Shirley V. Scott - Böcker

This book is a discussion of key documents that explain the development, current status, and relevance of the international law governing the initiation of military hostilities.International Law and the Use of Force: A Documentary and Reference Guide brings to life a crucial body of law, explaining its historical origins, the core rules and principles of the regime embodied in the Charter of the United Nations, and contentious aspects of that law in the contemporary world. In light of the intensified interest in the question of justified or unjustified use of force, this timely resource introduces and analyzes over 40 documents relating to the legality of the initiation of military hostilities. The volume presents competing assessments of the legality of key uses of force and explains mainstream positions on important issues such as national right to self-defense, anticipatory and preemptive self-defense, terrorism, aggression, and the role of the UN Security Council. The book concludes by assessing whether the international law that seeks to limit the number of wars has in fact made the world a more peaceful place.

This book examines the challenge of negotiating and implementing new legal regimes addressing contemporary ocean challenges in the context of uncertain planetary futures.The book covers the themes of climate change, biodiversity loss, and pollution. Contributors examine a range of emerging, understudied issues, including the legal regulation of ocean acidification, the development of the mining code by the International Seabed Authority, the implementation of the 2023 Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, and compliance mechanisms developed by the International Maritime Organization. Other chapters look at energy transition, green technology, and marine pollution from shipping.Contributing to global discussions on sustainable development, this book will be of vital interest to scholars of the law of the sea, environmental law, and sustainable development.

Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.

Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.

Over recent decades International Relations scholars have investigated norm dynamics processes at some length, with the ‘norm entrepreneur’ concept having become a common reference point in the literature. The focus on norm entrepreneurs has, however, resulted in a bias towards investigating the agents and processes of successful normative change.This book challenges this inherent bias by explicitly focusing on those who resist normative change - norm ‘antipreneurs’. The utility of the norm antipreneur concept is explored through a series of case studies encompassing a range of issue areas and contributed by a mix of well-known and emergent scholars of norm dynamics. In examining the complexity of norm resistance, particular attention is paid to the nature and intent of the actors involved in norm-contestation, the sites and processes of resistance, the strategies and tactics antipreneurs deploy to defend the values and interests they perceive to be threatened by the entrepreneurs, and whether it is the entrepreneurs or the antipreneurs who enjoy greater inherent advantages.This text will therefore be of interest to scholars and students of International Relations, International Law, Political Science, Sociology and History.

Over recent decades International Relations scholars have investigated norm dynamics processes at some length, with the ‘norm entrepreneur’ concept having become a common reference point in the literature. The focus on norm entrepreneurs has, however, resulted in a bias towards investigating the agents and processes of successful normative change.This book challenges this inherent bias by explicitly focusing on those who resist normative change - norm ‘antipreneurs’. The utility of the norm antipreneur concept is explored through a series of case studies encompassing a range of issue areas and contributed by a mix of well-known and emergent scholars of norm dynamics. In examining the complexity of norm resistance, particular attention is paid to the nature and intent of the actors involved in norm-contestation, the sites and processes of resistance, the strategies and tactics antipreneurs deploy to defend the values and interests they perceive to be threatened by the entrepreneurs, and whether it is the entrepreneurs or the antipreneurs who enjoy greater inherent advantages.This text will therefore be of interest to scholars and students of International Relations, International Law, Political Science, Sociology and History.

Edited by Shirley V. Scott and Charlotte Ku, this forward-looking book examines the scope and options for the United Nations Security Council to respond to climate insecurity. A cross-disciplinary team of experts addresses the range of political and legal considerations involved, including, the scope for adapting existing Council tools to address the challenge of climate change, the legality and legitimacy of doing so, the attitude of the P5 and EU, and Council action to date.Specific tools considered include establishing an international court or tribunal, targeted sanctions, peace missions, and ‘legislation’. The starting assumption is that, given the futures projected by climate scientists and the responsibility of the Council for international peace and security, the Council will almost inevitably take its place as a key player in climate governance. Contributors therefore focus on the question of just how the Council will be able to most constructively contribute to effective climate governance and how it can begin to prepare for such a role.This book will be of great value to scholars investigating the governance of climate change. For activists and government officials the book provides high quality research that can be drawn upon to give background to debate, and inform future policy.

Climate change will fundamentally affect every area of human endeavor, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. The volume also examines the impacts of climate change on the underlying principles and processes of international law, including those relating to the making and enforcement of international law and to third party dispute resolution. The book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximize its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policymakers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximize our international legal and policy responses to it. Contributors: J. Brunnee, M.-C. Cordonier Segger, E. Crawford, A. Edwards, M.W. Gehring, C. Gray, J. Hepburn, E. Hey, K. Hulme, S. Humphreys, R. Lefeber, F. Lyall, A. Naude Fourie, H.M. Osofsky, R. Rayfuse, C. Redgwell, S.V. Scott

This book explores how geopolitical tensions have shaped the Antarctic Treaty System (ATS) and offers insights into managing future challenges. The ATS, established with the 1959 Antarctic Treaty during the Cold War, has been a successful model of international governance, ensuring Antarctica's peaceful use and environmental protection. However, the ATS now faces new pressures, including an expanded membership of 57 states, increased economic activities such as tourism, fishing, and bio-prospecting, and the impacts of climate change. These factors are exacerbating geopolitical tensions that could challenge the stability of the ATS.The book examines key moments in the history of the ATS to understand how past tensions were managed and what lessons can be drawn for the future. The volume covers the creation of the CCAMLR marine conservation treaty in the late 1970s-1980s; the developing world's opposition to the ATS in United Nations debates during the 1980s-1990s; the shift from permitting Antarctic mining to establishing the Madrid Protocol on Environmental Protection in the early 1990s; the formation of the International Association of Antarctic Tourism Operators; the management of Illegal, Unregulated, and Unreported (IUU) fishing in the 2000s; and the proposals for marine protected areas under the CCAMLR Convention in recent years. Several contributions also draw on critical and regional perspectives to make sense of geopolitical pressures on Antarctic governance and how they might play out over the years and decades ahead.Through its attention both to critical turning points in the history of the ATS, and a broad range of conceptual approaches, the book provides an authoritative assessment of the ATS's capacity to address emerging geopolitical stresses and provides strategies for future governance. It is a timely resource for understanding the evolving dynamics in Antarctica and ensuring the region remains a zone of peace and scientific collaboration.This book is a companion volume to McGee, Edmiston and Haward, 2022, The Future of Antarctica: Scenarios form Classical Geopolitics, in the Springer Polar Sciences Series.Chapter 18 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.