The Power and Purpose of International Law

Insights from the Theory and Practice of Enforcement
1. Auflage 2011
ISBN: 978-0-19-976896-7
Verlag: Oxford University Press

Buch, Englisch, 416 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 614 g

Discusses numerous significant world issues including torture, terrorism, war, climate change, human rights atrocities, nuclear proliferation and other major challenges in the light of international law.
Explains what international law is, why it is accepted as law, and how it is enforced.
Examines both the history of ideas about international law's binding power and purpose and the actual operation of international law in enforcing ist obligations.

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it.

Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and ist enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Zielgruppe

Students, scholars, professors of international law and international relations

Autoren/Hrsg.

O'Connell, Mary Ellen

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Introduction

Part I. Enforcement Theory

Chapter One Classical Enforcement Theory
Chapter Two Compliance Theory
Chapter Three New Classical Enforcement Theory

Part. II. Enforcement Practice

Armed Measures
Chapter Four Unilateral Armed Measures
Chapter Five Collective Armed Measures

Countermeasures
Chapter Six Unilateral Countermeasures
Chapter Seven Collective Countermeasures

Judicial Measures
Chapter Eight International Court Enforcement
Chapter Nine National Court Enforcement

Conclusions

Über Autor(innen)

O'Connell, Mary Ellen
Mary Ellen O'Connell holds the Robert and Marion Short Chair in Law at the University of Notre Dame Law School. She has studied, taught, and written about international law for over 25 years. Professor O'Connell received her J.D. from Columbia Law School, an LL.B. with first-class honors from Cambridge University, an MSc. in International Relations from the London School of Economics, and her B.A. in History from Northwestern University. Her previous publications include International Law and the Global War on Terrorism: Lectures for the University of Paris II (2007), International Dispute Resolution, Cases and Materials (2006), and Redefining Sovereignty: The Use of Force After the Cold War (edited with M. Bothe and N. Ronzitti, 2005). Professor O'Connell has taught at such diverse institutions as the Notre Dame Law School, the US Department of Defense's George C. Marshall Center for Security Studies in Germany, Ohio State University College of Law, the Paul H. Nitze School of Advanced International Studies in Italy, the Oxford Institute on International and Comparative Law, Christian-Albrechts-Universität in Kiel, Germany, and the University of Paris II (Paris, France). Her service to international law includes membership in numerous organizations, including the International Law Association as Chair of the Study Committee on Use of Force, the Executive Committee of the International Law Section of the American Association of Law Schools, the American Society of International Law (former member of the Executive Committee), the International Institute for Humanitarian Law (San Remo, Italy), the Lieber Society, and the German Society of International Law.

Mary Ellen O'Connell, Robert and Marion Short Chair in Law, University of Notre Dame Law School.

Mary Ellen O'Connell holds the Robert and Marion Short Chair in Law at the University of Notre Dame Law School. She has studied, taught, and written about international law for over 25 years. Professor O'Connell received her J.D. from Columbia Law School, an LL.B. with first-class honors from Cambridge University, an MSc. In International Relations from the London School of Economics, and her B.A. in History from Northwestern University. Her previous publications include International Law and the Global War on Terrorism: Lectures for the University of Paris II (2007), International Dispute Resolution, Cases and Materials (2006), and Redefining Sovereignty: The Use of Force After the Cold War (edited with M. Bothe and N. Ronzitti, 2005). Professor O'Connell has taught at such diverse institutions as the Notre Dame Law School, the US Department of Defense's George C. Marshall Center for Security Studies in Germany, Ohio State University College of Law, the Paul H. Nitze School of Advanced International Studies in Italy, the Oxford Institute on International and Comparative Law, Christian-Albrechts-Universität in Kiel, Germany, and the University of Paris II (Paris, France). Her service to international law includes membership in numerous organizations, including the International Law Association as Chair of the Study Committee on Use of Force, the Executive Committee of the International Law Section of the American Association of Law Schools, the American Society of International Law (former member of the Executive Committee), the International Institute for Humanitarian Law (San Remo, Italy), the Lieber Society, and the German Society of International Law.