The Crisis of Multilateral Legal Order

The Crisis of Multilateral Legal Order
Author: Lukasz Gruszczynski
Publisher: Taylor & Francis
Total Pages: 329
Release: 2022-09-15
Genre: Law
ISBN: 1000635333

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Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

Conclusion to The Crisis of Multilateral Legal Order. Causes, Dynamics and Implications

Conclusion to The Crisis of Multilateral Legal Order. Causes, Dynamics and Implications
Author: Paolo Davide Farah
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

The Crisis of Multilateral Legal Order. Causes, Dynamics and Implications

The Crisis of Multilateral Legal Order. Causes, Dynamics and Implications
Author: Lukasz Gruszczynski
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.TABLE OF CONTENTS Chapter 1 Introduction Mapping the crisis of multilateralism By Paolo D Farah, Lukasz Gruszczynski, Marcin J Menkes, Veronika Bílková Part I Conceptualizing the crisis Chapter 2 The Crisis of Trust in Contemporary Multilateralism International Order in Times of Perplexity By Oleksandr Vodiannikov Chapter 3 Believing Is Seeing Normative Consensus and the Crisis of Institutional Multilateralism By Sean Butler Chapter 4 Revisiting the 'Crisis' of International Law By Maria Varaki Chapter 5 The Multilateral International Order - Reports of Its Death Are Greatly Exaggerated By Mary E. Footer Part II Dynamics and implications of the crisis Chapter 6 State Withdrawals of Jurisdiction from an International Adjudicative Body By Christopher Lentz Chapter 7 Multilateralism, Community of Interests, and Environmental Law By Malgosia Fitzmaurice Chapter 8 The Advent and Fall of Trust as a Cornerstone of Judicial Cooperation in Multilateral Regimes in Europe: A Cautionary Tale By Vassilis Pergantis Chapter 9 The Nuclear Non-Proliferation Regime at 50 A Midlife Crisis and its Consequences By Agnieszka Nimark Chapter 10 The Crisis of Multilateralism Through the Prism of the Experience of the International Criminal Court By Patrycja Grzebyk, Karolina Wierczyńska Chapter 11 Global Governance Crises and Rule of Law Lessons from Europe's Multilevel Constitutionalism By Ernst-Ulrich Petersmann Chapter 12 We Have Never Been 'Multilateral' Consensus Discourse in International Trade Law By Jessica C Lawrence Chapter 13 The EU's Reform of the Investor-State Dispute Resolution System A Bilateral Path towards a Multilateral Solution By Ewa Żelazna Chapter 14 Challenges to Multilateralism at the World Health Organization By Margherita Melillo Chapter 15 The Council of Europe and Russia Emerging from a Crisis or Heading Towards a New One? By Szymon Zaręba Chapter 16 Conclusion By Paolo Davide Farah, Marcin J Menkes, Lukasz Gruszczynski, Veronika Bílková

Introduction

Introduction
Author: Paolo Davide Farah
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

Crisis of Multilateralism? Challenges and Resilience

Crisis of Multilateralism? Challenges and Resilience
Author: Auriane Guilbaud
Publisher: Springer Nature
Total Pages: 293
Release: 2023-10-18
Genre: Political Science
ISBN: 3031396715

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This book explores the challenges that multilateralism faces today and questions the idea of a ‘crisis’ of multilateral cooperation and international organizations. It accounts for the pressures on and power shifts in multilateralism in recent years - such as the war in Syria, the Covid-19 pandemic, challenges for NATO, the erosion of multilateral norms, the transition from Trump to Biden, the rise of China, the post-Brexit European Union, and the mobilization of countries from the South. The authors illustrate the resilience of multilateralism and lessons learned from the WTO, UN Women, International Organizations’ Secretariats and global environmental governance. Written in part by members of the Research Group on Multilateral Action (GRAM), this volume argues that ‘crisis’ should not be considered a pathology but the ‘matrix’ of multilateralism, which is more resilient than commonly thought. This book will be of interest to students and scholars of International Relations, global governance, and international organizations.

How International Law Works in Times of Crisis

How International Law Works in Times of Crisis
Author: George Ulrich
Publisher: Oxford University Press, USA
Total Pages: 369
Release: 2019
Genre: Law
ISBN: 0198849664

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For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Crisis Narratives in International Law

Crisis Narratives in International Law
Author: Makane Moïse Mbengue
Publisher: BRILL
Total Pages: 208
Release: 2021-11-15
Genre: Law
ISBN: 9004472363

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This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.

The Oxford Handbook of Legal Studies

The Oxford Handbook of Legal Studies
Author: Peter Cane
Publisher: Oxford University Press, USA
Total Pages: 1071
Release: 2005
Genre: Law
ISBN: 9780199248179

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This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

China and the WTO

China and the WTO
Author: Petros C. Mavroidis
Publisher: Princeton University Press
Total Pages: 262
Release: 2021-01-05
Genre: Business & Economics
ISBN: 0691206597

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"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

The Law and Policy of the World Trade Organization

The Law and Policy of the World Trade Organization
Author: Peter Van den Bossche
Publisher: Cambridge University Press
Total Pages: 784
Release: 2005-06-10
Genre: Law
ISBN: 9781139445559

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This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.