Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.001.0001
- Subject:
- Political Science, International Relations and Politics
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ...
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This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.Less
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.
Richard Youngs
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199274468
- eISBN:
- 9780191602030
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274460.001.0001
- Subject:
- Political Science, Democratization
This book adds to debates on the international dimensions of democratisation by exploring the politics and actions of Western governments, multinational companies, and non-profit organisations ...
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This book adds to debates on the international dimensions of democratisation by exploring the politics and actions of Western governments, multinational companies, and non-profit organisations (NGOs). It finds that governments, businesses and NGOs all show increased concern for democratic trends, but their strategies are beset by uncertainty and ambivalence.Less
This book adds to debates on the international dimensions of democratisation by exploring the politics and actions of Western governments, multinational companies, and non-profit organisations (NGOs). It finds that governments, businesses and NGOs all show increased concern for democratic trends, but their strategies are beset by uncertainty and ambivalence.
David Armstrong
- Published in print:
- 1993
- Published Online:
- November 2003
- ISBN:
- 9780198275282
- eISBN:
- 9780191598739
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198275285.001.0001
- Subject:
- Political Science, International Relations and Politics
This study examines the impact of revolutionary states upon international society. These states have always posed major problems for the achievement of world order: revolution is often accompanied by ...
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This study examines the impact of revolutionary states upon international society. These states have always posed major problems for the achievement of world order: revolution is often accompanied by international as well as civil conflict, while revolutionary doctrines have proven to be highly disruptive of the existing structure of international politics. Conversely, the prevailing international order presents fundamental difficulties for some revolutionary states. The belief system on which its revolution was founded and which legitimized the assumption of state power by the revolutionary elite is certain to run counter to the prevailing political doctrines of many other states. David Armstrong asks whether revolutionary states are ‘socialized’ into adopting acceptable patterns of international behaviour, or whether it is the international society that is forced to change when these new states appear. He looks in detail at the French, American, and Russian revolutions and at several post‐1945 revolutionary states. He also examines the relationship between revolutionary states and the principal ordering devices of an international society: international law, diplomacy, and the balance of power. His book is a significant contribution to the ‘English School’ literature, whose central concept is that of an international society. It shows how the interaction between revolutionary states and the established norms, rules, and institutions of international society works to produce change in both the revolutionary state and international society itself. As such it elucidates the dynamic aspects of international society.Less
This study examines the impact of revolutionary states upon international society. These states have always posed major problems for the achievement of world order: revolution is often accompanied by international as well as civil conflict, while revolutionary doctrines have proven to be highly disruptive of the existing structure of international politics. Conversely, the prevailing international order presents fundamental difficulties for some revolutionary states. The belief system on which its revolution was founded and which legitimized the assumption of state power by the revolutionary elite is certain to run counter to the prevailing political doctrines of many other states. David Armstrong asks whether revolutionary states are ‘socialized’ into adopting acceptable patterns of international behaviour, or whether it is the international society that is forced to change when these new states appear. He looks in detail at the French, American, and Russian revolutions and at several post‐1945 revolutionary states. He also examines the relationship between revolutionary states and the principal ordering devices of an international society: international law, diplomacy, and the balance of power. His book is a significant contribution to the ‘English School’ literature, whose central concept is that of an international society. It shows how the interaction between revolutionary states and the established norms, rules, and institutions of international society works to produce change in both the revolutionary state and international society itself. As such it elucidates the dynamic aspects of international society.
Independent International Commission on Kosovo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199243099
- eISBN:
- 9780191599538
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243093.001.0001
- Subject:
- Political Science, International Relations and Politics
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including ...
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The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.Less
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.
Tim Mulgan
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199282203
- eISBN:
- 9780191603624
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019928220X.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book develops a new theory of the obligations to future generations, based on a new Rule Consequentialist account of the morality of individual reproduction. The result is a coherent, ...
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This book develops a new theory of the obligations to future generations, based on a new Rule Consequentialist account of the morality of individual reproduction. The result is a coherent, intuitively plausible moral theory that is not unreasonably demanding — even when extended to cover future people — and that accounts for a wide range of independently plausible intuitions covering individual morality, intergenerational justice, and international justice. In particular, it is superior to its two main rivals in this area: person-affecting theories and traditional Consequentialism. The former fall foul of Parfit’s Non-Identity Problem, while the latter are invariably implausibly demanding. Furthermore, many puzzles in contemporary value theory (such as Parfit’s Repugnant Conclusion) are best solved if strict Consequentialism is abandoned for a more moderate alternative. The heart of the book is the first systematic exploration of the Rule Consequentialist account of the morality of individual reproduction. This yields a strong commitment to reproductive freedom, and also provides the best foundation for a liberal theory of intergenerational and international justice. The final chapters argue that while it will include a Rule Consequentialist account of the morality of reproduction, the best overall moral theory is likely to be a composite one, such as the Combined Consequentialism the author developed in The Demands of Consequentialism.Less
This book develops a new theory of the obligations to future generations, based on a new Rule Consequentialist account of the morality of individual reproduction. The result is a coherent, intuitively plausible moral theory that is not unreasonably demanding — even when extended to cover future people — and that accounts for a wide range of independently plausible intuitions covering individual morality, intergenerational justice, and international justice. In particular, it is superior to its two main rivals in this area: person-affecting theories and traditional Consequentialism. The former fall foul of Parfit’s Non-Identity Problem, while the latter are invariably implausibly demanding. Furthermore, many puzzles in contemporary value theory (such as Parfit’s Repugnant Conclusion) are best solved if strict Consequentialism is abandoned for a more moderate alternative. The heart of the book is the first systematic exploration of the Rule Consequentialist account of the morality of individual reproduction. This yields a strong commitment to reproductive freedom, and also provides the best foundation for a liberal theory of intergenerational and international justice. The final chapters argue that while it will include a Rule Consequentialist account of the morality of reproduction, the best overall moral theory is likely to be a composite one, such as the Combined Consequentialism the author developed in The Demands of Consequentialism.
Daniel Butt
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218240
- eISBN:
- 9780191711589
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218240.003.0007
- Subject:
- Political Science, Political Theory, International Relations and Politics
The conclusion of the book reviews the three forms of morally relevant forms of connection with historic injustice, based on benefit, on the inheritance of entitlement, and on an ongoing failure to ...
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The conclusion of the book reviews the three forms of morally relevant forms of connection with historic injustice, based on benefit, on the inheritance of entitlement, and on an ongoing failure to fulfil rectificatory duties. These are presented as complementary but distinct bases for modern day rectificatory duties. It is claimed that taken together, these mean that those who advocate international libertarianism may have to accept the existence of demanding rectificatory duties, which may, in the short run, coincide with the demands of redistributive cosmopolitanism. Though present day individuals and groups may dislike the idea that they can acquire rectificatory duties in an involuntary fashion, without bearing moral responsibility for the original wrongdoing, they nonetheless act wrongly if they do not seek to rectify historic international injustice.Less
The conclusion of the book reviews the three forms of morally relevant forms of connection with historic injustice, based on benefit, on the inheritance of entitlement, and on an ongoing failure to fulfil rectificatory duties. These are presented as complementary but distinct bases for modern day rectificatory duties. It is claimed that taken together, these mean that those who advocate international libertarianism may have to accept the existence of demanding rectificatory duties, which may, in the short run, coincide with the demands of redistributive cosmopolitanism. Though present day individuals and groups may dislike the idea that they can acquire rectificatory duties in an involuntary fashion, without bearing moral responsibility for the original wrongdoing, they nonetheless act wrongly if they do not seek to rectify historic international injustice.
Rachel Kerr
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199263059
- eISBN:
- 9780191601422
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263051.001.0001
- Subject:
- Political Science, International Relations and Politics
This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its ...
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This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its duties as an impartial judicial body, given that it was established for political purposes. It is argued that the external political function did not undermine the Tribunal’s status as an impartial judicial body, but rather enhanced its effectiveness.Less
This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its duties as an impartial judicial body, given that it was established for political purposes. It is argued that the external political function did not undermine the Tribunal’s status as an impartial judicial body, but rather enhanced its effectiveness.
Karma Nabulsi
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294078
- eISBN:
- 9780191599972
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294077.003.0001
- Subject:
- Political Science, International Relations and Politics
This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the ...
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This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the search for these ideas is carried out in the domain of the laws of war by addressing the challenge posed by a particular principle in these laws: the distinction between combatant and non-combatant, a concept which has been recognized as the fundamental principle upon which the entire notion of ‘humanity in warfare’ rests (and has also been acknowledged as the most fragile). The forces underpinning this distinction (more precisely, a distinction between the lawful and unlawful combatant) are explored by presenting three ideologies, each representing a distinct political tradition of war, and each rooted in incommensurable conceptions of the good life; the overall argument of the book is that this incommensurability lay at the source of the failure fully to resolve the problem of distinction between lawful and unlawful combatants between 1874 and 1949. The book makes use of concepts and methods borrowed from a range of intellectual disciplines: political thought, history, and the ‘classical’ traditions of international theory. In the case of the latter, it examines the influence of key thinkers on war, such as Machiavelli, Grotius, and Rousseau, but differs from this orthodox approach in two ways: first, it is not seeking to ascertain the ‘true’ meaning of their philosophies, but rather to find how their political thoughts were interpreted and shaped by later generations; second, the examination is not restricted to abstract theorists and philosophers but is centrally concerned with paradigms constructed by practitioners of war, both professional and civilian.Less
This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the search for these ideas is carried out in the domain of the laws of war by addressing the challenge posed by a particular principle in these laws: the distinction between combatant and non-combatant, a concept which has been recognized as the fundamental principle upon which the entire notion of ‘humanity in warfare’ rests (and has also been acknowledged as the most fragile). The forces underpinning this distinction (more precisely, a distinction between the lawful and unlawful combatant) are explored by presenting three ideologies, each representing a distinct political tradition of war, and each rooted in incommensurable conceptions of the good life; the overall argument of the book is that this incommensurability lay at the source of the failure fully to resolve the problem of distinction between lawful and unlawful combatants between 1874 and 1949. The book makes use of concepts and methods borrowed from a range of intellectual disciplines: political thought, history, and the ‘classical’ traditions of international theory. In the case of the latter, it examines the influence of key thinkers on war, such as Machiavelli, Grotius, and Rousseau, but differs from this orthodox approach in two ways: first, it is not seeking to ascertain the ‘true’ meaning of their philosophies, but rather to find how their political thoughts were interpreted and shaped by later generations; second, the examination is not restricted to abstract theorists and philosophers but is centrally concerned with paradigms constructed by practitioners of war, both professional and civilian.
Sarah Percy
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199214334
- eISBN:
- 9780191706608
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214334.001.0001
- Subject:
- Political Science, International Relations and Politics
The main aim of this book is to argue that the use of private force by states has been restricted by a norm against mercenary use. It traces the evolution of this norm, from mercenaries in medieval ...
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The main aim of this book is to argue that the use of private force by states has been restricted by a norm against mercenary use. It traces the evolution of this norm, from mercenaries in medieval Europe through to private security companies in modern day Iraq, telling a story about how the mercenaries of yesterday have evolved into those of today in the process. The norm against mercenaries has two components. First, mercenaries are considered to be immoral because they use force outside legitimate, authoritative control. Second, mercenaries are considered to be morally problematic because they fight wars for selfish, financial reasons as opposed to fighting for some kind of larger conception of the common good. The book examines four puzzles about mercenary use, and argues that they can only be explained by understanding the norm against mercenaries. First, the book argues that moral disapproval of mercenaries led to the disappearance of independent mercenaries from medieval Europe. Second, the transition from armies composed of mercenaries to citizen armies in the 19th century can only be understood with attention to the norm against mercenaries. Third, it is impossible to understand why international law regarding mercenaries, created in the 1970s and 1980s, is so ineffective without understanding the norm. Finally, the disappearance of companies like Executive Outcomes and Sandline and the development of today's private security industry cannot be understood without the norm.Less
The main aim of this book is to argue that the use of private force by states has been restricted by a norm against mercenary use. It traces the evolution of this norm, from mercenaries in medieval Europe through to private security companies in modern day Iraq, telling a story about how the mercenaries of yesterday have evolved into those of today in the process. The norm against mercenaries has two components. First, mercenaries are considered to be immoral because they use force outside legitimate, authoritative control. Second, mercenaries are considered to be morally problematic because they fight wars for selfish, financial reasons as opposed to fighting for some kind of larger conception of the common good. The book examines four puzzles about mercenary use, and argues that they can only be explained by understanding the norm against mercenaries. First, the book argues that moral disapproval of mercenaries led to the disappearance of independent mercenaries from medieval Europe. Second, the transition from armies composed of mercenaries to citizen armies in the 19th century can only be understood with attention to the norm against mercenaries. Third, it is impossible to understand why international law regarding mercenaries, created in the 1970s and 1980s, is so ineffective without understanding the norm. Finally, the disappearance of companies like Executive Outcomes and Sandline and the development of today's private security industry cannot be understood without the norm.
Jude Hays
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195369335
- eISBN:
- 9780199871056
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369335.001.0001
- Subject:
- Political Science, Political Economy
On one level, the book is about how national institutions, such as electoral and labor market institutions, shape the political and policy responses of government to economic globalization: it is ...
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On one level, the book is about how national institutions, such as electoral and labor market institutions, shape the political and policy responses of government to economic globalization: it is about how domestic politics reacts to and interacts with the global economy and how institutions structure these relationships. However, on a deeper level, the book is about the political backlash against globalization in the Anglo-American democracies. The book's analysis is based on the fact that the future of the global economy is at stake, and possibly so is international peace and stability. The book analyzes the risks to the state of the international economy from economic nationalism, the current global economic crisis, and recent concerns over national security.Less
On one level, the book is about how national institutions, such as electoral and labor market institutions, shape the political and policy responses of government to economic globalization: it is about how domestic politics reacts to and interacts with the global economy and how institutions structure these relationships. However, on a deeper level, the book is about the political backlash against globalization in the Anglo-American democracies. The book's analysis is based on the fact that the future of the global economy is at stake, and possibly so is international peace and stability. The book analyzes the risks to the state of the international economy from economic nationalism, the current global economic crisis, and recent concerns over national security.
Andrew Altman and Christopher Heath Wellman
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199564415
- eISBN:
- 9780191721434
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564415.001.0001
- Subject:
- Political Science, Political Theory, International Relations and Politics
This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal ...
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This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.Less
This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.
Sarah Percy
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199214334
- eISBN:
- 9780191706608
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214334.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter presents a synthesis of the discussions in the preceding chapters. It shows that the norm against mercenary use has explained four different puzzles in international history. First, ...
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This chapter presents a synthesis of the discussions in the preceding chapters. It shows that the norm against mercenary use has explained four different puzzles in international history. First, anti-mercenary feeling can help illustrate why states gained control over the independent mercenary and established a controlled international trade in mercenaries. Second, it can help explain why, even though the controlled trade in private fighters was effective, it was abandoned in favour of citizen armies across Europe in the 19th century. Third, it is impossible to understand why international law on mercenaries is so flawed without understanding that states were attempting to adhere to a very strong norm against mercenary use which was difficult to translate into law, and was simultaneously supported by the norms of national self-determination and undermined by the norms of state responsibility and freedom of movement. Fourth, the growth of PMCs, their disappearance, and the rise of PSCs cannot be understood without understanding the normative obstacles modern-day mercenaries face, and the international community's response to the emergence of PMCs is likewise impossible to understand without attention to widespread normative discomfort with the use of private force.Less
This chapter presents a synthesis of the discussions in the preceding chapters. It shows that the norm against mercenary use has explained four different puzzles in international history. First, anti-mercenary feeling can help illustrate why states gained control over the independent mercenary and established a controlled international trade in mercenaries. Second, it can help explain why, even though the controlled trade in private fighters was effective, it was abandoned in favour of citizen armies across Europe in the 19th century. Third, it is impossible to understand why international law on mercenaries is so flawed without understanding that states were attempting to adhere to a very strong norm against mercenary use which was difficult to translate into law, and was simultaneously supported by the norms of national self-determination and undermined by the norms of state responsibility and freedom of movement. Fourth, the growth of PMCs, their disappearance, and the rise of PSCs cannot be understood without understanding the normative obstacles modern-day mercenaries face, and the international community's response to the emergence of PMCs is likewise impossible to understand without attention to widespread normative discomfort with the use of private force.
David Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.001.0001
- Subject:
- Law, Competition Law
This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important ...
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This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important relationships between those two domains and the way the resulting system shapes economic activity in all parts of the world. The laws, institutions, and principles of the international domain increasingly influence national competition law development, and national competition law experience provides both the lenses through which decision makers view transnational competition issues and the incentive structures that generate their competition law decisions. The analysis examines the ideas, institutions, and people that provide the legal framework for global competition; how they evolved, how they operate today, and the forces that are likely to influence their future development. US anti-trust experience has long been at the center of this global governance picture, but European competition law experience is also rich, varied, and potentially of great value for future competition law development. China, Japan, Korea, and newer players in Latin America and Africa will also play a key role in this future, and the analysis pays close attention to them as well. On the basis of this analysis, the book analyzes current global competition law proposals and outlines a strategy that utilizes these discussions, but more specifically addresses global economic development needs. This strategy may be developed within the institutional framework of the WTO, but it may also be pursued independently.Less
This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important relationships between those two domains and the way the resulting system shapes economic activity in all parts of the world. The laws, institutions, and principles of the international domain increasingly influence national competition law development, and national competition law experience provides both the lenses through which decision makers view transnational competition issues and the incentive structures that generate their competition law decisions. The analysis examines the ideas, institutions, and people that provide the legal framework for global competition; how they evolved, how they operate today, and the forces that are likely to influence their future development. US anti-trust experience has long been at the center of this global governance picture, but European competition law experience is also rich, varied, and potentially of great value for future competition law development. China, Japan, Korea, and newer players in Latin America and Africa will also play a key role in this future, and the analysis pays close attention to them as well. On the basis of this analysis, the book analyzes current global competition law proposals and outlines a strategy that utilizes these discussions, but more specifically addresses global economic development needs. This strategy may be developed within the institutional framework of the WTO, but it may also be pursued independently.
Lance Taylor (ed.)
- Published in print:
- 2001
- Published Online:
- September 2007
- ISBN:
- 9780195145465
- eISBN:
- 9780199783960
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195145465.001.0001
- Subject:
- Economics and Finance, International
Reports on the effects of the fundamental economic policy shift in transition and developing countries after the mid‐1980s. Since that time, the “external liberalization” of international trade and ...
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Reports on the effects of the fundamental economic policy shift in transition and developing countries after the mid‐1980s. Since that time, the “external liberalization” of international trade and finance has been among the principal forces for increasing global integration. This wave of deregulation was the central feature of globalization for the non‐industrialized world. The chapters in this book look at the experiences of nine countries – Argentina, Columbia, Cuba, India, Mexico, Russia, South Korea, Turkey, and Zimbabwe – and the often‐negative effects that liberalization has had on them. At best, the liberalization packages generated modest improvements in economic growth and distributional equity; at worst, they have been associated with increasing income inequality and slower growth, even in the presence of rising capital inflows. The country studies suggest that the effects of liberalization on growth, employment, and income distribution emerge from a complex set of forces on both the supply and demand sides of the economy. Redistribution of income and production across industries (typically from those producing traded goods to those producing nontraded goods) and groups within the labor force (typically from unskilled to skilled), as well as adverse shifts in “macro” prices such as real wage, interest, and exchange rates are part of the process. This degree of complexity and most of the unfavorable effects of deregulation were not anticipated, and are only now being widely recognized. The implication is that the liberalization strategy needs to be rethought. The contributors include policy recommendations for often‐overlooked problems and challenges posed by globalization.Less
Reports on the effects of the fundamental economic policy shift in transition and developing countries after the mid‐1980s. Since that time, the “external liberalization” of international trade and finance has been among the principal forces for increasing global integration. This wave of deregulation was the central feature of globalization for the non‐industrialized world. The chapters in this book look at the experiences of nine countries – Argentina, Columbia, Cuba, India, Mexico, Russia, South Korea, Turkey, and Zimbabwe – and the often‐negative effects that liberalization has had on them. At best, the liberalization packages generated modest improvements in economic growth and distributional equity; at worst, they have been associated with increasing income inequality and slower growth, even in the presence of rising capital inflows. The country studies suggest that the effects of liberalization on growth, employment, and income distribution emerge from a complex set of forces on both the supply and demand sides of the economy. Redistribution of income and production across industries (typically from those producing traded goods to those producing nontraded goods) and groups within the labor force (typically from unskilled to skilled), as well as adverse shifts in “macro” prices such as real wage, interest, and exchange rates are part of the process. This degree of complexity and most of the unfavorable effects of deregulation were not anticipated, and are only now being widely recognized. The implication is that the liberalization strategy needs to be rethought. The contributors include policy recommendations for often‐overlooked problems and challenges posed by globalization.
Daniel Engster
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199214358
- eISBN:
- 9780191706684
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214358.003.0005
- Subject:
- Political Science, Political Theory
This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon ...
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This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon care ethics, but their accounts are fairly general and say little about the rights and policies necessary for establishing caring relations among people across the world. The first half of this chapter develops a human rights framework based upon human beings' universal duty to care for others. The chapter argues that this framework avoids the central shortcomings of other international rights frameworks, and more generally provides a standard of justice that should be reasonably acceptable to people from diverse cultural and religious backgrounds. The second half of the chapter outlines some specific strategies and policies for enforcing human rights abroad and caring for distant others. In the last section, the chapter discusses the conditions under which care theory might justify the use of military force, especially for the sake of intervening into other countries for humanitarian purposes.Less
This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon care ethics, but their accounts are fairly general and say little about the rights and policies necessary for establishing caring relations among people across the world. The first half of this chapter develops a human rights framework based upon human beings' universal duty to care for others. The chapter argues that this framework avoids the central shortcomings of other international rights frameworks, and more generally provides a standard of justice that should be reasonably acceptable to people from diverse cultural and religious backgrounds. The second half of the chapter outlines some specific strategies and policies for enforcing human rights abroad and caring for distant others. In the last section, the chapter discusses the conditions under which care theory might justify the use of military force, especially for the sake of intervening into other countries for humanitarian purposes.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0006
- Subject:
- Political Science, International Relations and Politics
Perhaps the least discussed aspect of the 1919 settlement is its provisions on social justice, and yet an entire section of the Versailles Treaty and an article of the League Covenant were devoted to ...
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Perhaps the least discussed aspect of the 1919 settlement is its provisions on social justice, and yet an entire section of the Versailles Treaty and an article of the League Covenant were devoted to the international regulation of labour, which resulted in establishment of the International Labour Organization. These developments reflected the activities of the trade union movement, and particularly its Congresses during the war, as well as heightened sensitivity to labour in the context of both the war and the outbreak of the Russian revolution. It is clear that inclusion of a section on labour was sponsored by all of the Big Three powers for various political and instrumental reasons. What was radically new about the structure of the ILO was that it allowed membership from state representatives, but also from business and labour, thereby recognizing world society membership in an otherwise international society forum. The decisive argument was that social justice was properly the business of international society because it was fundamental to achieving international peace.Less
Perhaps the least discussed aspect of the 1919 settlement is its provisions on social justice, and yet an entire section of the Versailles Treaty and an article of the League Covenant were devoted to the international regulation of labour, which resulted in establishment of the International Labour Organization. These developments reflected the activities of the trade union movement, and particularly its Congresses during the war, as well as heightened sensitivity to labour in the context of both the war and the outbreak of the Russian revolution. It is clear that inclusion of a section on labour was sponsored by all of the Big Three powers for various political and instrumental reasons. What was radically new about the structure of the ILO was that it allowed membership from state representatives, but also from business and labour, thereby recognizing world society membership in an otherwise international society forum. The decisive argument was that social justice was properly the business of international society because it was fundamental to achieving international peace.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0007
- Subject:
- Political Science, International Relations and Politics
The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a ...
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The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a much higher profile. Why did this change take place? There is a substantial body of literature that accounts for it exclusively in terms of the activities of the US Consultants (representatives of NGOs), attached to the US Delegation. However, the role of Latin American states, as well as of the Soviet Union, needs to be remembered. The chapter draws attention to the problems surrounding the heroic role of the US consultants. It traces the evolution of thinking about human rights during the war years, culminating in the attendance of some 1,200 representatives of NGOs at the San Francisco conference. There is no doubt, therefore, that state officials were conscious of wide public expectations on the human rights front. Since popular support for the UN would be vital to its future effectiveness, respect for human rights can be seen as a kind of ‘social wage’ in return. This gave the individual a new standing in international society and international law.Less
The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a much higher profile. Why did this change take place? There is a substantial body of literature that accounts for it exclusively in terms of the activities of the US Consultants (representatives of NGOs), attached to the US Delegation. However, the role of Latin American states, as well as of the Soviet Union, needs to be remembered. The chapter draws attention to the problems surrounding the heroic role of the US consultants. It traces the evolution of thinking about human rights during the war years, culminating in the attendance of some 1,200 representatives of NGOs at the San Francisco conference. There is no doubt, therefore, that state officials were conscious of wide public expectations on the human rights front. Since popular support for the UN would be vital to its future effectiveness, respect for human rights can be seen as a kind of ‘social wage’ in return. This gave the individual a new standing in international society and international law.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0008
- Subject:
- Political Science, International Relations and Politics
As part of the ending of the Cold War, a summit of the Conference on Security and Cooperation in Europe agreed the Charter of Paris in 1990. Amongst other things, it expressed a commitment to ...
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As part of the ending of the Cold War, a summit of the Conference on Security and Cooperation in Europe agreed the Charter of Paris in 1990. Amongst other things, it expressed a commitment to democracy ‘as the only system of government of our nations’. If international society is considered to be pluralistic, this was a puzzling development: it was making an international principle of legitimacy out of a form of internal government. The chapter attempts to explain this development in terms of the role of world society, in the context of the dramatic events of the end of the Cold War. It shows that the commitment to democracy served obvious state purposes, but also responded to a wider social constituency of expectations. This case was pressed by a transnational network acting in support of democratic principles, and which organized parallel summits to shadow the CSCE process. This also responded to developments in international law where some theorists, such as Thomas Franck, claimed to have identified an emerging democratic entitlement.Less
As part of the ending of the Cold War, a summit of the Conference on Security and Cooperation in Europe agreed the Charter of Paris in 1990. Amongst other things, it expressed a commitment to democracy ‘as the only system of government of our nations’. If international society is considered to be pluralistic, this was a puzzling development: it was making an international principle of legitimacy out of a form of internal government. The chapter attempts to explain this development in terms of the role of world society, in the context of the dramatic events of the end of the Cold War. It shows that the commitment to democracy served obvious state purposes, but also responded to a wider social constituency of expectations. This case was pressed by a transnational network acting in support of democratic principles, and which organized parallel summits to shadow the CSCE process. This also responded to developments in international law where some theorists, such as Thomas Franck, claimed to have identified an emerging democratic entitlement.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is ...
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This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.Less
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.
Dominik Zaum
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199207435
- eISBN:
- 9780191708671
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207435.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter discusses the objectives and the scope of the book, and argues for the importance of a normative approach to international administrations. It explores three important ...
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This introductory chapter discusses the objectives and the scope of the book, and argues for the importance of a normative approach to international administrations. It explores three important methodological questions: first, in what ways can norms affect the activities of international administrations; second, how can we conceptualize and operationalize the ‘international community’ that creates and staffs these international administrations; and third, the selection of case studies.Less
This introductory chapter discusses the objectives and the scope of the book, and argues for the importance of a normative approach to international administrations. It explores three important methodological questions: first, in what ways can norms affect the activities of international administrations; second, how can we conceptualize and operationalize the ‘international community’ that creates and staffs these international administrations; and third, the selection of case studies.
