The Many Paths of Change in International Law
The Many Paths of Change in International Law
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Abstract
How does international law change? How does it adapt to meet global challenges in an accelerated social and political context? The question is crucial for any account of international law, but it is not very well understood. This interdisciplinary volume traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static and uniform imagery in most existing accounts. It highlights the social dynamics through which different areas and institutional contexts have generated their own pathways, with different constellations of actors and authorities that condition how smoothly and speedily change proceeds. The volume presents a theoretical framework for understanding this dynamism, and its chapters explore the strategies, forms, and forces behind the many paths of change they encounter. They take into view the politics of precedent and legal restatements, they look at populist and authoritarian challenges and their effects, and they trace change in response to contestation and non-compliance. They also highlight how states are at times marginalized in change processes—and how change may take other forms when international law itself proves too inflexible. Overall, the volume offers a fascinating account of an international legal order in flux—with a degree of dynamism not captured through traditional doctrinal lenses—and helps situate change processes and their varied implications in international law and politics.
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Front Matter
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Part I Introduction
Nico Krisch andEzgi Yildiz -
Part II Strategies of Change
Nico Krisch andEzgi Yildiz-
2
Trump as a Change Agent in International Law: Ends, Means, and Legacies
Mark A Pollack
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3
Norm-instability as a Strategy in International Lawmaking: The Case of Self-defence against Non-state Actors
Pedro Martínez Esponda
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4
Transnational Lawmaking Coalitions as Change Agents in International Law
Nina Reiners
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2
Trump as a Change Agent in International Law: Ends, Means, and Legacies
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Part III Forms of Change
Nico Krisch andEzgi Yildiz -
Part IV Forces of Change
Nico Krisch andEzgi Yildiz-
8
Resurgent Authoritarianism, Rights, and Legal Change
Wayne Sandholtz
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9
The Future of the Oceans: The Role of Human Rights Law and International Environmental Law in Shaping the Law of the Sea
Seline Trevisanut
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10
World Trade Law and the Rise of China: Struggles over Subsidy Rules
Nina Teresa Kiderlin
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8
Resurgent Authoritarianism, Rights, and Legal Change
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Part V Situating Change
Nico Krisch andEzgi Yildiz-
11
The Appellate Body’s Judicial Pathway: Precedent, Resistance, and Adaptation
Jeff Kucik andSergio Puig
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12
Whose International Law is Changing? The Practice of Fragmented Communities Constructing Legal Change
Dorothea Endres
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13
A Quiet Revolution in the Making? The Changing State Authority in Treaty Interpretation
Fuad Zarbiyev
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14
The Path not Taken: On Legal Change and its Context
Ingo Venzke
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11
The Appellate Body’s Judicial Pathway: Precedent, Resistance, and Adaptation
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Part VI Epilogue
Nico Krisch andEzgi Yildiz -
End Matter
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