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Research Handbook on Law and Diplomacy
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.
Winner of 2023 ABILA Practitioners'' Book Award
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Critical Acclaim
Contributors
Contents
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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, graduate, 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.
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, graduate, 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.
Critical Acclaim
‘A distinguished roster of scholars and diplomats tells the story of how law and diplomacy lace together to create contemporary international affairs. This book is the ideal place to see behind the scenes where professionals in foreign offices, international institutions, and academia draw together legal and diplomatic resources. It is an exemplary collection for scholars of international law and politics.’
– Ian Hurd, Northwestern University, US
– Ian Hurd, Northwestern University, US
Contributors
Contributors: Harry Aitken, Elizabeth Andersen, Omar Badawi, Christopher J.Borgen, Humberto Cantú Rivera, Elena Cima, Katrina Cooper, Miguel de Serpa Soares, Mary B. DeRosa, Chiara Giorgetti, Sean Hagan, Mohamed Helal, Joel Hernández, Jeremy Hill, Makane Moïse Mbengue, Robert McDougall, Margaret E. McGuinness, Danielle Anne Pamplona, Kenneth Piercy, Steven A. Solomon, Sidney H. Stein, David P. Stewart, Luis Humberto Toro Utillano, Bakhtiyar Tuzmukhamedov, Michael Wood
Contents
Contents:
Preface xiv
1 The interdependence of law and diplomacy: introduction to the
Research Handbook on Law and Diplomacy 1
Margaret E. McGuinness and David P. Stewart
PART I HISTORICAL PERSPECTIVES AND CASE STUDIES IN
LAW AND DIPLOMACY
2 Law, diplomacy and German unification 23
Jeremy Hill and Michael Wood
3 Law and diplomacy in the compulsory conciliation between Australia
and Timor-Leste 41
Katrina Cooper
4 Lawyering and the use of force in Libya and Syria operations 61
Mary B. DeRosa
PART II LAW, DIPLOMACY, AND INTERNATIONAL DISPUTE RESOLUTION
5 At the intersection of diplomacy and international law: the ISDS reform
process 84
Chiara Giorgetti
6 Disequilibrium in the multilateral trading system and the (necessary)
return of diplomacy 103
Robert McDougall
PART III LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS
7 The IMF and the evolution of international monetary and financial law 123
Sean Hagan
8 Law and diplomacy at the World Health Organization 138
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 156
The Honorable Sidney H. Stein and Omar Badawi
10 Diplomacy of legal reform at the OAS 174
Luis Humberto Toro Utillano
11 Non-governmental organizations as international law’s diplomats 192
Elizabeth Andersen
PART V LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES
12 Environmental diplomacy: “the elements” 209
Makane Moïse Mbengue and Elena Cima
13 Space law and diplomacy 227
Christopher J. Borgen
14 Law and diplomacy in the business and human rights treaty negotiations 248
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 263
Joel Hernández
16 Human rights treaty bodies: law, diplomacy, either or neither 282
Bakhtiyar Tuzmukhamedov
PART VII LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS
17 Lawyer or diplomat? 300
Miguel de Serpa Soares
18 Legal advisers’ professional duties in the diplomatic context 320
Harry Aitken
19 Law as power: advising the state and the practice of diplomacy 340
Mohamed Helal
Index 358
Preface xiv
1 The interdependence of law and diplomacy: introduction to the
Research Handbook on Law and Diplomacy 1
Margaret E. McGuinness and David P. Stewart
PART I HISTORICAL PERSPECTIVES AND CASE STUDIES IN
LAW AND DIPLOMACY
2 Law, diplomacy and German unification 23
Jeremy Hill and Michael Wood
3 Law and diplomacy in the compulsory conciliation between Australia
and Timor-Leste 41
Katrina Cooper
4 Lawyering and the use of force in Libya and Syria operations 61
Mary B. DeRosa
PART II LAW, DIPLOMACY, AND INTERNATIONAL DISPUTE RESOLUTION
5 At the intersection of diplomacy and international law: the ISDS reform
process 84
Chiara Giorgetti
6 Disequilibrium in the multilateral trading system and the (necessary)
return of diplomacy 103
Robert McDougall
PART III LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS
7 The IMF and the evolution of international monetary and financial law 123
Sean Hagan
8 Law and diplomacy at the World Health Organization 138
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 156
The Honorable Sidney H. Stein and Omar Badawi
10 Diplomacy of legal reform at the OAS 174
Luis Humberto Toro Utillano
11 Non-governmental organizations as international law’s diplomats 192
Elizabeth Andersen
PART V LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES
12 Environmental diplomacy: “the elements” 209
Makane Moïse Mbengue and Elena Cima
13 Space law and diplomacy 227
Christopher J. Borgen
14 Law and diplomacy in the business and human rights treaty negotiations 248
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 263
Joel Hernández
16 Human rights treaty bodies: law, diplomacy, either or neither 282
Bakhtiyar Tuzmukhamedov
PART VII LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS
17 Lawyer or diplomat? 300
Miguel de Serpa Soares
18 Legal advisers’ professional duties in the diplomatic context 320
Harry Aitken
19 Law as power: advising the state and the practice of diplomacy 340
Mohamed Helal
Index 358
