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Law Beyond the State

Dynamic Coordination, State Consent, and Binding International Law

Pavel, Carmen E. (Associate Professor in Political Economy, Associate Professor in Political Economy, King's College London)

Law Beyond the State

Law Beyond the State

Dynamic Coordination, State Consent, and Binding International Law

Law Beyond the State

 

The twenty-first century has revealed a deep-seated ambivalence toward the value and benefits of international law. This ambivalence is the result of states' two conflicting impulses: on the one hand, the recognition that their own interests and autonomy are better protected by entering agreements which set limits on how other states behave; on the other hand, the resolve to jealously guard their sovereign capacity to act unencumbered by constraints.


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Beschrijving Law Beyond the State

Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice.

In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level.

The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.


ISBN
9780197543894
Pagina's
216
Verschenen
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP USA

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