Overview

This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship. An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation, and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors – including NGOs and corporations – in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct. This Handbook will be helpful to advanced undergraduate, graduate, and law students, as well as researchers, practitioners, and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.

Full Product Details

Author:   Margaret E. McGuinness ,  David P. Stewart
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781789908466

ISBN 10:   1789908469
Pages:   384
Publication Date:   16 December 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: Preface xiv 1 The interdependence of law and diplomacy: introduction to the Research Handbook on Law and Diplomacy 1 Margaret E. McGuinness and David P. Stewart PART I HISTORICAL PERSPECTIVES AND CASE STUDIES IN LAW AND DIPLOMACY 2 Law, diplomacy and German unification 23 Jeremy Hill and Michael Wood 3 Law and diplomacy in the compulsory conciliation between Australia and Timor-Leste 41 Katrina Cooper 4 Lawyering and the use of force in Libya and Syria operations 61 Mary B. DeRosa PART II LAW, DIPLOMACY, AND INTERNATIONAL DISPUTE RESOLUTION 5 At the intersection of diplomacy and international law: the ISDS reform process 84 Chiara Giorgetti 6 Disequilibrium in the multilateral trading system and the (necessary) return of diplomacy 103 Robert McDougall PART III LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS 7 The IMF and the evolution of international monetary and financial law 123 Sean Hagan 8 Law and diplomacy at the World Health Organization 138 Steven A. Solomon and Kenneth Piercy PART IV LAW, DIPLOMACY, AND CIVIL SOCIETY 9 Judicial diplomacy and the global community of law: the federal judiciary advancing the rule of law abroad 156 The Honorable Sidney H. Stein and Omar Badawi 10 Diplomacy of legal reform at the OAS 174 Luis Humberto Toro Utillano 11 Non-governmental organizations as international law's diplomats 192 Elizabeth Andersen PART V LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES 12 Environmental diplomacy: the elements 209 Makane Moise Mbengue and Elena Cima 13 Space law and diplomacy 227 Christopher J. Borgen 14 Law and diplomacy in the business and human rights treaty negotiations 248 Humberto Cantu Rivera and Danielle Anne Pamplona PART VI DIPLOMACY AND INTERNATIONAL HUMAN RIGHTS LAW 15 Diplomacy and compliance at the Inter-American Commission on Human Rights 263 Joel Hernandez 16 Human rights treaty bodies: law, diplomacy, either or neither 282 Bakhtiyar Tuzmukhamedov PART VII LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS 17 Lawyer or diplomat? 300 Miguel de Serpa Soares 18 Legal advisers' professional duties in the diplomatic context 320 Harry Aitken 19 Law as power: advising the state and the practice of diplomacy 340 Mohamed Helal Index 358

Reviews

'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.' -- Ian Hurd, Northwestern University, US

Author Information

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

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