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The Changing Practices of International Law

The Changing Practices of International Law

Author: Tanja Aalberts; Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
ISBN: 9781108441971

Published In: January 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108425971

List Price: HKD 416.00

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With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism.

This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.

Explains how states respond to the growing power of international law and international legal institutions
Analyses and compares state practices in regard to international law across a wide range of issues
Provides conceptual tools to understand the parallel developments of legalisation and politicisation within international law

1. Introduction: the changing practices of international law - Thomas Gammeltoft-Hansen and Tanja Aalberts

2. Sovereignty games, law and politics in world society - Tanja Aalberts and Thomas Gammeltoft-Hansen

3. Abandonment, construction and denial: the formation of a zone - Margareta Brummer

4. Backlash and state strategies in international investment law - Malcolm Langford, Daniel Behn and Ole Kristian Fauchald

5. 'Part of the game': government strategies against European litigation concerning migrant rights - Moritz Baumgärtel

6. The disaggregated law of global mass surveillance - Itamar Mann

7. Legalisation in international environmental law - Jaye Ellis

8. Search and rescue as a geopolitics of international law - Thomas Gammeltoft-Hansen and Tanja Aalberts

9. Conclusion: the dark side of legalisation - Tanja Aalberts and Thomas Gammeltoft-Hansen

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