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详细
- Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules
- Provides an in-depth treatment of the key features of the New Haven School of international law
- References both classic historical examples and contemporary events to illustrate international legal processes and principles
- Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one
- Contributes to the growth of a world community of human dignity through international law
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, viewing international law as an ongoing process of decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this work is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles.
Using contemporary examples, this Third Edition builds on previous editions by contextualizing and dramatizing these changes with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights the major developments in international law since 2000, including the right to self-determination, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It provides a new generation of students with the interest and the intellectual tools needed to participate as responsible members of a world community premised on the notion of human dignity for all people.
Readership: Students of international law at all levels; advanced undergraduates and graduate students in the fields of public policy and international relations; academics, jurists, advisors, decision makers, and ordinary citizens concerned with world affairs.
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Preface to the Third Edition
Preface to the Second Edition
Preface to the First Edition
Part One / Delimitation of the Task
1 International Law in a Policy-Oriented Perspective
Part Two / Participants
2 Nation-States
3 International Governmental Organizations
4 Nongovernmental Organizations and Associations
5 The Individual
Part Three / Perspectives
6 Minimum World Order and Optimum World Order
Part Four / Arenas
7 Establishment of and Access to Arenas of Authority
Part Five / Bases of Power
8 Control over Territory
9 Control and Use of the Sea
10 Control and Use of Other Resources
11 Control of People: Nationality and Movement
12 Protection of People: From Alien Rights to Human Rights
13 Vertical Allocation of Authority
14 Horizontal Allocation of Authority
Part Six / Strategies
15 The Diplomatic Instrument
16 International Agreements
17 The Ideological Instrument
18 The Economic Instrument
19 The Military Instrument
Part Seven / Outcomes
20 The Intelligence Function
21 The Promoting Function
22 The Prescribing (Lawmaking) Function
23 The Invoking Function
24 The Applying Function
25 The Terminating Function
26 The Appraising Function
Part Eight / Effects
27 Succession of States
28 Responsibility of States
29 Individual Criminal Responsibility
Part Nine / Prospects
30 Toward a World Community of Human Dignity
Bibliography
List of Treaties
Index
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Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in the areas of international law, U.S. constitutional law, conflict of laws, human rights, and the United Nations. He previously served as Senior Research Associate and Senior Research Scholar at Yale Law School.
Professor Chen has worked with a variety of government agencies, non-profit groups, and private firms throughout his distinguished career. He is Chairman of the Taiwan New Century Foundation, President of the New Century Institute (New York), and Honorary President of the Taiwan United Nations Alliance (TAIUNA). He is a former President of the Taiwanese Society of International Law, and a former national policy advisor to the president of Taiwan. He served on the Executive Council of the American Society of International Law and as Vice President and member of the Governing Council of the International League for Human Rights. He has served as Chairman of the Association of American Law Schools Section on International Law, and President of the North America Taiwanese Professors' Association (NATPA).
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"In the third edition of this most welcome and important book, Professor Lung-chu Chen enhances his already well-established reputation as a scholar in both the United States and in Asia. He applies a deep understanding of the policy science approach to explain contemporary international issues and the law that addresses them. His knowledge and ideas have importance for a wide variety of audiences." - Dame Rosalyn Higgins, Former President of the International Court of Justice
"Lung-chu Chen, distinguished international legal scholar and leading exponent of the New Haven School's approach to international law, offers a policy-oriented perspective on the process of international law that is as rich in detailed review of trends as it is in their critical appraisal in terms of human dignity goals. Professor Chen's book will be an indispensable text for students and scholars and the vade mecum for practitioners and diplomats." - W. Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School
"In his third edition of An Introduction to Contemporary International Law, Professor Lung-chu Chen has again produced an illuminating account of contemporary international law from the perspective of the New Haven School. This edition is fully updated, replete with examples drawn from topical events and placed in the political and social context of globalization. Current trends on institutionalization, the role of individuals, of civil society, human security, and many others are explored with rigor and freshness. This book is a must-read for scholars and practitioners of international law and relations." - Christine Chinkin, Professor of International Law, London School of Economics and Political Science
"The third edition of An Introduction to Contemporary International Law is a remarkable rarity, a masterfully updated overview and organization of international law in terms of a Realist-type process orientation and categorizations developed by the New Haven School of International Law. This unique and acclaimed work is a necessary addition to an adequate international law collection and will continue to guide numerous students and practitioners of international law." - Jordan J. Paust, Mike & Teresa Baker Law Center Professor, University of Houston Law Center