This book is an introduction to international law for politics and international relations students. It provides a deep understanding of the possibilities and limits of international law as a tool for structuring relations in the world. The case study-driven approach helps students understand the complexities of international law, and illustrates the inextricable interaction between law and politics in the world today. In addition, it encourages students to question assumptions, such as whether international law is fit for purpose, and what that purpose is or ought to be. The book also discusses the potential of rising powers to shift the international system.
Chapter
6. Law
This chapter evaluates how law has come to function as a form of authority in global politics. It examines the myth of how international law provides a form of moral authority justifying rules, institutions, and enforcement mechanisms that will civilise global politics. As global politics is dominated by the struggle for survival between states and their conflicting self-interests, the myth of international law’s impossibility confronts its limitations. The chapter acknowledges the ambiguity of international law’s fundamental feature in the global scene as it simultaneously maintains global order and mediates political change. It references the work of Finnish international lawyer Marti Koskenniemi on questioning how the conflicts within international law are decided.
Chapter
10. Law, Constitutions, and Federalism
Peter Ferdinand
This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.
Chapter
30. Oakeshott
David Boucher
This chapter examines Michael Oakeshott's political thought, beginning with a discussion of his scepticism and its relation to the background theory of British idealism that informs all aspects of his philosophy. It then considers Oakeshott's belief that philosophy is the uncovering and questioning of the postulates upon which all our forms of understanding rest. Oakeshott has been characterized as a conservative, a liberal, and an ideologist, but this chapter argues that he was neither conservative nor liberal in any party-political sense. It goes on to analyse Oakeshott's views on the rationalist in politics, civil association and the rule of law, and politics and law as well as his characterization of the modern European state. The chapter concludes by assessing the importance Oakeshott attached to myth and legend in the self-consciousness of a society.
Chapter
10. Law, Constitutions, and Federalism
Peter Ferdinand
This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.
Chapter
11. Laws, Constitutions, and Federalism
This chapter explores the interrelationships between law, constitutions, and federalism. It first explains the importance of constitutions in shaping the basic structure of the state and the fundamental rights of citizens that they establish before discussing the Universal Declaration of Human Rights, in particular asking whether it is Western-centric. It then considers the ways in which states may attempt to realize justice in applying the law, with emphasis on the distinction between Islamic and Western practice. It also examines the role of constitutional courts and judicial review, legal adjudication of political problems, how the institution of federalism is used to contain the powers of the state and to manage diverse societies, and consociationalism as an alternative approach to handling social diversity. Finally, it analyses the increasing legalization of political life.
Book
Aggie Hirst, Diego de Merich, Joe Hoover, and Roberto Roccu
Global Politics: Myths and Mysteries provides an introduction to key concepts in international relations, aiming to expose the myths of the discipline. The text starts off with an introduction to the topic asking the question: what exactly is myth-making? The chapters then look at key concepts in turn, starting with politics and power. They move on to examine ethics, violence, and law. Next the text analyses the world of finance with a chapter on money. Empire is the subject of the chapter that follows. The last two chapters cover capitalism and state. Finally, the text concludes and considers the notion of change as it relates to global politics.
