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Cover Global Politics

8. International Law  

This chapter describes the broad challenges involved in establishing global order under conditions of anarchy through international law. The fact that there is no world government with powers akin to national governments means that maintaining cooperative relations between and among states is always a careful balancing act, given the problem of enforcing international law in the absence of a single, overarching sovereign authority. The chapter looks at law in the global sphere through the notion of rule of law. It then considers the emergence of international law in broad historical perspective. Moving on to international law in the twentieth century, and up to the present period, the chapter examines the nature of treaties, charters, and covenants which operate in multiple issue areas from postal services, trade, and aviation to communications, the environment, and human rights. It also focuses on two major international courts: the International Court of Justice (ICJ) and the International Criminal Court (ICC). Finally, the chapter reflects on how the principles and practices of a rules-based international order are faring in the contemporary period with a focus on Russia, China, and the US.

Chapter

Cover The European Union

6. Democracy in the EU  

Richard Corbett and Daniel Kenealy

This chapter examines the democratic credentials of the EU. Beginning with a discussion of the idea of democracy beyond the state, it explores academic debates about whether the EU suffers a ‘democratic deficit’. The chapter evaluates the EU along various dimensions, including how powers are separated and divided within the EU, the extent to which executive accountability is established, and the various mechanisms of representation in the EU. It explores the nature of European elections, the role of European political parties, the role of national parliaments in EU policy-making and recent innovations in the way that the president of the European Commission is chosen. The chapter concludes with a discussion of fundamental rights, values, and the rule of the law in the EU with a particular focus on recent developments in Hungary and Poland.

Chapter

Cover The Politics of International Law

10. International law and the use of force  

This chapter explores the justness, legitimacy, and legality of war. While 1945 was a key turning point in the codification of jus ad bellum (i.e. international law on the use of force), that framework did not emerge in a vacuum. Rather, it was the product of historical political contingencies that meant that codification of the laws of war was contemporaneous, both geographically and temporally, with the solidification of the norms of sovereign nation-statehood and territorial integrity. The chapter focuses on the UN Charter regime and how it has shaped the politics of war since 1945. Importantly, the Charter establishes a general prohibition on the use of force in international relations. It also grants two exceptions to the prohibition: actions undertaken with Security Council authorization and actions taken in self-defence. Today, many of the most serious challenges to the Charter regime concern the definition and outer limits of the concept of self-defence. Another set of challenges to the Charter regime concerns the contested concept of ‘humanitarian intervention’. The chapter then looks at the development of the ‘Responsibility to Protect’ doctrine.