International Law
by Malcolm N. Shaw
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Book Summary Information
Author: Malcolm N. ShawEdition: Paperback
Published: 2003-10-13
ISBN: 0521531837
Number of pages: 1434
Publisher: Cambridge University Press
Book Reviews of International Law
Book Review: A good start
Summary: 4 Stars
The complexity of international law does not arise solely from the content of its statues but also from the legitimacy of its enforcement. The laws of cities, states, and nations are typically accompanied by a monopoly on how to enforce these laws. Their citizens have agreed to conform to these laws and their legitimacy as cities, states, and nations arises from this agreement. If citizens choose to violate these laws they are punished accordingly. But what entity oversees the punishment when laws between nations are violated? Such laws come under the umbrella of international law, the subject of this book, and their enforcement is only possible if the nations agree to this enforcement.
The question of enforcement usually arises in the context of the legitimacy of the use of force or acts of war between nations, and is dealt with in some detail in this book. But there are many other aspects of international law that are discussed, and some readers may want to deal with the sheer size of the book by selecting those areas they are most interested in. A study of international law has become essential in today's world, due in part to the many wars that have broken out, some of them definitely bearing the mark of aggression and "war crimes", but also because of trade and patent disputes, along with the availability of complex financial products that need to operate across borders.
The book is heavily referenced, satisfying those skeptical readers who need to delve into even more of the details. The author presents international law as a `separate system' of law, as one that is not merely an adjunct to the laws of two or more countries. There is no legislature, no system of courts, and no institution to establish legal rules. Thus enforcement becomes an issue, at least if one insists on comparing international law with domestic law, and thus the author raises the question early on as to the status of international law as actually being a legitimate subfield of legal thought. It seems that the concept of coercion and its use is essential for qualify a system of statements as being a legal system. The author addresses these issues early on in the book, and as expected he concludes that one cannot ascertain the character or nature of international law solely with respect to a definition of law based on sanctions. His goal then is to find out why states feel compelled to follow the statutes of international law. If they do not, then he believes no system of international law can exist. It follows immediately that compliance among nations is a necessary condition for international law. As a system of legal thought, international law governs `patterns of conduct' that nations are to comply with. A search for "stability" and "predictability" compels different nations to respect the system of international law. `Reciprocity' and risk aversion may dissuade states from violating these agreements, since there is no international police force to punish violations.
The author also traces the history of international law, which as a legal body of thought primarily has its roots in the last four centuries, but whose underpinnings can be trace backed for thousands of years. Very interesting in his treatment of this history is the origin of `natural law' which he traces back to the ancient Greeks and taken up (oddly enough) by the Romans. The doctrine of natural law has a few noted adherents of late, including a few who sit on the United States Supreme Court. But as can easily be ascertained by perusing the author's history, international law is well represented geographically and culturally, a fact that is sometimes forgotten in Western culture. This "Eurocentric" view however has been weakened for the last several decades according to the author. Philosophical speculations, theology, and political science of course have played a role in the content of international law, and in this regard the author discuss the impact of positivism. Marxist-Leninist doctrine of course played a huge role especially in the late nineteenth century and all through the twentieth century. Modern developments in the legal theory of international law have been very influenced, as has every other realm of human activity, by mathematics, particularly in the use of game theory and decision theory. The author discusses this briefly, along with "feminist" approaches to legal reasoning.
But if international law has not formal body of courts or presiding legislature, how is one to judge objectively cases or grievances that interested parties classify as being under the umbrella of international law? One needs test cases, precedents, documentation, or "sources" as the author calls them to give some sort of degree of certainty to the legal process. He devotes an entire chapter to this topic, and states early on that he believes international law does exist and has sources from which one can extract rules and perform useful analysis. What might be called "grassroot" behaviors and rules or "customs" which at first glance may be dismissed as irrelevant play a very important and dynamic role in international law the author argues, and he gives extensive discussion on why he thinks this is the case. And interestingly, he characterizes treaties as being a modernized version of creating law through custom. Of course the United Nations and other institutions have acted as sources, provoking sometimes much skepticism as to their efficacy in this regard.
If countries or states had laws on their books that directly conflict with international law or are at odds with it to some noticeable degree then a resolution or compromise must be found. Thus the `municipal laws' of a state must be related to the legal frameworks of international law, and the author devotes an entire chapter of the book to this topic. He outlines briefly the different schools of thought on this relationship, before he decides on a "realist" approach to this issue, and he clearly supports the notion that international law cannot be evaded by a state by applying its internal legal rules. He then discusses historical evidence that shed light on the complexity of this assertion, including real court cases from Great Britain and the United States.
Note: This review is based on a reading of the first four chapters of the book.
Summary of International Law
Fully revised and updated to December 2002, Malcolm Shaw's bestselling textbook on international law is a clear, authoritative and comprehensive introduction to the subject. The fifth edition includes new material on Inter-state Courts and Tribunals, arbitration tribunals and the role of international institutions such as the WTO. It will remain an invaluable resource for students and practitioners alike. While essential reading for students of international relations and the political sciences, the scope of the text also makes it of interest to lawyers and government and international employees. Previous Edition Hb (1997): 0-521-59384-0 Previous Edition Pb (1997): 0-521-57667-9This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to December 2002. Includes new material on Inter-state Courts and Tribunals, arbitration tribunals and the role of international institutions such as the WTO. This will remain an invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international relations and the political sciences. The book is also valuable to practitioners and governmental and international civil servants.
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
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