Is International Law Even Law?: International Law from an International Relations Perspective

Author:   Leah L. Carmichael
Publisher:   Lexington Books
ISBN:  

9781793628732


Pages:   240
Publication Date:   10 February 2023
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Is International Law Even Law?: International Law from an International Relations Perspective


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Overview

International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.

Full Product Details

Author:   Leah L. Carmichael
Publisher:   Lexington Books
Imprint:   Lexington Books
Dimensions:   Width: 15.20cm , Height: 1.50cm , Length: 22.90cm
Weight:   0.390kg
ISBN:  

9781793628732


ISBN 10:   1793628734
Pages:   240
Publication Date:   10 February 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Chapter 1: Anatomy of a Legal Argument Chapter 2: States in International Law Chapter 3: Quasi-States in International Law Chapter 4: Treaties Chapter 5: International Customary Law Chapter 6: General Principles Chapter 7: Subsidiary Sources Chapter 8: Dispute Resolution Mechanism Chapter 9: Territorial Claims Chapter 10: The Use of Force Chapter 11: International Humanitarian Law Chapter 12: International Criminal Law Chapter 13: International Human Rights Law

Reviews

This is an excellent text! The author presents difficult concepts, such as Customary International Law and the status of States, in a way that can be easily understood by students new to International Law. The introductory chapter explaining approaches to international law and the chapter explaining legal arguments provide students with the necessary background to understand the examples and cases in each chapter. The Moot Court activities are suitable for all students whether or not they want to pursue a legal career. -- Kathie Barrett, University of West Georgia [T]he author's major contribution is the creation of a series of concise background briefs and real or hypothetical cases. Each of the 12 short, easy-to-read, substantive chapters is focused on a legal issue that is illustrated by a fictional or real-world moot court case. To illustrate issues surrounding territorial claims, for instance, the author has created a hypothetical case where Russia claims that the new US Space Force would violate the Outer Space Treaty if it claimed territory on the moon. Given its relevance to current events, this text would work well either as a guide for instructors or as a supplemental text in a political science department's international law course...[T]his is a valuable pedagogical resource. Recommended. Upper-division undergraduates. Faculty. * Choice Reviews *


Author Information

Leah L. Carmichael is lecturer in the department of International Affairs at the University of Georgia.

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