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Antulio J. Echevarria II reveals how successive generations of American strategic theorists have thought about war. Analyzing the work of Alfred Thayer Mahan, Billy Mitchell, Bernard Brodie, Robert Osgood, Thomas Schelling, Herman Kahn, Henry Eccles, Joseph Wiley, Harry Summers, John Boyd, William Lind, and John Warden, he uncovers the logic that underpinned each theorist's critical concepts, core principles, and basic assumptions about the nature and character of war. In so doing, he identifies four paradigms of war's nature - traditional, modern, political, and materialist - that have shaped American strategic thought. If war's logic is political, as Carl von Clausewitz said, then so too is thinking about war.
In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.
International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis this important book shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties.
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which re-think the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival inquiry into the dominant modes of international legal history studies and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 191 is devoted to the 2020 Award concerning Preliminary Objections of Russian Federation in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait, the 2020 judgment of the Canadian Supreme Court in Nevsun Resources Ltd v. Araya and Others and the 2020 judgment of the English Court of Appeal in Mahmoud v. Breish.
The principle and practice of pro bono, or volunteer legal services for poor and other marginalized groups, is an increasingly important feature of civil justice systems around the world. Recent surveys have identified pro bono initiatives in more than eighty countries—including Colombia, Portugal, Nigeria, and Singapore—and the list keeps growing. Covering the spread of pro bono in across five continents, this book provides a unique comparative dataset permitting the first-ever analysis of pro bono's growing role in access to justice globally. The contributors are leading experts from around the world, whose chapters explore both the internal roots of and global influences on pro bono in transnational context. Global Pro Bono explores the dramatically expanding geographical and political reach of pro bono: documenting its essential contribution to bringing more justice to those on the margins, while underscoring its complex and contested meaning in different parts of the world.
Marketing Global Justice is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values.