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Research Handbook on Law and Diplomacy

Edited by: David Stewart, Margaret E. McGuinness

ISBN13: 9781789908466
Published: December 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £182.00



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This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship.

An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors – including NGOs and corporations – in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct.

This Handbook will be helpful to advanced undergraduate and law students, as well as researchers, practitioners and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.

Subjects:
Public International Law
Contents:
Preface
1. The interdependence of law and diplomacy: introduction to the Research Handbook on Law and Diplomacy
Margaret E. McGuinness and David P. Stewart
PART I. HISTORICAL PERSPECTIVES AND CASE STUDIES IN LAW AND DIPLOMACY
2. Law, diplomacy and German unification
Jeremy Hill and Michael Wood
3. Law and diplomacy in the compulsory conciliation between Australia and Timor-Leste
Katrina Cooper
4. Lawyering and the use of force in Libya and Syria operations
Mary B. DeRosa
PART II. LAW, DIPLOMACY AND INTERNATIONAL DISPUTE RESOLUTION
5. At the intersection of diplomacy and international law: the ISDS reform process
Chiara Giorgetti
6. Disequilibrium in the multilateral trading system and the (necessary) return of diplomacy
Robert McDougall
PART III. LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS
7. The IMF and the evolution of international monetary and financial law
Sean Hagan
8. Law and diplomacy at the World Health Organization
Steven A. Solomon and Kenneth Piercy
PART IV. LAW, DIPLOMACY, AND CIVIL SOCIETY
9. Judicial diplomacy and the global community of law: the federal judiciary advancing the rule of law abroad
The Honorable Sidney H. Stein and Omar Badawi
10. Diplomacy of legal reform at the OAS
Luis Humberto Toro Utillano
11. Non-governmental organizations as international law’s diplomats
Elizabeth Andersen
PART V. LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES
12. Environmental diplomacy: “The elements”
Makane Moïse Mbengue and Elena Cima
13. Space law and diplomacy
Christopher J. Borgen
14. Law and diplomacy in the business and human rights treaty negotiations
Humberto Cantú Rivera and Danielle Anne Pamplona
PART VI. DIPLOMACY AND INTERNATIONAL HUMAN RIGHTS LAW
15. Diplomacy and compliance at the Inter-American Commission on Human Rights
Joel Hernández
16. Human rights treaty bodies: law, diplomacy, either or neither
Bakhtiyar Tuzmukhamedov
PART VII. LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS
17. Lawyer or diplomat?
Miguel de Serpa Soares
18. Legal advisers’ professional duties in the diplomatic context
Harry Aitken
19. Law as power: advising the state and the practice of diplomacy
Mohamed Helal
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Index