Ian Clark
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199219193
- eISBN:
- 9780191717734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219193.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter sketches the theoretical terrain to be reviewed in the remainder of the book in order to trace what has been happening to international legitimacy since the end of the Cold War. The ...
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This chapter sketches the theoretical terrain to be reviewed in the remainder of the book in order to trace what has been happening to international legitimacy since the end of the Cold War. The post-Cold War revival of legitimacy and the elements of contemporary legitimacy are discussed.Less
This chapter sketches the theoretical terrain to be reviewed in the remainder of the book in order to trace what has been happening to international legitimacy since the end of the Cold War. The post-Cold War revival of legitimacy and the elements of contemporary legitimacy are discussed.
Ian Clark
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199219193
- eISBN:
- 9780191717734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219193.003.0010
- Subject:
- Political Science, International Relations and Politics
This chapter revisits the recurrent matter of rightful membership as it now manifests itself in contemporary conditions. It argues that recent tendencies in international society's development of ...
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This chapter revisits the recurrent matter of rightful membership as it now manifests itself in contemporary conditions. It argues that recent tendencies in international society's development of that aspect of international legitimacy that deals with rightful membership point towards two starkly different conclusions. On the one hand, they invite the judgement that more so than at any earlier historical period, the two dimensions of legitimacy — the domestic and the international — have been brought into intimate relationship with each other. On the other hand, such a conception has brought to the fore the tension between international society's own commitment to a certain form of state, as appropriate for membership, and the seemingly divergent basis of its own pragmatic and pluralistic activities.Less
This chapter revisits the recurrent matter of rightful membership as it now manifests itself in contemporary conditions. It argues that recent tendencies in international society's development of that aspect of international legitimacy that deals with rightful membership point towards two starkly different conclusions. On the one hand, they invite the judgement that more so than at any earlier historical period, the two dimensions of legitimacy — the domestic and the international — have been brought into intimate relationship with each other. On the other hand, such a conception has brought to the fore the tension between international society's own commitment to a certain form of state, as appropriate for membership, and the seemingly divergent basis of its own pragmatic and pluralistic activities.
Ian Clark
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199219193
- eISBN:
- 9780191717734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219193.003.0012
- Subject:
- Political Science, International Relations and Politics
This chapter analyzes the relationship between legitimacy and its cognate norms; namely, those of legality, morality, and constitutionality. It criticizes propositions to the effect that a choice can ...
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This chapter analyzes the relationship between legitimacy and its cognate norms; namely, those of legality, morality, and constitutionality. It criticizes propositions to the effect that a choice can be made between legitimacy, on the one hand, and particular norms, on the other. It does so for several reasons. First, legitimacy possesses no independent normative content of its own that would make such a choice meaningful. Second, the notion of legitimacy is always mediated through a composite of other norms, and cannot be ranged against them individually. Third, the tensions that arise are amongst those discrete norms themselves, rather than between each individually and legitimacy.Less
This chapter analyzes the relationship between legitimacy and its cognate norms; namely, those of legality, morality, and constitutionality. It criticizes propositions to the effect that a choice can be made between legitimacy, on the one hand, and particular norms, on the other. It does so for several reasons. First, legitimacy possesses no independent normative content of its own that would make such a choice meaningful. Second, the notion of legitimacy is always mediated through a composite of other norms, and cannot be ranged against them individually. Third, the tensions that arise are amongst those discrete norms themselves, rather than between each individually and legitimacy.
Ian Clark
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199219193
- eISBN:
- 9780191717734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219193.003.0011
- Subject:
- Political Science, International Relations and Politics
This chapter explores the issue of consensus, and what this means for contemporary society. Topics discussed include the nature of consensus, the kind of consensus important in international society, ...
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This chapter explores the issue of consensus, and what this means for contemporary society. Topics discussed include the nature of consensus, the kind of consensus important in international society, the 1991 Gulf War, Kosovo in 1999, and the 2003 Iraq War. It is argued that consensus is clearly important for legitimacy, but its decisiveness depends on whether consensus is valuable in its own right, or, more fundamentally, because it is thought to indicate a correspondence with the other norms of international society.Less
This chapter explores the issue of consensus, and what this means for contemporary society. Topics discussed include the nature of consensus, the kind of consensus important in international society, the 1991 Gulf War, Kosovo in 1999, and the 2003 Iraq War. It is argued that consensus is clearly important for legitimacy, but its decisiveness depends on whether consensus is valuable in its own right, or, more fundamentally, because it is thought to indicate a correspondence with the other norms of international society.
Ian Clark
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199219193
- eISBN:
- 9780191717734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219193.003.0013
- Subject:
- Political Science, International Relations and Politics
This chapter develops the idea that legitimacy is intimately related to power, and considers the extent to which contemporary problems affecting international legitimacy simply reflect the current ...
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This chapter develops the idea that legitimacy is intimately related to power, and considers the extent to which contemporary problems affecting international legitimacy simply reflect the current distribution of power. It considers the specific debate about US hegemony in the contemporary world situation. It argues that the problem for legitimacy in contemporary international society does indeed reside in disequilibrium, but not in any straightforward sense. It is not simply a matter of international society coming to terms with the lack of a balance of power. Nor, for that matter, is it the case of international society having to adjust to the preferences and vagaries of US policy, as they variably reflect these underlying power conditions. The contemporary idea of legitimacy attaches itself to a notion of acceptable leadership in conditions of hegemony. That is to say that it must be a leadership that is acceptable both to international society at large, and also to the predominant state called upon to play that role.Less
This chapter develops the idea that legitimacy is intimately related to power, and considers the extent to which contemporary problems affecting international legitimacy simply reflect the current distribution of power. It considers the specific debate about US hegemony in the contemporary world situation. It argues that the problem for legitimacy in contemporary international society does indeed reside in disequilibrium, but not in any straightforward sense. It is not simply a matter of international society coming to terms with the lack of a balance of power. Nor, for that matter, is it the case of international society having to adjust to the preferences and vagaries of US policy, as they variably reflect these underlying power conditions. The contemporary idea of legitimacy attaches itself to a notion of acceptable leadership in conditions of hegemony. That is to say that it must be a leadership that is acceptable both to international society at large, and also to the predominant state called upon to play that role.
William Bain
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199260263
- eISBN:
- 9780191600975
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199260265.003.0006
- Subject:
- Political Science, International Relations and Politics
On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as ...
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On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as the supreme form of political organization in post‐colonial international society—an international society in which dominions, colonies, principalities, free cities, and, of course, mandates and trust territories have all but vanished. However, the ostensible failure of this post‐colonial project—the fact that the promise of peace and prosperity held out by independent statehood is too often betrayed by appalling violence and absolute poverty—has reinvigorated interest in trusteeship as a way of responding to problems of international disorder and injustice. The purpose of this chapter is threefold: first, it examines the principal dilemma of decolonization that has resulted in a renewed interest in trusteeship; second, it considers this renewed interest in trusteeship in the context of international involvement in administering Bosnia and Herzegovina, Kosovo, and, until recently, East Timor; third, it reflects upon the normative implications that a resurrected practice of trusteeship carries for a society of states that is premised on the juridical equality of all its members. The five sections of the chapter are: The False Promise of post‐Colonial Independence; Innovation and Convention—the case for trusteeship in Bosnia and Herzegovina, Kosovo, and East Timor; The New International Legitimacy—the resurrection of trusteeship; A Universal Society of States?; and Answering the Call of Humanity.Less
On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as the supreme form of political organization in post‐colonial international society—an international society in which dominions, colonies, principalities, free cities, and, of course, mandates and trust territories have all but vanished. However, the ostensible failure of this post‐colonial project—the fact that the promise of peace and prosperity held out by independent statehood is too often betrayed by appalling violence and absolute poverty—has reinvigorated interest in trusteeship as a way of responding to problems of international disorder and injustice. The purpose of this chapter is threefold: first, it examines the principal dilemma of decolonization that has resulted in a renewed interest in trusteeship; second, it considers this renewed interest in trusteeship in the context of international involvement in administering Bosnia and Herzegovina, Kosovo, and, until recently, East Timor; third, it reflects upon the normative implications that a resurrected practice of trusteeship carries for a society of states that is premised on the juridical equality of all its members. The five sections of the chapter are: The False Promise of post‐Colonial Independence; Innovation and Convention—the case for trusteeship in Bosnia and Herzegovina, Kosovo, and East Timor; The New International Legitimacy—the resurrection of trusteeship; A Universal Society of States?; and Answering the Call of Humanity.
David Armstrong
- Published in print:
- 1993
- Published Online:
- November 2003
- ISBN:
- 9780198275282
- eISBN:
- 9780191598739
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198275285.003.0004
- Subject:
- Political Science, International Relations and Politics
The question of the origins of the French revolutionary wars is controversial, with some seeing them as fundamentally ideological, others as power‐political. The Revolution undermined in some ...
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The question of the origins of the French revolutionary wars is controversial, with some seeing them as fundamentally ideological, others as power‐political. The Revolution undermined in some significant respect the central assumptions of the Westphalian conception of international society by advancing a new understanding of international legitimacy, through its cosmopolitan aspects, through its challenge to international law and diplomacy, and through its transformation of warfare. The vigour of the counter‐revolutionary response, particularly from Prussia and Austria, derived in large part from a perception that the Revolution posed a challenge to the international system as a whole. Napoleon also threatened the balance of power in Europe.Less
The question of the origins of the French revolutionary wars is controversial, with some seeing them as fundamentally ideological, others as power‐political. The Revolution undermined in some significant respect the central assumptions of the Westphalian conception of international society by advancing a new understanding of international legitimacy, through its cosmopolitan aspects, through its challenge to international law and diplomacy, and through its transformation of warfare. The vigour of the counter‐revolutionary response, particularly from Prussia and Austria, derived in large part from a perception that the Revolution posed a challenge to the international system as a whole. Napoleon also threatened the balance of power in Europe.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Sammy Smooha
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244348
- eISBN:
- 9780191599866
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244340.003.0013
- Subject:
- Political Science, UK Politics
Smooha argues that Jews have settled in Palestine – Land of Israel in sufficient strength to establish a strong independent state in part of the area (pre‐1967 Israel), although their attempt to ...
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Smooha argues that Jews have settled in Palestine – Land of Israel in sufficient strength to establish a strong independent state in part of the area (pre‐1967 Israel), although their attempt to incorporate the rest (the West Bank and Gaza) by settlement has failed. As a result, partition has become the most feasible way to resolve the Jewish–Palestinian conflict. In Ireland, by contrast, the position of British settlers (Protestants) is said to be much weaker than their Jewish counterparts. The Protestants are weak demographically, lack international legitimacy, are not supported by Britain, and are faced with a confident Irish nationalism. As a consequence, the historical trend points to Britain's withdrawal and an end to the partition of Ireland as the most likely form of conflict resolution.Less
Smooha argues that Jews have settled in Palestine – Land of Israel in sufficient strength to establish a strong independent state in part of the area (pre‐1967 Israel), although their attempt to incorporate the rest (the West Bank and Gaza) by settlement has failed. As a result, partition has become the most feasible way to resolve the Jewish–Palestinian conflict. In Ireland, by contrast, the position of British settlers (Protestants) is said to be much weaker than their Jewish counterparts. The Protestants are weak demographically, lack international legitimacy, are not supported by Britain, and are faced with a confident Irish nationalism. As a consequence, the historical trend points to Britain's withdrawal and an end to the partition of Ireland as the most likely form of conflict resolution.
Mikulas Fabry
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199564446
- eISBN:
- 9780191722325
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564446.003.0002
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
Chapter 1 investigates the early practice of state recognition. It reveals that prior to 1815 international legitimacy centered on the notion of state rights, which, given that most states were ...
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Chapter 1 investigates the early practice of state recognition. It reveals that prior to 1815 international legitimacy centered on the notion of state rights, which, given that most states were hereditary monarchies, was taken to imply dynastic rights. There was a general consensus that new states could be formed only with the consent of their legitimate parent sovereign. The ability to take effective control of a territory could not by itself establish legitimate titles to territory.Less
Chapter 1 investigates the early practice of state recognition. It reveals that prior to 1815 international legitimacy centered on the notion of state rights, which, given that most states were hereditary monarchies, was taken to imply dynastic rights. There was a general consensus that new states could be formed only with the consent of their legitimate parent sovereign. The ability to take effective control of a territory could not by itself establish legitimate titles to territory.
Armin von Bogdandy and Matthias Goldmann
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199674374
- eISBN:
- 9780191752315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199674374.003.0003
- Subject:
- Law, Company and Commercial Law, Public International Law
This paper argues that many sovereign debt restructurings as agreed between defaulting states and their multilateral, bilateral, or private creditors constitute exercises of international public ...
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This paper argues that many sovereign debt restructurings as agreed between defaulting states and their multilateral, bilateral, or private creditors constitute exercises of international public authority. Their authoritative character results from their effects on the citizens of the defaulting state, especially through adjustment programs. They also affect taxpayers in lending states as well as private creditors. Their public and international character derives from their legal basis in hard or soft public international law. As a consequence of their qualification as exercises of international public authority, sovereign debt restructurings need to be framed by public law in order to ensure their legitimacy. This paper shows how legal scholarship might promote the development of such a public law framework. The paper then proposes a set of legal principles for sovereign debt restructurings. Some of them might already exist de lege lata, while others should be understood as proposals de lege ferenda. Legal scholarship is especially useful for developing procedural requirements, while substantive issues require a political decision, with the exception of the need to respect fundamental human rights. Most importantly, however, the qualification of sovereign debt restructurings as exercises of public authority requires domestic and international courts and tribunals to defer to them and to stay enforcement as long as such restructurings are being negotiated or implemented. A general principle of law to that effect seems to be emerging. In deciding about a stay, domestic and international courts and tribunals might control the legitimacy of sovereign debt restructurings.Less
This paper argues that many sovereign debt restructurings as agreed between defaulting states and their multilateral, bilateral, or private creditors constitute exercises of international public authority. Their authoritative character results from their effects on the citizens of the defaulting state, especially through adjustment programs. They also affect taxpayers in lending states as well as private creditors. Their public and international character derives from their legal basis in hard or soft public international law. As a consequence of their qualification as exercises of international public authority, sovereign debt restructurings need to be framed by public law in order to ensure their legitimacy. This paper shows how legal scholarship might promote the development of such a public law framework. The paper then proposes a set of legal principles for sovereign debt restructurings. Some of them might already exist de lege lata, while others should be understood as proposals de lege ferenda. Legal scholarship is especially useful for developing procedural requirements, while substantive issues require a political decision, with the exception of the need to respect fundamental human rights. Most importantly, however, the qualification of sovereign debt restructurings as exercises of public authority requires domestic and international courts and tribunals to defer to them and to stay enforcement as long as such restructurings are being negotiated or implemented. A general principle of law to that effect seems to be emerging. In deciding about a stay, domestic and international courts and tribunals might control the legitimacy of sovereign debt restructurings.
Robert G. Kaufman
- Published in print:
- 2007
- Published Online:
- September 2011
- ISBN:
- 9780813124346
- eISBN:
- 9780813134987
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813124346.003.0005
- Subject:
- Political Science, American Politics
Multilateral liberalists are another group critical of President Bush's foreign policy. They contend that liberal democratic institutions play a primary role in mitigating rivalry and fostering ...
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Multilateral liberalists are another group critical of President Bush's foreign policy. They contend that liberal democratic institutions play a primary role in mitigating rivalry and fostering legitimacy, and that the unilateral use of force abroad, even for humanitarian concerns, must be kept to a minimum. Like realists, multilateral liberalists differ in their views on a number of issues but, unlike realists, they tend to overestimate the influence of soft power, the effectiveness of international institutions and the likelihood of stable, liberal democracies generating a consensus on the need to undertake strong, effective action against major threats. While the US should never ignore the views of other nations, alliances, and international organizations such as the UN and NATO, it is not in the country's interest to make unanimity among them a categorical imperative in its decision to use force and in crafting foreign policy.Less
Multilateral liberalists are another group critical of President Bush's foreign policy. They contend that liberal democratic institutions play a primary role in mitigating rivalry and fostering legitimacy, and that the unilateral use of force abroad, even for humanitarian concerns, must be kept to a minimum. Like realists, multilateral liberalists differ in their views on a number of issues but, unlike realists, they tend to overestimate the influence of soft power, the effectiveness of international institutions and the likelihood of stable, liberal democracies generating a consensus on the need to undertake strong, effective action against major threats. While the US should never ignore the views of other nations, alliances, and international organizations such as the UN and NATO, it is not in the country's interest to make unanimity among them a categorical imperative in its decision to use force and in crafting foreign policy.
Jennifer L. Erickson
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780231170963
- eISBN:
- 9780231539036
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231170963.003.0002
- Subject:
- Political Science, Conflict Politics and Policy
This chapter outlines a theoretical argument of social reputation in explaining the states' commitment and compliance with “responsible” arms export controls. Generally, the argument holds that ...
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This chapter outlines a theoretical argument of social reputation in explaining the states' commitment and compliance with “responsible” arms export controls. Generally, the argument holds that states support popular norms and policies in order to reap social benefits, such as positive self-image and increased international legitimacy. The argument proceeds in two parts. One is concerned with states seeking to signal that they possess the qualities of good international citizens, supporting peace and human rights. The other introduces the argument's domestic facet, claiming that the states' governments faced with arm trade scandal or the threat of it are more likely to seek improvements to their export practice, which is to conform more closely to policies and controls. The chapter finally provides alternative explanations premised on how states' interests—national security, economic gain, and defense boost—are conceived in conjunction to their commitment to meet international controls.Less
This chapter outlines a theoretical argument of social reputation in explaining the states' commitment and compliance with “responsible” arms export controls. Generally, the argument holds that states support popular norms and policies in order to reap social benefits, such as positive self-image and increased international legitimacy. The argument proceeds in two parts. One is concerned with states seeking to signal that they possess the qualities of good international citizens, supporting peace and human rights. The other introduces the argument's domestic facet, claiming that the states' governments faced with arm trade scandal or the threat of it are more likely to seek improvements to their export practice, which is to conform more closely to policies and controls. The chapter finally provides alternative explanations premised on how states' interests—national security, economic gain, and defense boost—are conceived in conjunction to their commitment to meet international controls.
Won L. Kidane
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199973927
- eISBN:
- 9780199361922
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199973927.001.0001
- Subject:
- Law, Private International Law, Company and Commercial Law
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, ...
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Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic in the literature. This book fills that gap by providing an in-depth analysis of the role of culture in modern-day arbitral proceedings. In particular, it contains a detailed analysis of how cultural miscommunication could affect accuracy, efficiency, and fairness in both commercial and investment arbitration when the arbitrators and the parties, their counsel, and witnesses come from diverse legal traditions and cultures. To demonstrate the root causes of the miscommunications, the book not only provides a comprehensive definition of culture itself but also methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions affects outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel and acquiring appropriate levels of cultural competence. To provide an accurate and rich picture of current cross-cultural difficulties within the arbitration field, Kidane conducted interviews with leading international jurists from diverse legal traditions with firsthand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and provides a unique and useful perspective to all practitioners, academics, policymakers, students, and users of international arbitration.Less
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic in the literature. This book fills that gap by providing an in-depth analysis of the role of culture in modern-day arbitral proceedings. In particular, it contains a detailed analysis of how cultural miscommunication could affect accuracy, efficiency, and fairness in both commercial and investment arbitration when the arbitrators and the parties, their counsel, and witnesses come from diverse legal traditions and cultures. To demonstrate the root causes of the miscommunications, the book not only provides a comprehensive definition of culture itself but also methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions affects outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel and acquiring appropriate levels of cultural competence. To provide an accurate and rich picture of current cross-cultural difficulties within the arbitration field, Kidane conducted interviews with leading international jurists from diverse legal traditions with firsthand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and provides a unique and useful perspective to all practitioners, academics, policymakers, students, and users of international arbitration.
Sarah Birch
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780198757986
- eISBN:
- 9780191817878
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198757986.003.0009
- Subject:
- Political Science, Comparative Politics
This chapter argues that globalization affects popular perceptions of electoral fairness and quality because it is responsible for putting pressure on states to hold credible elections, as states do ...
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This chapter argues that globalization affects popular perceptions of electoral fairness and quality because it is responsible for putting pressure on states to hold credible elections, as states do not wish to jeopardize their domestic and international legitimacy. The analysis that is presented here extends previous work on the role of electoral institutions in shaping popular evaluations of electoral processes by exploring the impact of a state’s international position on confidence in electoral conduct. Using data from Module 1 of the Comparative Study of Electoral Systems (CSES), the chapter finds that globalization has a positive effect on individual‐level perceptions of electoral fairness.Less
This chapter argues that globalization affects popular perceptions of electoral fairness and quality because it is responsible for putting pressure on states to hold credible elections, as states do not wish to jeopardize their domestic and international legitimacy. The analysis that is presented here extends previous work on the role of electoral institutions in shaping popular evaluations of electoral processes by exploring the impact of a state’s international position on confidence in electoral conduct. Using data from Module 1 of the Comparative Study of Electoral Systems (CSES), the chapter finds that globalization has a positive effect on individual‐level perceptions of electoral fairness.
Asaf Siniver
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780199330669
- eISBN:
- 9780199388196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199330669.003.0008
- Subject:
- History, Middle East History
This chapter illustrates how Israel’s foreign policy was predicated on the assumption that Arab hostility was a permanent feature in the region and that the Arab states had no genuine interest in ...
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This chapter illustrates how Israel’s foreign policy was predicated on the assumption that Arab hostility was a permanent feature in the region and that the Arab states had no genuine interest in reaching a political settlement. Assuming an environment of continuous conflict, Israeli foreign policy was thus the product of a ‘worst-case scenario’ outlook whereby peace negotiations were often overshadowed by security considerations. On the international stage, this meant that foreign policy was primarily aimed at securing international legitimacy and establishing a positive image abroad through effective public diplomacy at a time when Israel’s military operations caused much consternation internationally. Secret diplomacy, therefore, became a cornerstone of Israel’s foreign policy, either for the purpose of developing relations with countries which publicly did not recognise the Jewish state, or as a tool to secure Israel’s national interests in the periphery.Less
This chapter illustrates how Israel’s foreign policy was predicated on the assumption that Arab hostility was a permanent feature in the region and that the Arab states had no genuine interest in reaching a political settlement. Assuming an environment of continuous conflict, Israeli foreign policy was thus the product of a ‘worst-case scenario’ outlook whereby peace negotiations were often overshadowed by security considerations. On the international stage, this meant that foreign policy was primarily aimed at securing international legitimacy and establishing a positive image abroad through effective public diplomacy at a time when Israel’s military operations caused much consternation internationally. Secret diplomacy, therefore, became a cornerstone of Israel’s foreign policy, either for the purpose of developing relations with countries which publicly did not recognise the Jewish state, or as a tool to secure Israel’s national interests in the periphery.
