ISBN : 9780190697570
By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call comparative international law. This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.
Contributors; Introduction; 1. Conceptualizing Comparative International Law; Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg; Part 1: Comparative International Law and Related Fields: Comparative Politics, Foreign Relations Law, and International Relations; 2. Methodological Guidance: How to Select and Develop Comparative International Law Case Studies; Katerina Linos; 3. Comparative International Law, Foreign Relations Law and Fragmentation: Can the Center Hold?; Paul B. Stephan; 4. Why Comparative International Law Needs International Relations Theory; Daniel Abebe; Part 2: International Lawyers, the Academy, and Competing Conceptions of International Law; 5. The Many Fields of (German) International Law; Nico Krisch; 6. Crimea and the South China Sea: Connections and Disconnects Among Chinese, Russian, and Western International Lawyers; Anthea Roberts; 7. Shioki (Control) Fuyo (Dependency), and Sovereignty: The Status of the Ryukyu Kingdom in Early-Modern and Modern Times; Masaharu Yanagihara; Part 3: Comparative International Law and International Institutions; 8. Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission; Mathias Forteau; 9. The Continuing Impact of French Legal Culture on the International Court of Justice; Mathilde Cohen; Part 4: Comparative International Law and Domestic Institutions: Legislatures and Executives; 10. International Law in National Legal Systems: An Empirical Investigation; Pierre-Hugues Verdier & Mila Versteeg; 11. Objections to Treaty Reservations: A Comparative Approach to Decentralized Interpretation; Tom Ginsburg; 12. Intelligence Communities and International Law: A Comparative Approach; Ashley S. Deeks; 13. National Legislatures: The Foundations of Comparative International Law; Kevin L. Cope & Hooman Movassagh; Part 5: Comparative International Law and Domestic Institutions: National Courts; 14. International Law in Chinese Courts During the Rise of China; Congyan Cai; 15. The Democratizing Force of International Law: Human Rights Adjudication by the Indian Supreme Court Neha Jain; 16. Case Law in Russian Approaches to International Law: Sovereign Cautiousness of a Semi-Peripheral Great Power; Lauri Malksoo; 17. Doing Away with Capital Punishment in Russia: International Law and the Pursuit of Domestic Constitutional Goals; Bakhtiyar Tuzmukhamedov; Part 6: Comparative International Law and Human Rights; 18. Comparative Views on the Right to Vote in International Law: the Case of Prisoners' Disenfranchisement Shai Dothan; 19. When Law Migrates: Refugees in Comparative International Law; Jill I. Goldenziel; 20. An Asymmetric Comparative International Law Approach to Treaty Interpretation: The CEDAW Committee's Tolerance of the Scandinavian States' Progressive Deviation; Alec Knight; 21. Comparative International Law and Human Rights: A Value-Added Approach; Christopher McCrudden; 22. CEDAW in National Courts: A Case Study in Operationalizing Comparative International Law Analysis in a Human Rights Context; Christopher McCrudden; 23. The Great Promise of Comparative Public Law for Latin America: Towards ius commune americanum? Alejandro Rodiles; Part 7: Comparative International Law, Investment, and Law of the Sea; 24. Who Cares about Regulatory Space in BITs? A Comparative International Approach; Tomer Broude, Yoram Z. Haftel & Alexander Thompson; 25. Africa and the Rethinking of International Investment Law: About the Elaboration of the Pan-African Investment Code; Makane Moise Mbengue & Stefanie Schacherer; 26. Not So Treacherous Waters of International Maritime Law: Islamic Law States and the UN Convention on the Law of the Sea; Emilia Justyna Powell; Index