, Feminism, and Critical Theory
Conclusion
3 Basic principles of international law: a historical perspective
Introduction
The birth of modern international law: the sixteenth century
The Congress of Vienna: international law from 1815–1914
The League of Nations: international law from 1919–1939
The United Nations: 1945 to the present
Conclusion
4 Perspectives on international relations in international law
Introduction
What is international law?
The purpose of international law
The relevance of theories of international law in international relations
Conclusion
PART II: IDENTIFYING INTERNATIONAL LAW
5 International treaties
Introduction
Why do states make treaties?
The relationship between treaties, customary international law, and the concept of ius cogens
The making of treaties
Universality or integrity? Reservations to treaties
Application, interpretation, and the position of third states
Amending a treaty
Ending international treaties
Conclusion
6 Customary international law
Introduction
What rules govern the formation of CIL? The conduct-centred model
The CIL approach to state behaviour: states as agents with legal motivations
What are the material sources of CIL?
Identifying particular rules of CIL: the tipping point
(Why) do states comply with CIL?
Conclusion
7 Non-governmental organizations and international law
Introduction: non-governmental organizations in a terrain occupied by states
Motivations for NGO involvement in international law
NGOs and sources of international law
NGO participation in intergovernmental organizations and processes
The role of NGOs in the development of international law
The role of NGOs in the enforcement of international law
Evaluating NGO involvement in the development of international law
Conclusion
8 International courts and tribunals
Introduction: international courts in contemporary life
What are international courts?
What are the functions of international courts?
When are international courts successful?
The future of international courts and tribunals
Conclusion
PART III: TOPICS IN INTERNATIONAL LAW
9 States and international law: the problems of self-determination, secession, and recognition
Introduction
International law and statehood
International law of self-determination
The problem of secession in international law and international relations
Conclusion
10 Use of force in international law
Introduction
The general framework on the use of force in international law
Self-defence
The use of force, self-defence, and non-state actors
Unilateral humanitarian intervention?
The collective security system under the United Nations Charter
The power of international law on the use of force: rhetoric or controlling?
Conclusion
11 International humanitarian law
Introduction
What is international humanitarian law and how is it made?
The nature of international humanitarian law
Purposes of international humanitarian law and its basic principles
Compliance with international humanitarian law
Non-state actors and compliance with international humanitarian law
Conclusion
12 International criminal law
Introduction
The birth and evolution of international criminal law
The core crimes and the rationale behind their international criminalization
The enforcement of international criminal law at the international level
The relationship between international criminal courts and national courts: primacy versus complementarity
Conclusion
13 International human rights law
Introduction
What makes up international human rights law and where do we find it?
International human rights law institutions
The relevance of international human rights law in international relations
Compliance with international human rights law
New international actors and international human rights law
Conclusion
14 International law for environmental protection
Introduction
International treaties for environmental protection
International environmental principles and the sustainable development paradigm
Environmental treaty non-compliance mechanisms
Non-state actors and environmental protection
A mixed regime for international environmental law?
Conclusion
15 World trade and international law
Introduction
The rationale for trade treaties
Types of trade treaties
The WTO: negotiating forum and monitoring institution
Advanced disciplines: constraints on regulatory freedom
Loopholes and exceptions
Criticisms of the WTO: a biased forum?
Conclusion
16 Global social justice and international law
Introduction
What kinds of problems does social justice address?
What is justice and where does it apply?
Does international law have the right profile for social justice to apply to it?
Can international law be used to advance the cause of social justice?
What standards of justice are applicable to international affairs?
Conclusion
CONCLUSION
17 International law in international relations: what are the prospects for the future?
Introduction
The political (in)stability of international law
Institution-building for international law
The breadth of international law
Complexity and differentiation in international law regimes
Non-state actors and international law
Conclusion
Table of cases
Table of major multilateral international treaties and documents
Glossary
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References
Index
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