BETWEEN PERIL AND PROMISE: THE POLITICS OF INTERNATIONAL LAWPDF电子书下载

Ⅰ. Introduction: Putting International Law in Proper Perspective，or Putting Your Legal Prototypes Aside 1

1. International Law and International Politics 3

The Relevance of International Law 5

The Challenge 12

Box 1.1. International Law in Action: Hamdan v. Rumsfeld 15

2. The Great Paradigm Debate: Realism， Idealism，and Other Schools 18

The Realist Paradigm 20

The Idealist (Liberal) Paradigm 27

Bridging the Realist-Idealist Divide 36

The Constructivist Paradigm and Other Schools of Thought 38

Box 2.1 International Law in Action: Reparation for Injuries Suffered in the Service of the United Nations 41

3. Is International Law Really Law， or a Charade? 44

Is International Law Really Law? 47

The Making of International Law: Where Does the Law Come From? 48

The Breaking of International Law: How Is the Law Enforced? 59

The Adjudicating of International Law: Who Are the Judges? 64

The Verdict on International Law 68

Box 3.1 International Law in Action: The Paquete Habana 70

Ⅱ. International Law at Work: Shooting Pool and Pooling Sovereignty 75

4. Jurisdiction: The Allocation of Legal Competences over Places and Persons on Land， at Sea， and in the Air and Outer Space 77

Bases of Jurisdiction 80

Acquisition of Title to Territory 87

Conclusion 102

Box 4.1 International Law in Action: The S.S. Lotus 104

5. Human Rights: What Happened to Sovereignty? 107

Treatment of Aliens 109

Treatment of Citizens 113

Human Rights Challenges in the Twenty-First Century 125

Conclusion 131

Box 5.1 International Law in Action: The LaGrand Case 132

6. War and Peace: Do We Need New Rules for an Old Problem? 137

The Changing Nature of Global Violence 143

War and the Evolution of International Law 156

Conclusion 179

Box 6.1 International Law in Action: Case Concerning Military and Paramilitary Activities in and against Nicaragua 181

7. International Economic Relations and International Law:Regulating States and Markets 185

The Changing Nature of International Political Economy:The Contest between Economic Nationalism (States) and Liberal Internationalism (Markets) 194

International Regimes and Economic Order 203

International Regimes and Economic Justice 215

Conclusion 220

Box 7.1 International Law in Action: Measures Affecting the Cross-Border Supply of Gambling and Betting Services 223

8. International Environmental Law: Protecting the Biosphere 226

Environmental Politics and Law in Historical Perspective 230

The Range and Nature of Environmental Regimes 236

Compliance and Effectiveness 245

Ecopolitics 246

Conclusion 253

Box 8.1 International Law in Action: Trail Smelter Case 255

Ⅲ. Conclusion: A Summation of the Argument 259

9. The Future of International Politics， International Law，and Global Governance 261

A Few Observations about the Observance of International Law 265

Strengthening the Rule of Law in International Politics 276

Between Peril and Promise 279

Endnotes 281

Appendix A: Questions for Study and Discussion 335

Appendix B: Table of Cases 343

Appendix C: Resources for Researching International Law: Web Sites， Casebooks and Reference Works， and Readings 351

Index 359