Full Description
What is the relationship between politics and international law? Rather than exploring this question through the lens of the dominant paradigms of international relations theory - realism, liberalism, and constructivism - this book proposes a different approach. Based on the premise that the relationship varies depending on the sites where it unfolds, and inspired by comparative politics and socio-legal studies, the book develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. Expert contributors apply this analytical framework to diverse fields of law and politics. Part I examines the problems of compliance, effectiveness and the domestic enforcement of international law, and legal institutions including domestic and international courts, national legislatures and regime complexes. Part II covers substantive fields of governance such as global financial regulation, environmental standards, trade, intellectual property and human rights. The final chapters in this Part tackle emerging yet critical issues in international law, including terrorism, cyber conflict and Internet regulation.
Together, the chapters represent a significant step forward in the comparative analysis of politics and international law. This Research Handbook will be essential reading for students and academics in political science and law alike.
Contributors include: W.C. Banks, R. Brewster, A. Chander, K.L. Cope, M. Elsig, B. Faude, T. Gehring, C. Hillebrecht, S. Katzenstein, M.R. Madsen, W. Mattli, J.J. Paust, M.J. Peterson, S. Puig, W. Sandholtz, J. Seddon, S.K. Sell, G. Shaffer, D. Sloss, M. Van Alstine, P.-H. Verdier, M. Versteeg, C.A. Whytock
Contents
Contents:
1. The Politics of International Law
Wayne Sandholtz and Christopher A. Whytock
PART I LAW, POLITICS AND INSTITUTIONS
2. Compliance: Actors, Context and Causal Processes
Courtney Hillebrecht
3. The Effectiveness of International Law and Stages of Governance
Rachel Brewster
4. International Law in Domestic Courts
David L. Sloss and Michael P. Van Alstine
5. Treaty Law and National Legislative Politics
Kevin L. Cope
6. Modes of Domestic Incorporation of International Law
Pierre-Hugues Verdier and Mila Versteeg
7. Regime Complexes as Governance Systems
Benjamin Faude and Thomas Gehring
PART II SITES OF GOVERNANCE
8. The Power of the Implementers: Global Financial and Environmental Standards
Walter Mattli and Jack Seddon
9. The European Court of Human Rights and the Politics of International Law
Mikael Rask Madsen
10. The Law and Politics of WTO Dispute Settlement
Gregory Shaffer, Manfred Elsig and Sergio Puig
11. The Politics of International Intellectual Property Law
Susan K. Sell
12. Non-State Actors and Human Rights: Legalization and Transnational Regulation
Suzanne Katzenstein
13. The "War" on Terror and International Law
Jordan J. Paust
14. An Emerging International Legal Architecture for Cyber Conflict
William C. Banks
15. Who Runs the Internet?
Anupam Chander
16. Politics and Law in International Environmental Governance
M.J. Peterson
Index
