application/pdf These changes were not popular, but were embedded by training local officials with implementation advice. A nation among the community of nations which violates the law, for example, by disregarding a treaty obligation, would certainly be subject to social disapproval by the other nations. [4], The prosaic reality of actualized PIL regulates our travels, communications, and entertainment; the clothes we wear, the food we consume, and the technologies we use. endobj Comparing International Law AcademicsI. PIL takes place in a context, it is part of a larger system, and that larger system dictates which visions of PIL will be realised, and which will not. She also shows that significant imbalances exist as to the degree of influence exercised by some national communities (in particular Western, English-speaking states such as the UK and USA) as compared to others when it comes to shaping its substantive content. <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> In general, the detail of Robertss empirical findingsand the way in which she convincingly establishes links between particular trends in the professional formation of legal academics from specific states, the contents of the textbooks they write, and prevailing attitudes in those states toward the content of international law6presents a compelling picture of international law as a comparative discipline, molded by the interplay of often diverging national views as to its content. Winner of the ASIL 2018 Certificate of Merit for a preeminent contribution to creative scholarship Winner of the 2017 Global Discourse Award for interdisciplinary contemporary thought applied to global problems Shortlisted for the 2019 Hart-SLSA Book Prize Longlisted for the CHASS (Council for the Humanities, Arts, and Social Sciences) Australia Book Prize Honorable Mention for the International Studies Association's Best International Law Book Award, "In her masterful work, Is International Law International?, Anthea Roberts convincingly shatters our illusions about international law's universality, and makes the case for comparison in international law. endobj This evidence base is used to support wider arguments about how international law is constructed across and between different national contexts. New recruits of the Chinese Navy fleet stand with their guns during the parade marking the end of their first training session in Qingdao, China, on March 4, 2013. Itgoverns the so-called developing world in a manner which structurally precludes development; itproducesthe oppressive governance of planned misery. The United States even passed a law in 2002 that prohibits its allies from handing American citizens over to the court for prosecution. (AP Photo/Lee Jin-man, File) - <> The book also leaves a wider normative question unaddressed. Its binding quality is recognized by international and municipal courts and by statesmen in their daily inter- state dealings. They can be arrested, stand trial, and pay a fine or go to prison if found guilty. One actualised, the other performed. The reality there looks quite different. These new economic policies did not bring development, in fact they further impoverished and indebted the states, creating perpetual debt peonage. As Ntina Tzouvala has demonstrated, PIL is a system of global plunder legitimated by the contradictory argumentative pattern of civilisation. international law relates to whether the international law could be regarded as a real a law or not. In this sense, international law is really 'law.' Imagine someone agreeing not to commit murder but saying laws about robbery dont apply to them. She specializes in public international law, investment treaty law and arbitration, and comparative international law. Yes, I used the c-word, but PIL is a colonial project. 62 0 obj That body of rules and regulations is collectively known as international law. It is likely to loom large in international law debates for years to come. -- Samuel Moyn, Professor of Law, Yale Law School, "This book is a must-read for every international lawyer and negotiator. Following the argument of other international law scholars that, international law does not possess a proper and adequate enforcement mechanism, the question which then comes to the fore is whether or not this inadequacy deems international law not to have the facets and characteristics of what is known as law in the modern day society. 58 0 obj How the World Works and Sometimes Doesnt, Teaching ResourcesGlobal Governance: Introduction, territorial claims to the highly contested South China Sea. For international law recognizes that the social-disapproval factor operates as a sanction. This means you are free to share/repost/republish/remix for non-commercial purposes on condition that you acknowledge CLT and link to the source page. L. (forthcoming 2018). is thus not just a treat for international lawyersit is also a book that should be read by others, and reflected upon with a due sense of disciplinary humility. The International Court of Justice (ICJ), sometimes known as the World Court, is the official court of the United Nations. 15 0 obj Thus, international law is mostly criticized on the basis that it cannot be enforced to the fullest as in the case of domestic law. Does this matter? These claims were never going to be realised, they are simply our subjective desires being presented as legal imperatives. In 2016, the court ruled that Chinas territorial claims to the highly contested South China Sea had no basis in international law. Would love to read another similar post, written entirely on IHRL. Despite that mandate, the ICC lacks serious enforcement powers, which severely limits its effectiveness. Thinking about international law will never be quite the same again." endobj PIL enabled the plunder of the world by the Empires of Western Europe. In addition to the ICJ, ICC, and ECHR, dozens of courts and tribunals work to enforce international law. Rather than asking that age old question: Is international law, law?, she considers instead: Is international law international? It creates an effective compliance mechanism for foreign investors and multinational corporations, who can enforce arbitral awards through the NewYork Convention.[9]. endobj Notify me of follow-up comments by email. Robertss call for international lawyers to see the world through the eyes of others, to interrogate rigorously their own assumptions and practices, and to be aware of patterns of difference, dominance, and disruption in their chosen field should resonate with anyone with a serious commitment to comparative legal research. In her incisive and well-argued Chapter Six, she notes that the post-Cold War international world order appears to be undergoing a profound shift, with President Trumps policy of disengagement and initiatives such as the Sino-Russian Joint Declaration on International Law issued in June 2016. All rights reserved. This much can be taken as given. Your email address will not be published. These institutions act in concert, forming the GLO. The packaging of the hardback edition of Is international Law International?