Understanding International Law presents a comprehensive, accessible introduction to the various aspects of international law while addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects of international law Features an accompanying website with direct access to court cases and study and discussion questions. Visit the site at: www.wiley.com/go/internationallaw Includes discussion of the efficacy of international law, a topic unique among international law texts Offers discussion of other topics that most texts do not address, such as complete chapters on making the world safer, human rights, the environment, and the world economy
List of Boxes xi Preface xiii List of Abbreviations xiv Part I Making the World More Lawful 1 1 The Rise of International Law 3 The Nature of International Law 4 The Roles of International Law 6 The Early Beginnings of International Law 9 Dueling Philosophies 13 Contending Modern Approaches 16 Operating Conditions: What Helps and What Hinders? 20 Chapter Summary 22 2 A World of Actors: A Question of Legal Standing 27 Actors 28 The State 28 International Government Organizations 33 Non-government Organizations 36 Multinational Corporations 39 Individuals 42 Insurgents 44 Ethnic Groups 46 Terrorists 49 Mercenaries and Private Military Companies 50 Domestic Actors 51 Chapter Summary 52 3 The Sources of International Law: Creating Law without Government 57 Customary Law 58 Treaty Law 65 The Role of Principles 72 Judges and Publicists 75 Other Sources 77 The Scope of International Law 78 Chapter Summary 79 4 The Efficacy of International Law 85 Legislating International Law 86 Enforcing International Law 90 Adjudicating International Law 94 The Incorporation of International Law 106 Can There Be a Future World Government? 109 Chapter Summary 110 5 Jurisdiction: Domain over Places and Persons 115 Territorial Jurisdiction 116 Law of the Sea 117 Airspace 124 Outer Space 126 Satellites 128 The Polar Regions 130 Nationality 132 Dual Nationality 135 Alien Status 137 Sovereign Immunity and Act of State 140 Extraterritoriality 141 Extradition 143 Chapter Summary 145 Part II Making the World Safer 149 6 Diplomacy in Pursuit of Peace 151 A Brief History of Diplomacy 152 The Rules of Diplomacy for States 155 Two Special Issues concerning Embassies 158 Rules for the Consular Relations of States 160 The Peaceful Settlement of Disputes 163 The Operating Conditions of Diplomacy 166 The Rules of Diplomacy for IGOs 168 The Special Case of the UN 171 Chapter Summary 174 7 Arms Limitations for a Less Violent World 179 A Brief History of Arms Limitations 180 Objectives of Arms Limitations 184 Obstacles to Arms Limitations 185 The Nuclear Regime 187 The Biological Weapons Regime 196 The Chemical Weapons Regime 198 The Missile Control Regime 199 The Conventional Weapons Regime 201 Chapter Summary 206 8 Law to Constrain Force 211 A Brief History of the Laws Governing Force 212 Evolution to UN Law 218 Aggression 220 Self-defense 223 Self-defense in an Age of Terrorism 225 Intervention 229 Peacekeeping 231 Today’s Salient Issues concerning the Laws of War 233 Chapter Summary 241 9 Core International Crimes: Atrocities That Shock the Conscience of Humankind 247 A Brief History of Core International Crimes 248 Crimes Against Peace 251 Crimes against Humanity 252 Genocide 254 The Most Notorious Episodes of Genocide 257 Special Dimensions of Genocide 261 War Crimes 263 The Contributions of International Tribunals 276 Chapter Summary 280 Part III Making the World Better 285 10 Human Rights: Freedom and Protection for Humankind 287 A Brief History of the Human Rights Movement 288 Civil and Political Rights 292 Economic, Social, and Cultural Rights 296 Group Rights 300 A Human Rights Frontier? 305 Human Rights Regimes 307 The Role of Non-state Actors 311 Chapter Summary 313 11 The Global Environment in Jeopardy 319 A Brief History of Environmental Developments 320 Atmosphere 324 Water 331 Soil 335 Forests 338 Wildlife 340 The Environment and Human Rights 344 Environmental Governance 346 Chapter Summary 349 12 Rules for Sharing the World’s Wealth 355 A Brief History of Economic Relations 356 Governance from the North 359 Standardizing the Global Economy 363 Intellectual Property Rights 364 Commercial Arbitration 366 Globalism versus Regionalism 368 Governance of the South 370 Four Economic Flows in the North–South Relationship 374 Counter-productive Issues for the Global Economy: Organized Crime, Corruption, and the Pursuit of Non-economic Goals 380 Chapter Summary 385 Part IV Making the Future 391 13 The Problems and Prospects of International Law 392 Glossary of Terms 396 Bibliography 406 Index 431
"Henderson seeks to provide a comprehensive and accessible introduction to the field of international law. Addressing its interrelationship with world politics, the text also features chapters on topics such as making the world safer, human rights, the environment and the world economy." (Times Higher Education, November 2010)
Conway W. Henderson is Professor Emeritus of Political Science who has taught courses in International Relations and International Law for more than three decades.
Understanding International Law introduces students to the various aspects of international law and especially its relationship with global politics. Utilizing an approach that carefully balances politics and law, the book reflects on their interdependency and places an emphasis on an evolving international society largely structured by the rules of international law. All of the major facets of international law are addressed, with topics including: the philosophical origins of international law; its sources, efficacy, and jurisdiction; diplomacy and arms limitations; international crimes and atrocities; human rights; non-state actors; environmental considerations; as well as reflections on the future of international law. Of particular value to students of politics and international relations, readers benefit from the author's expertise in Political Science and International Law – as well as his thirty-five years of experience in presenting complex subject matter in a lively and accessible manner. The book contains enhanced pedagogy as well as a specially created companion website (www.wiley.com/go/internationallaw) providing students with additional resources to aid their learning, including links to case studies.
“This is likely to be the first volume I reach for on my international law bookshelf. It is comprehensive in its coverage, balanced in its treatment of controversial legal issues, and unencumbered by jargon and obscure legal references. I especially appreciate its attention to the intermingling of international law and politics.” —David Kinsella, Portland State University “Engaging and accessible, it capitalizes on the new direction and culture of international law scholarship. Henderson’s focus on humanity and human rights infuses the material with relevance and urgency and pushes the book toward the frontiers of new law.” —Thomas Smith, University of South Florida
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