Research Handbook on Law and Diplomacy

Edited by Margaret E. McGuinness, St. John's University School of Law and David P. Stewart, Georgetown University Law Center, US

‘A distinguished roster of scholars and diplomats tells the story of how law and diplomacy lace together to create contemporary international affairs. This book is the ideal place to see behind the scenes where professionals in foreign offices, international institutions, and academia draw together legal and diplomatic resources. It is an exemplary collection for scholars of international law and politics.’

• Contents:Preface xiv1 The interdependence of law and diplomacy: introduction to theResearch Handbook on Law and Diplomacy 1Margaret E. McGuinness and David P. StewartPART I HISTORICAL PERSPECTIVES AND CASE STUDIES INLAW AND DIPLOMACY2 Law, diplomacy and German unification 23Jeremy Hill and Michael Wood3 Law and diplomacy in the compulsory conciliation between Australiaand Timor-Leste 41Katrina Cooper4 Lawyering and the use of force in Libya and Syria operations 61Mary B. DeRosaPART II LAW, DIPLOMACY, AND INTERNATIONAL DISPUTE RESOLUTION5 At the intersection of diplomacy and international law: the ISDS reformprocess 84Chiara Giorgetti6 Disequilibrium in the multilateral trading system and the (necessary)return of diplomacy 103Robert McDougallPART III LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS7 The IMF and the evolution of international monetary and financial law 123Sean Hagan8 Law and diplomacy at the World Health Organization 138Steven A. Solomon and Kenneth PiercyPART IV LAW, DIPLOMACY, AND CIVIL SOCIETY9 Judicial diplomacy and the global community of law: the federaljudiciary advancing the rule of law abroad 156The Honorable Sidney H. Stein and Omar Badawi10 Diplomacy of legal reform at the OAS 174Luis Humberto Toro Utillano11 Non-governmental organizations as international law’s diplomats 192Elizabeth AndersenPART V LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES12 Environmental diplomacy: “the elements” 209Makane Moïse Mbengue and Elena Cima13 Space law and diplomacy 227Christopher J. Borgen14 Law and diplomacy in the business and human rights treaty negotiations 248Humberto Cantú Rivera and Danielle Anne PamplonaPART VI DIPLOMACY AND INTERNATIONAL HUMAN RIGHTS LAW15 Diplomacy and compliance at the Inter-American Commission onHuman Rights 263Joel Hernández16 Human rights treaty bodies: law, diplomacy, either or neither 282Bakhtiyar TuzmukhamedovPART VII LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS17 Lawyer or diplomat? 300Miguel de Serpa Soares18 Legal advisers’ professional duties in the diplomatic context 320Harry Aitken19 Law as power: advising the state and the practice of diplomacy 340Mohamed HelalIndex 358