Currencies:HKD

You have no items in your shopping cart.

When International Law Works: Realistic Idealism After 9/11 and the Global Recession

When International Law Works Realistic Idealism After 9/11 and the Global Recession

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780195370171
  • Published In: February 2012
  • Format: Hardback , 364 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
Out of stock
OR
  • Description 
  • Contents 
  • Author 
  • Reviews

Details

  • A uniquely non-ideological treatment of the heavily debated discipline of international legal studies.
  • Departs from typical scholarship on international law by applying a proposed new theory to detailed case studies.
  • Instead of furthering an irresolvable debate on the importance of international law, this book provides practical guidance to governmental actors and scholars in confronting new global problems.
  • Useful for teaching how international legal theory relates to actual developments in cross-border economics and crime.

When International Law Works stands to change the way states and scholars look at this contentious topic. In this seminal work, Professor Tai-Heng Cheng addresses the current international law debates and transcends them. Responding to influential statements on international law by such scholars as Goldsmith, Posner, O'Connell, and Guzman, Cheng presents a new framework that decisionmakers should consider when they confront an international problem that implicates the often competing policies and interests of their own communities and global order. Instead of advocating for or against international law as legitimate or binding, as many commentators do, Cheng adknowledges both its shortcomings while presenting a practical means of deciding whether compliance in a given circumstance is beneficial, moral, or necessary. In this manner Cheng shows how it is possible for decisionmakers to take international law and its limitations seriously without actually needing to determine whether or not international law is "law."

To demonstrate how his new proposal for approaching international law would work in a real crisis, Cheng provides numerous case studies from contemporary history that test his theory. Ranging topically from the current global economic crisis to the West's war on Islamist terrorism, these detailed and demonstrative case studies set this book apart from similar works of international legal scholarship. 

By combining theory with practice, When International Law Works gives lawyers, judges, policymakers, academics and students 'real world' guidance on how to face new global problems. In doing so, this new book challenges readers to rethink the role of law in an increasingly crisis-driven world.

Readership: Policy makers, agency staff, NGO officers, legal academics, law students, political scientists, and historians.

Chapter One: Confronting Anxieties About International Law
I. The Relevance and Irrelevance of Law
II. Contemporary Debates
III. Thesis
A. The Central Case
B. Effectiveness
C. Legitimacy
IV. Terms
V. Outline of Inquiry
VI. Conclusion
Chapter Two: The Politics of Theorizing
I. A Historical Survey
II. Antiquity
III. Middle Ages
IV. Early Modernism
V. Late Modernism
VI. Post-Modernism
VII. Choices in Theorizing
VIII. Political and Normative Values in Theorizing
IX. Conclusion
Chapter Three: Legalism and Morality
I. Framing the Inquiry
II. Choices
III. Legalism
A. The UN Security Council
B. International Court of Justice
C. Conclusions About Legalism
IV. The Morality of International Law
A. Basic Values
B. Moral Obligations
C. Realist Critiques
D. Liberal Critique
E. Legal Obligations
V. Guidance to Officials
A. Morality
B. Institutional Functions
C. Effectiveness
D. The Indeterminacy Paradox
VI. Conclusion
Chapter Four: Judges
I. Theory
A. Judicial Functions
B. General Morality
C. Specific Morality
D. Effectiveness
II. Praxis
A. The Pedra Branca Case
1. Legalism
2. Morality
3. Effectiveness
B. The Nicaragua Case
1. Legalism
a. Provisional Measures
b. El Salvador's Intervention
c. Decision on Jurisdiction
d. Merits
2. Effectiveness
3. Morality
4. Feedback Loops
C. The Avena Case
1. Legalism
2. Effectiveness
3. Morality
4. Feedback Loops
III. Conclusion
Chapter Five: Arbitrators
I. Theory
A. Arbitral Functions
B. General Morality
C. Specific Morality
D. Effectiveness
II. Praxis.
A. United States-Stainless Steel (Mexico), Implementing Award
B. Loewen Group, Inc. v. United States of America
C. CMS Gas Transmission Co. v. Argentine Republic, Decision on Annulment
III. Conclusion
Chapter Six: Regulators
I. Theory
II. Praxis
A. The Global Financial Crisis
B Responses and Decisions of Regulators
C. The Financial Stability Board
D. Guidance for Regulators
III. Conclusion
Chapter Seven: Legal Advisors
I. Theory
A. The Legal Advisor's Functions
B. General Morality
C. Specific Morality
D. Interests and Effectiveness
II. Praxis
A. Abu Ghraib Prison
B. Waterboarding
1. Factual Assumptions
2. International Legal Prescriptions
3. The Interrogation Memoranda
4. General Morality
5. Specific Morality
6. Guidance to Advisors
7. Alternative Scenarios
III. Conclusion
Chapter Eight: Officials
I. Theory
II. Praxis
A. The 1990 Gulf War
1. Specific Morality
2. General Morality and Effectiveness
3. Feedback Loops
B. NATO Bombing of the Federal Republic of Yugoslavia
1 General Morality
2. Specific Morality
3. Feedback Loops
C. The 2003 Invasion of Iraq
1. General Morality
2. Specific Morality
3. Feedback Loops
III. Conclusion
Chapter Nine: Law Beyond Laws
I. Reframing Debates
II. Situating Among Theories
III. Results from Case Studies
IV. Conclusion

Tai-Heng Cheng, Professor of Law and Co-Director for Global Law, Justice & Policy, New York Law School

Tai-Heng Cheng is Professor of International Law and Director of the Institute for Global Law, Justice, and Policy at New York Law School. His published scholarship includes the book State Succession and Commercial Obligations (2006) and articles in the University of Illinois Law Review, the Cornell Journal of International Law, and the Michigan Journal of International Law. Professor Cheng is an elected member of the American Society of International Law's Executive Council, and co-chair of ASIL's 2011 Annual Meeting and chair of its 2012 Awards Committee. He holds degrees from Yale Law School and Oxford University.

"Professor Cheng has written an eye-opening and challenging work that moves the debate forward over the ages-old debate over international law's status as law or policy. Rather than rehearsing the familiar philosophical and political arguments over the nature of law, Cheng pursues the more on-the-ground question whether government officials implement international norms within their own countries. His explanation for the practice of officials in following international law provides small comfort for either side of the debate, and will demand a re-thinking of the relationship between domestic, foreign, and international law in an increasingly globalized world." 
--Professor John Yoo, UC Berkeley School of Law 

"This is a well articulated thesis on how the perception of international law as a product of social practice and shared expectations can alleviate what the author calls the 'gridlock' between conservatives and liberals. It is written in a lively way, with full reference to all the strands in the debates about international law generated by the complex and sometimes traumatic events of recent years. A stimulating read." 
--Rosalyn Higgins, Former President, International Court of Justice 

"A creative and thoughtful analysis of the role of international law in contemporary affairs, which blends meticulous scholarship with keen practical insight." 
--Gary Born, Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr, LLP 

"This important new book by Tai-Heng Cheng aims at international law's place of action. There is no doctrinal point between 'is' and 'ought' and 'applying' and 'making.' Likewise, academics only rarely assert a point between power and values, or realism and idealism. For Cheng, however, it is exactly such points that exist at times of decision. It is there where Cheng focuses relentlessly, offering clarity and, indeed, optimism." 
--Professor David D. Caron, UC Berkeley School of Law, and President, American Society of International Law 

"This book makes an important contribution to our understanding of the real world effects of international law. The author's analysis is both theoretical and empirical, displaying an extraordinary grasp of international law, its functions and foundations, across a wide range of regimes, from torture to international finance. The breadth of reflection in this work is truly exceptional, and yields insights unavailable where analysis is confined to one particular branch or instrument of international law. Professor Cheng writes with boldness, passion and an impressive command of his subject. He takes a stance on the relationship of morality to effectiveness in legal norms that promises to re-open important issues in legal theory from an internationalist perspective." 
--Professor Robert Howse, New York University School of Law 

"This is an important book. At a time when contemporary scholarship has either tried, too hard, to be less value-laden while seeking out behavioral explanations, or turned to questions of exit from international rules, Professor Cheng reminds us of the original promise of international law, faces the conceptual difficulties squarely in elegant and lucid prose, argues for compromise, and explores the practical side of compliance by a range of actors beyond the state. The New Haven school has succeeded in reminding us how much it has to say about the major events of our time. This is one of its most powerful voices speaking, and must be heard." 
--Professor C.L. Lim, Hong Kong University Faculty of Law 

"With this book, Professor Cheng has entered the international legal theory debates at the highest level. He describes the primary contenders with great erudition and offers his own compromise position between them." 
--Professor Mary Ellen O'Connell, University of Notre Dame Law School 

"Professor Cheng's 'justificatory account of international law' offers a fresh legal framework grounded firmly in policy, morality and practicality and illustrated contextually in case studies. His 'conciliatory alternative to battle' between Goldsmith/Posner and O'Connell makes this book definitely worth a look from its targeted audience of 'actors who affect outcomes in international disputes.'" 
--Lucy Reed, Co-Head, Global International Arbitration Group, Freshfields Bruckhaus Deringer

You may also be interested in these books:

Hong Kong Company Secretary's Practice Manual, 6th Edition
Hong Kong Company Secretary's Practice Manual, 6th Edition

List Price: HKD 1,480.00

HKD 1,435.60 Save HKD 44.40 (3%)

Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: HKD 1,380.00

HKD 1,338.60 Save HKD 41.40 (3%)

Hong Kong Civil Procedure 2026 (The White Book)
Hong Kong Civil Procedure 2026 (The White Book)
HKD 13,690.00
Hong Kong Civil Court Practice (Desk Edition 2026)
Hong Kong Civil Court Practice (Desk Edition 2026)

List Price: HKD 4,900.00

HKD 4,165.00 Save HKD 735.00 (15%)

Construction Industry Security of Payment Ordinance in Hong Kong (Hardcopy + e-book)
Construction Industry Security of Payment Ordinance in Hong Kong (Hardcopy + e-book)

List Price: HKD 1,700.00

HKD 1,445.00 Save HKD 255.00 (15%)

Criminal Litigation in Hong Kong, 5th Edition (Hardcopy + e-book)
Criminal Litigation in Hong Kong, 5th Edition (Hardcopy + e-book)

List Price: HKD 1,750.00

HKD 1,697.50 Save HKD 52.50 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
HKD 3,639.00
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: HKD 551.00

HKD 534.47 Save HKD 16.53 (3%)

Civil Litigation in Hong Kong, 7th Edition (Hardcopy + e-book)
Civil Litigation in Hong Kong, 7th Edition (Hardcopy + e-book)

List Price: HKD 2,200.00

HKD 1,760.00 Save HKD 440.00 (20%)

Butterworths Hong Kong Company Law Handbook, 27th Edition
Butterworths Hong Kong Company Law Handbook, 27th Edition

List Price: HKD 5,040.00

HKD 4,888.80 Save HKD 151.20 (3%)

Hong Kong Family Court Practice, 5th Edition
Hong Kong Family Court Practice, 5th Edition

List Price: HKD 3,020.00

HKD 2,929.40 Save HKD 90.60 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: HKD 3,580.00

HKD 3,472.60 Save HKD 107.40 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: HKD 2,280.00

HKD 2,211.60 Save HKD 68.40 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: HKD 2,500.00

HKD 2,425.00 Save HKD 75.00 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: HKD 2,000.00

HKD 1,940.00 Save HKD 60.00 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: HKD 492.00

HKD 477.24 Save HKD 14.76 (3%)