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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.

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.

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.

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.

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.

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.

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.

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.

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.