How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
The global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law. Based on the 2012 World Trade Forum, this volume brings together leading scholars, practitioners and policy makers in international economic law in order to examine the potential of law and legal methodology to contribute to international monetary stability. It explores the links between and lessons to be learnt from existing international investment and trading systems and studies some specific policy issues which have a direct impact on monetary affairs, such as exchange rate policy, sovereign debt, taxation, competitiveness, trade imbalances, austerity programmes and human rights.
The global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law. Based on the 2012 World Trade Forum, this volume brings together leading scholars, practitioners and policy makers in international economic law in order to examine the potential of law and legal methodology to contribute to international monetary stability. It explores the links between and lessons to be learnt from existing international investment and trading systems and studies some specific policy issues which have a direct impact on monetary affairs, such as exchange rate policy, sovereign debt, taxation, competitiveness, trade imbalances, austerity programmes and human rights.
How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
John Murphy offers an insightful analysis of why the United States does not always accept the rule of law in international affairs, even though it has made immense contributions to its creation, adoption, and implementation. Examining the reasons for this failure, John Murphy analyses a number of cases, not to make a case that the United States has been an international outlaw, but to illustrate the wide-ranging difficulties standing in the way of US adherence to the rule of law. He explains how the nature of the US legal system and the idiosyncrasies of the international legal process combine to compound problems for the United States, and he explores several alternative scenarios for the position of the United States vis-à-vis international law. This timely book offers a much needed examination of US attitudes and practices and makes a major contribution to the contemporary literature in international law and international relations.
John Murphy offers an insightful analysis of why the United States does not always accept the rule of law in international affairs, even though it has made immense contributions to its creation, adoption, and implementation. Examining the reasons for this failure, John Murphy analyses a number of cases, not to make a case that the United States has been an international outlaw, but to illustrate the wide-ranging difficulties standing in the way of US adherence to the rule of law. He explains how the nature of the US legal system and the idiosyncrasies of the international legal process combine to compound problems for the United States, and he explores several alternative scenarios for the position of the United States vis-à-vis international law. This timely book offers a much needed examination of US attitudes and practices and makes a major contribution to the contemporary literature in international law and international relations.
This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the
The U.S. Department of State, through its Bureau of International Narcotics and Law Enforcement Affairs (INL), provides foreign assistance and supports capacity building for criminal justice systems and police organizations in approximately 90 countries around the world. It has a mandate to strengthen fragile states, support democratic transitions, and stabilize conflict-affected societies by helping partner countries develop effective and accountable criminal justice sector institutions and systems. While the science of policing outcomes has grown in recent years, it is limited in context, with much of the research conducted on policing taking place in the Global North countries (e.g., the United Kingdom and United States). It is also limited in purpose, with much research focused on examining crime reduction as opposed to examining the harms to the public as the result of crimes, violence, and any effects of policing activities. At the request of INL, Policing to Promote the Rule of
International maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. Serving the Rule of International Maritime La
This study of the character and policies of Charles I provides an analysis of the political crisis leading to his personal rule in England during the years before the civil wars. It fills a gap in the historical literature of the period by integrating ideological with political developments and English with international affairs. It is also a contribution to the wider European history of a critical phase of the Thirty Years War. The book offers a new way of understanding Charles by demonstrating how ill-suited his personality was to the workings of the political world. It also argues that Charles's innovatory rule created a new pattern of national politics deeply destructive in its effects. The book gives a gripping account of the king's willingness to pervert the due process of law in dealing with his political opponents, as well as investigating his failures in religious and foreign policy.
Rule of law is a core Hong Kong value, providing a defensive wall around the territory and protecting its way of life against 'mainlandisation'. Before the 1997 retrocession to China, fears were widespread that the rights and freedoms enjoyed under colonial rule would be eroded, that the rule of law would be weakened and that corruption would increase. Soon, the first blows were struck against the rule of law via an NPCSC ruling which overturned the judgment of the Court of Final Appeal. Successive interventions by Beijing in Hong Kong's legal and political affairs have given rise to fears about the loss of the rule of law and loss of identity. These fears have subsequently provoked mass street demonstrations, including the 'Umbrella Revolution' of 2014. But, as this book shows, Hong Kongers also use less explicit arts of resistance to maintain their identity.
From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.
Frequent instances of intervention in current world affairs have threatened the status of nonintervention as a rule of international relations. Gathering evidence from history, law, sociology, and pol
China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with
China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with
Frequent instances of intervention in current world affairs have threatened the status of nonintervention as a rule of international relations. Gathering evidence from history, law, sociology, and pol
