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Research Handbook on Law and Diplomacy

Research Handbook on Law and Diplomacy

Author: David Stewart; Margaret E. McGuinness
Publisher: Edward Elgar Publishing
ISBN: 9781789908466
Published In: December 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship.

An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors – including NGOs and corporations – in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct.

This Handbook will be helpful to advanced undergraduate and law students, as well as researchers, practitioners and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.

Preface

1. The interdependence of law and diplomacy: introduction to the Research Handbook on Law and Diplomacy

Margaret E. McGuinness and David P. Stewart

PART I. HISTORICAL PERSPECTIVES AND CASE STUDIES IN LAW AND DIPLOMACY

2. Law, diplomacy and German unification

Jeremy Hill and Michael Wood

3. Law and diplomacy in the compulsory conciliation between Australia and Timor-Leste

Katrina Cooper

4. Lawyering and the use of force in Libya and Syria operations

Mary B. DeRosa

PART II. LAW, DIPLOMACY AND INTERNATIONAL DISPUTE RESOLUTION

5. At the intersection of diplomacy and international law: the ISDS reform process

Chiara Giorgetti

6. Disequilibrium in the multilateral trading system and the (necessary) return of diplomacy

Robert McDougall

PART III. LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS

7. The IMF and the evolution of international monetary and financial law

Sean Hagan

8. Law and diplomacy at the World Health Organization

Steven A. Solomon and Kenneth Piercy

PART IV. LAW, DIPLOMACY, AND CIVIL SOCIETY

9. Judicial diplomacy and the global community of law: the federal judiciary advancing the rule of law abroad

The Honorable Sidney H. Stein and Omar Badawi

10. Diplomacy of legal reform at the OAS

Luis Humberto Toro Utillano

11. Non-governmental organizations as international law’s diplomats

Elizabeth Andersen

PART V. LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES

12. Environmental diplomacy: “The elements”

Makane Moïse Mbengue and Elena Cima

13. Space law and diplomacy

Christopher J. Borgen

14. Law and diplomacy in the business and human rights treaty negotiations

Humberto Cantú Rivera and Danielle Anne Pamplona

PART VI. DIPLOMACY AND INTERNATIONAL HUMAN RIGHTS LAW

15. Diplomacy and compliance at the Inter-American Commission on Human Rights

Joel Hernández

16. Human rights treaty bodies: law, diplomacy, either or neither

Bakhtiyar Tuzmukhamedov

PART VII. LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS

17. Lawyer or diplomat?

Miguel de Serpa Soares

18. Legal advisers’ professional duties in the diplomatic context

Harry Aitken

19. Law as power: advising the state and the practice of diplomacy

Mohamed Helal

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Index

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