International Law and International Relations Bridging Theory and Practice 1st Edition By Thomas Biersteker, Peter Spiro, Chandra Lekha Sriram, Veronica Raffo 0415459591 9780415459594

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ISBN 10: 0415459591

ISBN 13: 9780415459594

Author: Thomas J. Biersteker, Peter J. Spiro, Chandra Lekha Sriram, Veronica I. Raffo

This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that ‘law matters’ in international affairs and now current events are proving them right. International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance. This book will be of great interest to all students of international law, international relations and governance.

International Law and International Relations Bridging Theory and Practice 1st Table of contents:

1 Introduction International law and international politics — old divides, new developments

Introduction: law and politics after the Cold War

Genesis of the project

International law and international relations: defining the gap, bridging the gap

International law, international relations, policy practitioners, and the state

Organization of the volume

Small arms and light weapons

Terrorism

Internally displaced persons

International criminal accountability

Key conclusions

Insights from the volume: new perspectives on old divides

The state

Sources of legitimacy and authority

Norm development

Practitioners and academics

Conclusion: moving the debate forward

Notes

Part I Small Arms and Light Weapons

2 Moving Forward? Assessing normative and legal progress in dealing with small arms

Introduction

The evolution of the small arms discourse

Considering the supply, effects, and demand for small arms

Development of norms and regulations to control supply

Effects and demand-side normative development

Conclusion

Notes

3 Small Arms, Violence, and the Course of Conflicts

Introduction

Local social structures and violent conflict

Coercion, violence, and collapsing states

Coercion, greed, and public goods

Dealing with complexity

Conclusion: implications for small arms regulation and the international relations—international law discourse

Notes

4 Commentary: a World Drowning in Guns

Introduction

The problem

The approach

Thinking about a solution

Norms and horizontal process

Vertical process: internalization

Conclusion

Acknowledgments

Notes

Part II Terrorism

5 International Terrorism, Nonstate Actors, and Transnational Political Mobilization A perspective from International Relations

International terrorism as a conceptual challenge for international relations

Nonstate actors, political violence, and international security

International relations theory and violent nonstate actors

A political mobilization perspective on violent nonstate actors

Conclusion: implications of a political mobilization perspective

Notes

6 Crying War

Introduction

The violations

The false claim of war

False claims of privilege

The motivations

The consequences

Conclusion

Acknowledgments

Notes

7 Preemption and Exception International law and the revolutionary power

Introduction

The dual agenda revisited

The Bush Doctrine: responding to the new threat from the coupling of global terrorism and WMD

Legitimating preventive war: unilateral and collective responses

America as the exceptional hegemon

Conclusion

Acknowledgments

Notes

8 Commentary: Convergence of International law and International Relations in Combating International Terrorism The role of the United Nations

Introduction

An increasingly active Council after the Cold War

The Security Council and terrorism before September 11, 2001

The Security Council and terrorism After September 11, 2001

Unilateral responses to terrorism and realist international relations theory

Combating violent nonstate actors

Compounded failings: unilateralism and nonstate actors

Conclusion: the promise of liberal responses

Notes

Part III Internally Displaced People

9 The Guiding Principles on International Displacement and the Development of International Norms

Introduction

Conceptual issues

Definition and provenance of norms

The function of norms

Compliance with norms

Development of the Guiding Principles on Internal Displacement

Genesis of the Guiding Principles

Development of a normative framework

Reception and application of the Guiding Principles

The Guiding Principles as international norms

The Guiding Principles and international norm building

The Guiding Principles and the effectiveness of norms

What the theory suggests about next steps

Conclusion

Acknowledgments

Notes

10 Commentary: Privately Generated Soft Law in International Governance

Introduction

Privately generated soft law

Creating privately generated soft law

Disseminating and adopting privately generated soft law

Notes

Part IV International Criminal Accountability

11 The International Criminal Court and Universal International Jurisdiction A return to first principles

Introduction

Negotiation of the ICC’s jurisdiction prior to and during the Rome diplomatic conference

A theoretical assessment of the Court’s jurisdictional principles

The notion ofjus cogens crimes

The exercise of universal (international) jurisdiction by the Rome Statute for the International Criminal Court over the jus cogens crimes embodied in the statute

The need for comity, complementarity, and balance in the exercise of international criminal adjudication

Notes

12 International Humanitarian Law State collusion and the conundrum of jurisdiction

Introduction

On the problem of perpetrator regimes

Immunities

Universal jurisdiction

International tribunals

Conclusion

Notes

13 Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles

Introduction

Transnational lawmaking processes

Should transnational lawmaking processes be democratic?

Pinochet as paradigm: judge-made law across borders

Judicial lawmaking in national proceedings

Judicial lawmaking in a transnational setting

Assessing the democratic legitimacy of transnational adjudication

Universal jurisdiction and emergent democracies

Upending democratic deliberations?

Do transnational processes undermine democratic deliberations? a challenge

Acknowledgments

Notes

14 Bringing Security Back In International relations theory and moving beyond the”justice versus peace” dilemma in transitional societies

Introduction: peace, justice, and international relations theory

The problem of postconflict justice

International relations theory and postconflict justice

Constructivism

Liberalism

Realism

Bringing security back in: (re)constructing stability and the rule of law

Security and justice: lessons from Sierra Leone

Dispute over the validity of the Lomé amnesty

Dispute regarding head-of-state immunity and the legality of the Special Court agreement

The Special Court and former combatants

Timing and security: did the Special Court begin work too early?

Relation to other accountability efforts

After UNAMSIL: prospects for peace, security, and justice

Policy implications

Conclusion

Acknowledgments

Notes

15 Commentary: International Criminal Accountability at the Intersection of Law and Politics

Notes

Part V Conclusions

16 Disaggregating us Interests in International Law Sketching a theory of liberal transnationalism

Introduction

Bringing international relations theory home

The exceptional case of the United States

New causal pathways for international law

Transnational pressure points

Nonstate norm regimes

Disaggregate and conquer

Subnational actors

Congress

Executive branch agencies

The judiciary

Conclusion

Notes

17 New Directions, New Collaborations for International Law and International Relations

Introduction

Grounds for collaboration: shared interests and where they might lead

Dynamics of law and politics

Beyond formalism and structure: the importance of social context

Unpacking assumptions: nonstate actors and national capabilities

Conclusion

Notes

18 International Relations and International Law From competition to complementarity

“And ne’er the twain shall meet”

A subjective view of the international relations—international law divide

International relations and international law: two cases of constructive engagement?

Small arms

International terrorism

Bridging the international relations–international law divide to confront current challenges and crises

Notes

Selected Bibliography

Books

Articles, chapters, and papers

Treaties, United Nations documents, cases, and other legal materials

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