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It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way. Analyzing IOM as an international organization (IO), the book illuminates the practices, obligations and accountability of this powerful but controversial actor, advancing understanding of IOM itself and broader struggles for IO accountability. The contributions explore key, yet often under-researched, IOM activities including its role in humanitarian emergencies, internal displacement, data collection, ethical labour recruitment, and migrant detention. Offering recommendations for reforms rooted in empirical evidence and careful normative analysis, this is a vital resource for all those interested in the obligations and accountability of international organizations, and in the field of migration. This title is also available as Open Access on Cambridge Core.
This history of colonial legacies in UN peacekeeping operations from 1945–1971 reveals how United Nations peacekeeping staff reconfigured the functions of global governance and sites of diplomatic power in the post-war world. Despite peacekeeping operations being criticised for their colonial underpinnings, our understanding of the ways in which colonial actors and ideas influenced peacekeeping practices on the ground has been limited and imprecise. In this multi-archival history, Margot Tudor investigates the UN's formative armed missions and uncovers the officials that orchestrated a reinvention of colonial-era hierarchies for Global South populations on the front lines of post-colonial statehood. She demonstrates how these officials exploited their field-based access to perpetuate racial prejudices, plot political interference, and foster protracted inter-communal divisions in post-colonial conflict contexts. Bringing together histories of humanitarianism, decolonisation, and the Cold War, Blue Helmet Bureaucrats sheds new light on the mechanisms through which sovereignty was negotiated and re-negotiated after 1945.
The United Nations in Global Tax Coordination fills the decade-long knowledge gap in international tax history concerning the UN Fiscal Commission, which functioned as the overarching fiscal authority during the early post-World War II economic order. With insights from political economy and international relations scholarship, this critical archival examination chronicles the tenacious activism by post-colonial developing countries to preserve source taxation rights, and by the UN Secretariat in championing the development of equitable tax rules. Such activism would ultimately lead developed countries to oust the UN as a forum for international tax norm setting. The book includes a revealing prehistory of the wartime work of the League of Nations that questions the legitimacy of the Mexico Model, the first model tax convention between developed and developing countries. This expertly researched work is essential reading for understanding the roles of politics, states, secretariats, and private actors in directing global tax coordination.
This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.
This book analyzes the politics of global governance by looking at how global policymaking actually works. It provides a comprehensive theoretical and methodological framework which is systematically applied to the study of three global policies drawn from recent UN activities: the adoption of the Sustainable Development Goals in 2015, the institutionalization of the Human Rights Council from 2005 onwards, and the ongoing promotion of the protection of civilians in peace operations. By unpacking the practices and the values that have prevailed in these three cases, the authors demonstrate how global policymaking forms a patchwork pervaded by improvisation and social conflict. They also show how global governance embodies a particular vision of the common good at the expense of alternative perspectives. The book will appeal to students and scholars of global governance, international organizations and global policy studies.
International institutions are essential for tackling many of the most urgent challenges facing the world, from pandemics to humanitarian crises, yet we know little about when they succeed, when they fail, and why. This book proposes a new theory of institutional performance and tests it using a diverse array of sources, including the most comprehensive dataset on the topic. Challenging popular characterizations of international institutions as 'runaway bureaucracies,' Ranjit Lall argues that the most serious threat to performance comes from the pursuit of narrow political interests by states – paradoxically, the same actors who create and give purpose to institutions. The discreet operational processes through which international bureaucrats cultivate and sustain autonomy vis-à-vis governments, he contends, are critical to making institutions 'work.' The findings enhance our understanding of international cooperation, public goods, and organizational behavior while offering practical lessons to policymakers, NGOs, businesses, and citizens interested in improving institutional effectiveness.
The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.
For more than fifty years, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the wider nuclear nonproliferation regime have worked to prevent the spread of nuclear weapons. Analysts and pundits have often viewed the regime with skepticism, repeatedly warning that it is on the brink of collapse, and the NPT lacks many of the characteristics usually seen in effective international institutions. Nevertheless, the treaty continues to enjoy near-universal membership and high levels of compliance. This is the first book to explain why the nonproliferation regime has been so successful, bringing to bear declassified documents, new data on regime membership and weapons pursuit, and a variety of analytic approaches. It offers important new insights for scholars of nuclear proliferation and international security institutions, and for policymakers seeking to strengthen the nonproliferation regime and tighten international constraints on the spread of nuclear weapons.
One major issue facing the world trading system today is how to deal with the challenge of China's state capitalism. Many commentators believe that the existing WTO rules are insufficient and, thus new rules are needed. This book challenges this conventional wisdom. Through meticulous studies and fresh analysis of the commitments in China's WTO accession package, existing rules on state capitalism in WTO agreements and recent attempts to make new rules on these issues at the bilateral, regional and multilateral levels, this book argues that existing WTO rules, especially those on subsidies, coupled with China-specific rules in its accession protocol, do provide feasible tools to counter China's state capitalism. This book also discusses the reasons for the lack of usage of these rules and provides concrete policy suggestions on how the rules may be better utilized, as well as how to conduct constructive negotiations on new rules in the WTO and beyond.
In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.
In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issues surrounding sustainable development are necessarily impacted by the multifaceted relationship between the Global South and Global North. Confronting the context and challenge of sustainable development, this collection outlines how the international economic system problematizes the attainment of the SDGs. Introducing a novel, cosmopolitan approach, this book offers new ways of understanding sustainable development and suggests potential solutions so that we might finally achieve it.
In the past decades, great strides have been made to ensure that crimes against humanity and state-sponsored organized violence are not committed with impunity. Alongside states, large international organizations such as the United Nations and forums such as the International Criminal Court, 'de facto international prosecutors' have emerged to address these crimes. Acting as investigators and evidence-gathers to identify individuals and officials engaged in serious human rights violations, these 'private' non-state actors, and state legal 'officials' in a foreign court, pursue criminal accountability for those most responsible for core international crimes. They do so when local options to investigate fail and an international criminal tribunal remains unavailable. This study outlines three case studies of witnesses and victims who pursue those most responsible, including former heads of state. It examines their practices and strategies, and shows how witnesses and victims of core crimes emerge as key leaders in the accountability process.
The book examines the processes through which the resolutions adopted by the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded method of inquiry, it examines how states attribute legal significance to resolutions in three different contexts: at the time of adoption, within domestic law and in international practice. The book shows that, contrary to the existent theories on the legal significance of resolutions, the General Assembly is not a unitary actor. It also demonstrates that the concept of legal significance of resolutions is not predetermined or static. While resolutions are often framed in normative language, they acquire legal significance only to the extent that states find it desirable or convenient, depending on context and circumstances. Consequently, the attribution of legal significance to resolutions turns out to be a manifestation of state will to abide by their content, not the will of the General Assembly.
The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. It is structured around the three defining relationships IOs engage in – namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.
Global governance has come under increasing pressure since the end of the Cold War. In some issue areas, these pressures have led to significant changes in the architecture of governance institutions. In others, institutions have resisted pressures for change. This volume explores what accounts for this divergence in architecture by identifying three modes of governance: hierarchies, networks, and markets. The authors apply these ideal types to different issue areas in order to assess how global governance has changed and why. In most issue areas, hierarchical modes of governance, established after World War II, have given way to alternative forms of organization focused on market or network-based architectures. Each chapter explores whether these changes are likely to lead to more or less effective global governance across a wide range of issue areas. This provides a novel and coherent theoretical framework for analysing change in global governance. This title is available as Open Access on Cambridge Core.
Where did the regulatory underpinnings for the global drug wars come from? This book is the first fully-focused history of the 1961 UN Single Convention on Narcotic Drugs, the bedrock of the modern multilateral drug control system and the focal point of global drug regulations and prohibitions. Although far from the propagator of the drug wars, the UN enabled the creation of a uniform global legal framework to effectively legalise, or regulate, their pursuit. This book thereby answers the question of where the international legal framework for drug control came from, what state interests informed its development and how complex diplomatic negotiations resulted in the current regulatory system, binding states into an element of global policy uniformity.
Why do warring parties turn to United Nations peacekeeping and peacemaking even when they think it will fail? Dayal asks why UN peacekeeping survived its early catastrophes in Somalia, Rwanda, and the Balkans, and how this survival should make us reconsider how peacekeeping works. She makes two key arguments: first, she argues the UN's central role in peacemaking and peacekeeping worldwide means UN interventions have structural consequences – what the UN does in one conflict can shift the strategies, outcomes, and options available to negotiating parties in other conflicts. Second, drawing on interviews, archival research, and process-traced peace negotiations in Rwanda and Guatemala, Dayal argues warring parties turn to the UN even when they have little faith in peacekeepers' ability to uphold peace agreements – and even little actual interest in peace – because its involvement in negotiation processes provides vital, unique tactical, symbolic, and post-conflict reconstruction benefits only the UN can offer.
Since adoption of the Convention on the Rights of Persons with Disabilities and the interpretive General Comment 1, the topic of legal capacity in mental health settings has generated considerable debate in disciplines ranging from law and psychiatry to public health and public policy. With over 180 countries having ratified the Convention, the shifts required in law and clinical practice need to be informed by interdisciplinary and contextually relevant research as well as the views of stakeholders. With an equal emphasis on the Global North and Global South, this volume offers a comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health. Integrating rigorous academic research with perspectives from people with psychosocial disabilities and their caregivers, the authors provide a holistic overview of pertinent issues and suggest avenues for reform.
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.
The multilateral trading system and the WTO, its principal institution, are currently in crisis. Now more than ever, it is essential to provide a sound understanding of WTO rules and procedures, and their contribution to a secure and predictable framework for trading relations between nations. This book provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO, written in a concise and highly reader-friendly manner. It provides a clear and systematic discussion of key issues of WTO law, and incorporates important case law and current debates. It includes useful pedagogical features such as illustrative examples of the application of the legal framework to practical situations to facilitate understanding, as well as lists of further reading. Co-written by a leading authority in the field, it forms essential reading for anyone who wants to get to grips with this fascinating and challenging field of law.