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INTERNATIONAL LAW

International law is a body of legal rules, regulations and accepted practices by which countries, organizations and people throughout the world interact with each other and with citizens of different countries. There are two basic categories of this type of law: public and private. Public international law deals with relationships between nations or between a nation and organizations or people from other countries. Private international law deals with disputes between citizens of different countries or businesses from different countries, especially when there is a question of which country's laws apply or where the dispute should be resolved. There are certain courts and bodies, such as the United Nations Security Council, that have the power to decide cases of international law. Sources of International Laws Countries are bound by international laws only when they agree to be bound by them. They might join international organizations, such as the United Nations or European Union, and agree to follow all of the rules, laws and guidelines set forth by the organization. They also might agree to treaties, pacts, charters or other agreements that include specific laws or rules. Sometimes, however, countries that are not party to these agreements might be held accountable by other countries for violating certain laws or rules. This is especially true for matters such as human rights, wartime laws and territorial rights. http://www.wisegeek.com/what-is-international-law.htm

Articles on HG.org Related to International Law

Trade Finance in Ukraine: Q&A Please highlight any main trends or shifts in the current Ukrainian financing market? Due to limited or no appetite for Ukrainian risk and global finance markets volatility, capital markets and traditional bank lending are no longer easily accessible to Ukrainian borrowers (subject to few exceptions). At the same time, supply of ECA-backed trade financing continues to be available and trade financing seems to be active this year as well.

Recent Developments in Oil-and-Gas and Energy Sectors in Ukraine On the way to the European integration, and by virtue of the determined Ukrainian policy towards energy independence, the Ukrainian Government is taking significant steps to improve Ukrainian energy sector. Currently, important changes are being introduced in the oil-and-gas industry. This has already encouraged global oil-and-gas companies such as Exxon Mobil, Shell, Chevron, and Eni to commence investment activity in Ukraine.

7 Key Questions on Corporate Restructuring - Ukraine Development of efficient tax and corporate structures from the shareholders and potential investors perspective are key issues in a business restructuring. Each cross-border restructuring usually involves several jurisdiction. Below are some of the most frequently asked questions (and answers) on the crossborder restructuring of Ukrainian business:

4 Questions You Should Consider When Selling Your Stake in Business to a Private Equity Fund - Ukraine Unlike Western developed economies, Ukraine has only recently started to unlock its potential in the area of attracting investments from Private Equity Funds (PEFs). Therefore, on the one hand, every more or less serious Ukrainian business (Business) has a good chance to attract the attention of a PEF.

Law on Sea Ports of Ukraine: First Impressions The Law, long-awaited by the national port industry, establishes the basis of governmental regulation and defines new procedures for building, expanding and closing seaports in Ukraine, as well as the procedure for performing any economic activity on the sea ports territory.

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00? Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish Highlands. One site advertises souvenir plots from just 29.99 and claims that, in return, you can use a clan crest, coat-of-arms and tartan. By Scottish tradition, it says, ownership of the plot legally allows you to use the courtesy title of Laird, Lord or Lady. But what is the legal truth behind these offers of instant ennoblement?

Photovoltaic Investments in Greece The photovoltaic market in Greece offers great opportunities for investors, as it is expected to rise significantly within the coming years. Greece has grown to be one of the major investment destinations for solar energy production in the

European Union; it is the southernmost country of EU, with almost 300 days of sunshine per year, and thus a massive potential for photovoltaic investments.

Director and Officer Liability Information Checklist I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is prudence. In this context prudence means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts.

International Arbitration - Nigeria International arbitration: substantive law, procedural law and arbitration rules in the context of the United Kingdom Arbitration Act 1996. International arbitration: substantive law, procedural law and Arbitration Rules in the context of the Arbitration Act 1996. By: Mr. Femi D. Ojumu*

The New and Improved Cyprus International Trusts Law The law on international trusts in Cyprus has undergone considerable changes this month with the enactment of a new law[1] that amends the International Trusts Law[2]. The amendments have been heralded as positioning Cyprus as the most favorable trust jurisdiction in the European Union and its muchanticipated provisions have been received with considerable praise by investors and professional advisors across the island.

All International Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to International Law including: customs law, european community law, import and export, international investments, international trade, islamic law, offshore services.

International Law Attorneys


Civil Rights Constitutional Law Customs Law European Community Law Human Rights Import & Export International Investments International Law International Trade Islamic Law Offshore Services

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International Law, unlike most other areas of law, has no defined area or governing body, but instead refers to the many and varied laws, rules and customs which govern, impact and deal with the legal interactions between different nations, their governments, businesses and organizations, to include their rights and responsibilities in these dealings. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters (i.e. the United Nations Charter); protocols; tribunals; memorandums; legal precedents of the International Court of Justice (aka World Court) and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. Due to the diverse legal systems and applicable histories of different countries, laws addressing international law include both common law (case law) and civil law (statutes created by governing bodies). Their application covers all the facets of national law, to include substantive law, procedure, and remedies. There are three main legal principles recognized in much of international law, which are not required, but are based chiefly on courtesy and respect: - Principle of Comity - in the instance where two nations share common public policy ideas, one of them submits to the laws and judicial decrees of the other. - Act of State Doctrine - respects that a nation is sovereign in its own territory

and its official domestic actions may not be questioned by the judicial bodies of another country. It dissuades courts from deciding cases that would interfere with a countrys foreign policy. - Doctrine of Sovereign Immunity - deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its consent. In the U.S., this is governed by the Foreign Sovereign Immunities Act (FSIA) of 1976. To be determined a sovereign state a nation must run its own government, with its own territory and population. There are both national laws and international agreements which govern/regulate international business transactions, which include investments, offshore banking, contracts, imports/exports, tariffs, dumping, trade and more. Although there is no definitive governing body overseeing international law, the United Nations is the most widely recognized and influential international organization and the International Court of Justice (ICJ) is its judicial counterpart. International law may further be broken down as public or private. Public International law covers the rules, laws and customs that govern and monitor the conduct and dealings between nations and/or their citizens. The UN deals largely with public international law. Private International law (Conflict of laws) handles disputes between private citizens of different nations. Visit us at Google+ Copyright HG.org

International Law - US

ABA - International Law Section

ABA International is the ABA in a smaller, but internationally focused version, working closely together with the other divisions and sections of the ABA, yet offering the full package in one place. As a result of our geographical diversity and its importance to us, our membership recruitment efforts are increasingly aimed outside the borders of the US.

Audiovisual Library of International Law

The United Nations Audiovisual Library of International Law is a unique, multimedia resource which provides the United Nations with the unprecedented capacity to provide high quality international law training and research materials to an unlimited number of recipients on a global level.

Department of State - Foreign Policy

Department Mission Statement: Advance freedom for the benefit of the American people and the international community by helping to build and sustain a more democratic, secure, and prosperous world composed of well-governed states that respond to the needs of their people, reduce widespread poverty, and act responsibly within the international system.

International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Courts role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

International Criminal Court (ICC)

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Courts expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

International Criminal Tribunals and Special Courts

The United Nations has established special international criminal tribunals in Rwanda and Yugoslavia to prosecute those responsible for atrocities during times of war and genocide. Successful convictions of these political and military leaders are meant to bring justice to victims and to deter others from committing such crimes in the future.

International Humanitarian Law

International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.

International Organization Immunities Act

To vitalize the status of international organization of which United States is a member and facilitate their activities Congress has enacted the International Organization Immunities Act, which among other provisions defines the capacity of such organizations.

Private International Law - Department of State

Welcome to the Private International Law site, maintained by the Office of the Assistant Legal Adviser for Private International Law (L/PIL) at the U.S. Department of State. The purpose of this web site is to provide a convenient location to find treaties in force for the United States, other international instruments, and information on current negotiations and projects covering the private international law of such areas as trade and commerce, finance and banking, trusts and estates, family and children matters, and international judicial assistance.

US Foreign Relations - Office of the Historian

The Office of the Historian is responsible, under law, for the preparation and publication of the official historical documentary record of U.S. foreign policy in the Foreign Relations of the United States series. It researches and writes historical studies on aspects of U.S.

diplomacy for use by policymakers in the Department and in other agencies, as well for public information.nificant diplomatic activity.

US, UN and International Law

By Global Policy Forum. This section posts articles on US policy towards the UN, international law and treaties. The section includes special coverage of the torture, prison abuse, rendition and indefinite detentions at Guantanamo Bay, Abu Ghraib and other USrun prisons around the world.

International Treaties

Brussels Convention and Lugano Convention

The Brussels Convention and the Lugano Convention aim to "determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements."

GATT 1994

The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, signed by ministers in Marrakesh on 15 April 1994 is 550 pages long and contains legal texts which spell out the results of the negotiations since the Round was launched in Punta del Este, Uruguay, in September 1986. In addition to the texts of the agreements, the Final Act also contains texts of Ministerial Decisions and Declarations which further clarify certain provisions of some of the agreements.

Guide to Research on Vienna Convention on Consular Relations Notification Requirements

Article 36 of the Vienna Convention on Consular Relations, to which 170 nations are party, requires a nation arresting or detaining a foreign national to afford the detainee access to his or her consulate and to notify the foreign national of the right of consular access. In the number of U.S. cases involving foreign nationals, defendants have raised the issue of failure by the detaining authorities to make the necessary notifications.

Hague Conference on Private International Law

Since 1893, the Hague Conference on Private International Law, a melting pot of different legal traditions, has developed and serviced Conventions which respond to global needs in the following areas: International Protection of Children, International Family and Family Property Relations, International Legal Co-operation and Litigation and International Commercial and Finance Law.

Inter-American Specialized Conferences on Private International Law

Under the auspices of the Organization of American States, Inter-American Specialized Conferences on Private International Law (known by the Spanish Acronym as CIDIPs) play a central role in the harmonization and codification of Private International Law in the Western Hemisphere. Six Conferences have been held in various cities in the Americas.

Multilaterals Project

The Multilaterals Project, begun in 1992, is an ongoing project at The Fletcher School, Tufts University, Medford, Massachusetts to make available the texts of international multilateral conventions and other instruments. Although the project was initiated to improve public access to environmental agreements, the collection today also includes treaties in the fields of human rights, commerce and trade, laws of war and arms control, and other areas. Most of the texts date from 1945 or later, but the collection also includes historical texts, from the 1648 Treaty of Westphalia to the Covenant of the League of Nations.

NATO - North Atlantic Treaty Organization

The North Atlantic Treaty Organization is an alliance of 26 countries from North America and Europe committed to fulfilling the goals of the North America Treaty signed 4 April 1949.

Researching Customary International Law, State Practice and the Pronouncements of States regarding International Law

This research guide is intended to be an introduction to the concept of international custom and its place as a source of international law. The primary focus is on researching state practice and the pronouncements of states regarding international law as evidence of custom.

Vienna Convention on the Law of Treaties

Signed at Vienna, 23 May 1969. Entry into force: 27 January 1980. It applies to treaties between States.

Organizations Related to International Law

American Society of International Law

The mission of the American Society of International Law is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice.

Inter-American Development Bank

The IDB provides solutions to development challenges in 26 countries of Latin America and the Caribbean, partnering with governments, companies and civil society organizations.

International Bar Association

The International Bar Association (IBA), established in 1947, has a membership of 30,000 lawyers and 195 bar associations and law societies. The IBA has considerable expertise in providing assistance to the global legal community.

International Chamber of Commerce (ICC)

ICC (International Chamber of Commerce) is the voice of world business championing the global economy as a force for economic growth, job creation and prosperity. Because national economies are now so closely interwoven, government decisions have far stronger international reper-cussions than in the past.

International Institute for the Unification of Private Law (Unidroit)

The International Institute for the Unification of Private Law (Unidroit) is an independent intergovernmental Organisation with its seat in the Villa Aldobrandini in Rome. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States.

International Law Institute

For fifty years the International Law Institute has worked to address the challenges faced by the international community by promoting economic development and rule of law.

International Monetary Fund (IMF)

The International Monetary Fund (IMF) is an organization of 185 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world.

US Obligations Under International Law

Nations are bound by treaties they choose to sign and fundamental principles that fall under the category of customary international law. There is no single world body that passes laws that are bind all the nations of the world. Thus, application of international law to the United States is not as clear cut as the application of domestic U.S. law.

World Bank

The World Bank is a vital source of financial and technical assistance to developing countries around the world. We are not a bank in the common sense. We are made up of two unique development institutions owned by 185 member countriesthe International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA).

Publications Related to International Law

American University International Law Review

The American University International Law Review publishes articles, critical essays, comments, and casenotes on a wide variety of international law topics, including public and private international law, the law of international organizations, international trade law, international arbitration, and international human rights. AUILR also publishes pieces on topics of foreign and comparative law that are of particular interest to the international legal community.

Chicago Journal of International Law

The University of Chicago Law School's Chicago Journal of International Law is an interdisciplinary forum for discussion and analysis of international law and policy issues. CJIL is committed to presenting timely and concise scholarly work. CJIL is published twice yearly.

Digest of International Law

The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a ready source of current information on the

views and practice of the Government of the United States in public and private international law.

Duke Journal of Comparative and International Law

Duke Journal of Comparative and International Law is published each spring and fall. DJCIL is a very influential, specialized journal devoted exclusively to the issues of comparative and international law.

Estey Centre Journal of International Law and Trade Policy

The Estey Centre Journal of International Law and Trade Policy is a venue for the exchange of ideas pertaining to the international commercial and legal environment. It publishes high quality scholarly research to stimulate dialogue and debate on both topics of current interest to the international community and longer-standing issues of international relations.

European Journal of International Law

The European Journal of International Law is firmly established as one of the world's leading journals in its field. With its distinctive combination of theoretical and practical approaches to the issues of international law, the journal offers readers a unique opportunity to stay in touch with the latest developments in this rapidly evolving area.

Foreign and International Law - Library of Congress

Researching foreign, international, and comparative law can be an intimidating proposition. There is such a vast amount of material available. In order to help provide a starting point for researching foreign, international, and comparative law, the Law Library of Congress has prepared a guide to reference sources, compilations, citations guides, periodicals (indexes and databases), dictionaries, web resources, free public web sites, subscriptionbased services, subject-specific web sites, and country overviews.

Indiana Journal of Global Legal Studies

The Indiana Journal of Global Legal Studies is a faculty-edited interdisciplinary journal focusing on the intersections of global and domestic legal regimes, markets, politics, technologies, and cultures. Students are also integrally involved in the production of the Journal.

Penn State International Law Review

Established in 1982, the Penn State International Law Review is celebrating twenty-five years of excellence during 2006 2007. Originally, the Dickinson Journal of International Law, the ILR was Pennsylvania's first internationally focused student-edited law journal. Today, the Penn State International Law Review serves as an integral component for Penn State Laws highly respected international legal program. As one of the most respected and cited International legal periodicals in the world, the ILR publishes articles on public and private international law written by leading government (domestic and foreign) officials, legal scholars, private practitioners, and law students.

Stanford Journal of International Law

Founded in 1966, the Stanford Journal of International Law is one of the oldest and most reputed international law journals in the United States. Publishing two regular issues each year, the journal seeks to promote scholarship of the highest quality through timely,

innovative, and important pieces on international and comparative legal topics. The journal invites contributions from professors, practitioners, legislators, judges, and Stanford Law School students.

Touro International Law Review

The Touro International Law Review is a student-run and faculty-and-alumni-advised publication. Originally founded in 1989 as a print publication, it is now available solely online in order to meet its new mission to provide a forum for timely and engaging discourse in important international law issues. http://www.hg.org/international-law.html#5S

International law history


About the end of the thirteenth century, there were more than one hundred ecclesiastical sovereign states within the limits of the German Empire. Now we can readily infer what all this means in the contest between Feudalism and the Roman Jurisprudence. The bishops were nurtured in this latter system, they were hostile to the usages of Feudalism, they had no desire to perpetuate the sway of their own

families. Consequently in all the ecclesiastical states the principles of the Roman Jurisprudence were to a greater or less extent introduced or restored. And precisely the same thing happened with the great Free Cities of the North, known as the Hanseatic League, to which we have already referred. All these things contributed to establish the Roman System side by side with Feudalism in Germany and to perpetuate it. Even the transfer of the imperial title to the German monarchs, and the frequent visits of the German Emperors to be crowned at Rome, together with the sentimental desire on their part to revive not only the Roman Empire, but all the incidents of that Empire, including therein of course the Roman Jurisprudence, were powerful factors in the revival of the principles of the Roman Law in Germany. The Lutheran Reformation checked this movement by the enlargement of the powers of the petty feudal princes, who, in consequence of it, became absolute monarchs within their own dominions, and found the usages of Feudalism more in accordance with their selfish purpose than the principles of the Roman Jurisprudence. But the free spirit which first found vent in the American Revolution, and which speedily reacted upon Europe, ultimately leading to the French Revolution of 1789, began also to make headway in Germany about the same time, and led to the promulgation of new codes of law both in Prussia and Austria, mainly upon the lines of the Roman Law, and ultimately to the adoption of the Code Napoleon, by all the States of Germany. There is yet another phase of the great contest. In the course of it the Christian Church laid the foundations of modern International Law. Private International Law, as it has been called, or the Conflict of Laws, as it has sometimes been known, had been very fully developed by the Praetor Peregrinus at Rome in the administration of justice between Roman citizens and foreigners domiciled at Rome, and in controversies between foreigners themselves of different nationalities; and modern civilization has added little or nothing to the rules of the Roman Law upon this subject. But it was reserved for the Christian Church of the Middle Ages to deal with the nations as nations, and to procure them to deal with each other as members of the common family of States, upon principles of equity and justice, and in accordance with the tenets of Christianity. Feudalism was no more than organized brigandage; and it tended to make every nation, and every petty principality, and every man, the enemy of every other nation, and principality, and human being. Feudalism was a state of society, in which every man capable of bearing arms may be said to have slept upon his arms, ever ready to be roused to the sound of battle, and in which every alien was regarded prima facie as an enemy. The Christian Church ever sought to superinduce a kindlier feeling, to induce the nations to refrain from border warfare, and to submit their controversies to arbitration; and many a controversy between nations in the Middle Ages was submitted to the Roman Pontiff as arbitrator. We may recall one famous controversy towards the end of the period, which is most interesting to us as having reference to our own America.

At the end of the fifteenth century, when Columbus had just discovered America, Spain and Portugal led all the nations of Europe and of the world in maritime enterprise. While the great Genoese, and Alonzo de Ojeda, and Amerigo Vespucci, and other famous adventurers, were engaged in the discovery and exploration of a new world for Castille and Leon, Bartholemew Diaz, in the services of Portugal, pushed southward along the coast of Africa and doubled the Cape of Good Hope, being the first to do so since the time of Pharoah Necho, King of Egypt. Following in his wake, the great Portuguese navigator, Vasco de Gama, sailed through the straits of Mozambique, plunged boldly into the unknown wastes of the Indian Ocean, and reached the coast of Hindustan. A controversy arose between Spain and Portugal as to their respective spheres of action and their dominion over the discovered region beyond the Ocean. The controversy was submitted to Pope Alexander VI as arbitrator. Drawing a meridian line north and south some distance west of the Azores, the Pontiff allotted all the discoveries west of that line to Spain and all east of it to Portugal. It so happened that a few years afterwards, in A.D. 1500, the Portuguese navigator Pedro Alvarez Cabral, bound on a voyage to Hindustan, was driven out of his course by a storm on the west coast of Africa, and came on the shores of Brazil. The land which he discovered was east of the meridian line drawn by Pope Alexander, and became Portuguese territory, while elsewhere to the west the power of Spain became dominant. The arbitration was a notable one; it was readily accepted by both parties; and it removed for all time all danger of conflict between Spain and Portugal in respect of their maritime enterprises and colonial acquisitions. (Note. The action of Pope Alexander VI, who has sins enough for which to answer without the imputation to him of sins of which he is not guilty, has been misrepresented by various writers who knew better, as an attempt on his part to give the islands of the sea, as though he claimed dominion over them, to Spain and Portugal. The act of the Pope, as is very apparent from the documents themselves in which the controversy was stated and decided, was purely and simply an arbitration, and not an evidence of any assumption of papal ownership or authority over these transAtlantic lands.) http://www.historyoflaw.info/international-law.html The History of International Law Today (Published in Rechtsgeschichte, 2004) Martti Koskenniemi I Situation at present International law emerged as a specialised profession and a branch of law studies with a chair at universities only in the latter part of the 19th century. Before that, it was usually studied in connection with and sometimes merged into diplomatic history or political philosophy. From the outset, its self-understanding was historically informed. This undoubtedly reflected the sense among international lawyers that they were part of a cosmopolitan project that had a long pedigree sometimes derived from Enlightenment

philosophy but increasingly from earlier times, from Hugo Grotius, 16th century Spanish humanists or even Stoic cosmopolitanism. Still during the inter-war era, international law was understood and examined in intensely historical terms. But the collapse of the inter-war order put also to question the well-foundedness of such an orientation. Clearly, the cosmopolitan project or at least the manner in which it had been conducted had failed. As in most branches of the law, the increasing specialisation of international law directed attention away from history and general reflection on the profession's past. Pragmatic and instrumental tasks such as supporting the United Nations, construction of an international human rights framework, the development of special rules for trade law, environmental law and work for a proliferating number of international institutions since the 1950's, have left little room for historical studies. For a functionally oriented generation, the past offered mainly problems, and few solutions. Although little has happened in international legal history in the past half-century, there have also been clear signs of an atmospheric change. Perhaps the most obvious of these was the inauguration of the European Journal of International Law in 1990 which from the outset included symposia on the "European tradition in international law", explorations in the life and writings of some of the more important European internationalists from the first half of the 20th century. The series understood the denomination of "international lawyer" in an appropriate broad fashion, including studies on theorists such as Hans Kelsen and Alf Ross, whose work only occasionally touched upon questions of international law 2 though when it did, made points of lasting relevance. Many of the studies have been pathbreaking in examining their subjects in their political and intellectual context, seeking distance from the formal and sometimes hagiographic tradition of biographical writing in the field.1 Another significant event was the inauguration of the Journal of the History of International Law / Revue d'histoire du droit international in 1999. The Journal is published twice a year and provides an eclectic forum for writings on different aspects of international legal history from the Roman Empire until the 20th century. It is the first periodical specialised in the field's history and an important competitor to the handful of international relations and diplomatic history periodicals that had published studies in the history of international law so far. Occasional historical pieces have come out in regular international law journals and yearbooks such as, for example, the British, Finnish, German and Italian Yearbooks of international law as well as the Annuaire de droit international in France. Although the Hague Recueil (Recueil des cours de l'Acadmie de droit international, published since 1923) carried historical articles in its early volumes, that practice has been discontinued. Special mention should be made of an increasing interest in international law and the colonial encounter from mid-1980's onwards. Studies on this question in regular law journals in the United States and elsewhere have been of mixed quality but shown a welcome awareness of critical and post-colonial approaches and political orientations of jurisprudence. An extensive (though not exhaustive) bibliography of the history of international law was published in the first issue of the Journal of the History of International Law.2 Very little has happened in the field of publishing general works. In the English language, the principal general treatment remains Arthur Nussbaum's A Concise History of International Law (2nd edn. 1954). Among more recent specialised works, mention should

be made of Alfred Rubin, Ethics and Authority in International Law (1997), David Bederman's International Law in Antiquity (2002) and Brian Simpson's Human Rights and the End of Empire (2001). The present author's Gentle Civilizer of Nations: The Rise and
See. 1 EJIL (1990), 193-249 (Gerges Scelle), 1992 EJIL, 92-169 (Dionisio Anzilotti), 6 EJIL (1995) 32-115 (Alfred Verdross), 8 EJIL (1997), 215-320 (Hersch Lauterpacht), 9 EJIL (1998), 287-400 (Hans Kelsen) and 13 EJIL (2003), forthcoming (Alf Ross).
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3 Fall of International Law 1870-1960 (2002) as well as Outi Korhonen's International Law Situated:An Analysis of the Lawyer's Stance Towards Culture, History and Community (2000) are inspired by a critical perspective. In the Netherlands, interest in Grotius and the early developments in international law has continued to occupy the historical imagination. J.H.W. Verzijl's massive International Law in a Historical Perspective (11 volumes 1968-) is still the most comprehensive overview of the development of the different technical branches of the discipline. In the French language, interest in the history of international law has been dwindling. Among his many historical studies, Antonio Truyol y Serra came out with Histoire de droit international public (1995) - a brief treatment of mainly doctrinal history for student purposes. Notable special works include Peter Haggenmacher's Hugo Grotius et la doctrine de la guerre juste (1983), a challenging and a wide-ranging interpretative study, as well as Emmanuel Jouannet's comprehensive Emer de Vattel el l'emergence doctrinal de droit international classique (1998). In Italy, a basic work is Bruno Paradisi, Civitas Maxima. Studi di stroria del diritto internationale (2 vols. 1974). Stefano Mannoni's Potenza e ragione. La scienza del diritto internazionale nella crisi dell'equilibrio europeo (1870-1914) (1999) is a provocative analysis of the intellectual beginnings of the profession. Yasuaki Onuma's recent works have focused on the history of Japan's international legal relations. Also of interest is the series of historical interpretations presented in Onuma Yasuaki (Ed.), A Normative approach to War: Peace, War and Justice in Hugo Grotius (1993). By far the greatest interest in the history of international law has been in the German language area. Among general works of the post-war era mention should be made of the two-volume Ernst Reibstein, Vlkerrecht. Eine Geschichte seiner Ideen in Lehre und Praxis. (1954) , Wolfgang Preiser's Die Vlkerrechsgeschichte, ihr Aufgaben und ihre Methode (1964) as well as Stephan Verosta's contributions. Wilhelm Grewe's Epochen des Vlkerrechts (1984) follows - as its name indicates - the realist-epochal tradition and is structurally and in spirit close to Carl Schmitt's , Der Nomos der Erde. Das jus publicum Europaeum (1951). Karl-Heinz Ziegler's Geschichte des Vlkerrechts. Ein Studienbuch
Peter Macalister-Smith and Joachim Schwietzke, "Literature and Documentary Sources relating to the History of Public International Law: An Annotated Bibliographical Survey", 1 Journal of the History of International Law (1999), 136-212.
2

4 (1994) is a concise work for students that follows the "great epochs" tradition. Mathias Schmoeckel's Die Grossraumtheorie: ein Beitrag zur Geschichte der Vlkerrechtswissenschaft im Dritten Reich, insbesondere der Kriegzeit (1994) is a welcome treatment of a difficult topic. Also other biographically oriented works have been published in Germany. Above all, however, mention should be made of the unprecedented project under Professor Michael Stolleis of the Max Planck Institut fr Rechtsgeschichte of a series of PhD works in the history of international law in Germany from the late 19th

century to the Second World War.3 At least two reasons for the recent increase of interest in international law's history are evident. One is constituted of the complex of political transformations that it has become commonplace to call the end of the Cold War. Many have felt that after 1989 it has become "again" possible to continue to cosmopolitan project interrupted by the emergence of totalitarian ideologies in the 1920's and 30's, the Second World War and the rise of the iron curtain. In the absence of an overriding ideological opposition, it has seemed important to examine the past especially the mindset of 19th century liberal internationalism in order to find out what aspects of it might still speak to the present. Others have, by contrast, understood the end of the Cold War to mean a final break with the old diplomatic system whose Grundnorm had consisted of the sovereign equality and non-intervention and which may have obstructed progressive international transformation. From this perspective, the point of historical studies may have been to provide a chronology of the vicissitudes of an outdated system so as to exorcise realist State-centrism and to provide a new language of enthusiasm for international lawyers. Such different reactions to the political transformations articulate two opposite interpretations of the situation of today's international law to its past. One provides a narrative of continuation. Enthusiasm about the possibilities of collective security in the UN after 1989, for example, led to re-examinations of the League of Nations how might the UN deal with the problems of collective security that finally destroyed the League? Other studies have highlighted the techniques of an internationalised colonialism under the
The first five theses in this series so far published (by Nomos Verlag) ar Florian Herrmann, Das Standardwerk. Franz von Liszt und das Vlkerrecht (2001), Jochen von Bernstorff, Der Glaube an das universale Recht. Zur Vlkerrechtstheorie Hans Kelsens und seiner Schler (2001), Stephanie Steinle, Vlkerrecht und Machtpolitik - Georg Schwarzenberger (1908-1991)( 2002). Betsy Rben, Johann Caspar
3

5 League mandates system or on the management of the nationalities problem under the Versailles arrangement. The Peace Treaty did not succeed in many of the tasks that had been set to it the realisation of national self-determination, for instance. Studies of these failures have sometimes attempted to provide "lessons" for UN treatment of Third World problems, sometimes to reinvigorate the univeralist aims of classical international law.. The narrative of a wholesale break towards the past has given rise to studies aiming to provide a full-scale history of the system of sovereign equality from its inception (usually in Westphalia) through its heyday (the 19th century) to its decline and breakdown in the crises of the 20th century. Under this optic, the Cold War constituted the last gasp of that system. Such histories seek to foreshadow the coming of an altogether different type of international law, perhaps one with greater attention to the needs and status of human beings. Works in this vein often highlight the close ties of modern international law with colonialism and associate its demise with the emergence of human rights law as the focal point of liberal legal reform in the international field. In addition to the sense of an increased political possibility connected with the end of the Cold War, the other factor contributing the emergence of historical studies has undoubtedly been the breakdown of the modernist frame of politics that used to provide a rather optimistic and above all universalistically inclined interpretation of the international world. The twentieth century has been increasingly interpreted in Tzvetan Todorov's terms, as "tentation du bien, mmoire du mal": the great utopias of modernity not only failed to materialise, the very worst aspects of the 20th century were caused by some of them. A

postmodern outlook does not subscribe to the "metanarratives" that provided coherence and direction to historical writing in the past. It does not share the sense that modernity is linked with "progress" or that "progress" could be seized by the liberal humanitarianism that provided an intellectual and ideological basis to international law from late 19th century onwards. From such a perspective, it seems urgent to re-interpret the past in terms of discontinuous "genealogies" that link the problems of a juggernaut-like modernity to choices made in the past and not to some inexorably constraining historical laws. The study of the past then takes the form: "Who is to blame and what can be done?"
Bluntschli, Francis Lieber und das moderne Vlkerrecht 1861-1881.(2003) and Sandra Link, Ein Realist mit Idealen Der Vlkerrechtler Karl Strupp (1886-1940) (2003).

6 II Future Tasks There are at least three directions into which an invigorated study of the history of public international law could profitably develop. 1) Towards an intellectual history (Ideengeschichte) of international law. A first task would be a renewed engagement in the intellectual history of international law. So far, historical writing has been predominantly in three styles. (Especially) German writers have produced accounts of the succession of great historical "epochs", written in a realistic mode and picturing international law as the instrument of the policies of the period's dominating power (Grewe, Schmitt, Ziegler). Another mode of writing has treated the application and development of great principles through successive periods (e.g. Robert Redslob, L'histoire des grands principes du droit des gens depuis l'antiquit jusqu' la veille de la grande guerre, 1923). And a third mode has concentrated on individual persons (e.g. A. de Lapradelle, Matres et doctrines du droit des gens, 2 dition, 1950). Although useful work has been produced in each of the genres, the methodological and theoretical problems linked with them are evident. Not least of these is the sometimes rather anachronistic treatment of international law as what Judge Holmes would have called a "brooding omnipresence in the sky", a more or less unchanging and autonomous set of normative ideas, carried by the heroes of the profession slowly through successive "periods" of grandeur and decline. What would now seem needed is to contextualise the legal ideologies or concepts within the intellectual, social, and political environment in which they have operated. Studies by political historians for instance within the "Cambridge School" (Quentin Skinner, Richard Tuck) have thrown important light on the intellectual context in which the discipline's key figures such as the Spanish scholastics or indeed Hugo Grotius produced their works. Though useful, the focus of these studies has been naturally elsewhere than in questions that interest the lawyer and they sometimes suffer from the author's lack of specialised knowledge. Studies on the historical uses of particular concepts or doctrines should also trace their connections with the parallel concepts and doctrines within neighbouring areas such as private law, international relations or political theory and philosophy. More regard than in the past should be given to internal divisions in the discipline, the way particular 7 concepts or doctrines reflect national, cultural or political differences. A fruitful direction would be also to trace the relations between concepts and doctrines on the one hand, and the development of the images of the profession on the other. Whether the international lawyer is seen predominantly as an "advisor", "professor" or "judge", for instance, has a direct bearing on how the relevant law is understood. And it goes almost without saying

that in portraying international law's changing relationship to private law, diplomatic history and political philosophy, more use should be taken of specialised studies in those disciplines. 2) Focus on the West and its "Other". Like international law itself, the historiography of international law has been predominantly Eurocentric. General treatments of the field have usually concentrated on the period of European predominance, especially on aspects of the system of sovereign equality set up in the Peace of Westphalia in 1648. Specialised studies have sometimes treated the role of international law in Western Antiquity or in the Roman Empire but very little attention has been paid to patterns of legal interaction between nonEuropean societies and the West or non-European societies among each other. It also surprising how little has been written on the relationship of Europe to Non-European territories and peoples. Colonialism and imperialism have been treated as marginal or have sometimes been excluded altogether from the field of international law, deferring them, as was done by the colonial power, to the domestic law of the colonial metropolis. As a result, the treatment of the role of law in imperialism and colonialism has been left for political historians. Although much of their work (for instance by Anthony Pagden or Victor Kiernan) is of direct relevance for international lawyers, it remains little known within the profession. It is no wonder that an exception to this is constituted by a number of studies by thirdworld lawyers such as R.P. Anand and T.O. Elias. The principal monographic treatments of international law and colonialism in the English language remain the works by C..H. Alexandrowicz. However, the most comprehensive treatment of the matter is Jrg Fisch, Die europische Expansion und das Vlkerrecht: die Auseinandersetzungen und den Status der berseeischen gebiete vom 15. Jahrhudert bis zur Gegenwart (1984). Much 8 significant recent work has, however, been carried out in the context postcolonial and critical legal studies.4 3) Towards a historical sociology of international law. Standard works in international law have treated the matter in terms of the great epochal transformations, wars, systems of norms, or the works and lives of individual lawyers. There has been virtually no attempt to study international law from the perspective of the sociology of the international system. Whatever little abstraction of the international system has been employed, has been taken from political theory. The depictions of "Westphalian system", "anarchy", "Empire" and "international community" have remained the abstract ideal-types of international society resulting from arm-chair generalisation rather than sociological study. A "social history of international law" would be needed to undertake more detailed studies of the connections between different historical types of international society and types of normative system connected with them. Another direction for such studies would be connect the development of normative systems to macro-level economic and social developments. To what extent has the law influenced such developments, to what extent it has been influenced by them? A third direction of historical sociology might connect international law's development to the development of international law as a professional practice. Who have the international lawyers been? How have they been trained? What types of activity have they been engaged in? Have foreign offices followed their opinions? Some of such work already exists, but more would be needed, and from different parts of the world. The possibilities for a historical sociology of international law are, in fact, almost limitless.

xxxxx At this writing, challenges to traditional public international law come from many directions: the role of private actors in a globalising world economy, unilateralism of the United States, environmental degradation, the persistence of massive poverty and underdevelopment in the Third World, to name just a few. To respond more efficiently to such challenges than it has done so far, international law must expand beyond the "diplomats' law", legislated within the United Nations and other inter-governmental bodies.
Here I am especially thinking of the work by Antony Anghie, Nathaniel Berman, Anthony Carty, James Tuo Gathii, David Kennedy, Benedict Kingsbury, Outi Korhonen, Liliana Obregon, and Annelise Riles, among others.
4

9 Dealing with new problems and new demands of regulation requires a much more thorough understanding of international law's historical roles, and of the highlights and dark sides of the profession's cosmopolitan commitments, than what exists today. http://www.helsinki.fi/eci/Publications/Koskenniemi/MHistory.pdf

Evolution of International Law


Beginnings

There was little scope for an international law in the period of ancient and medieval empires, and its modern beginnings coincide, therefore, with the rise of national states after the Middle Ages. Rules of maritime intercourse and rules respecting diplomatic agents (see diplomatic service) soon came into existence. At the beginning of the 17th cent., the great multitude of small independent states, which were finding international lawlessness intolerable, prepared the way for the favorable reception given to the De jure belli ac pacis [concerning the law of war and peace] (1625) of Hugo Grotius, the first comprehensive formulation of international law. Though not formally accepted by any nation, his opinions and observations were afterward regularly consulted, and they often served as a basis for reaching agreement in international disputes. The most significant principle he

enunciated was the notion of sovereignty and legal equality of all states. Other important writers on international law were Cornelius van Bynkershoek, Georg F. von Martens, Christian von Wolff, and Emerich Vattel.
Development to World War I

The growth of international law came largely through treaties concluded among states accepted as members of the family of nations, which first included the states of Western Europe, then the states of the New World, and, finally, the states of Asia and other parts of the world. The United States contributed much to the laws of neutrality and aided in securing recognition of the doctrine of freedom of the seas (see seas, freedom of the). The provisions of international law were ignored in the Napoleonic period, but the Congress of Vienna (see Vienna, Congress of) reestablished and added much, particularly in respect to international rivers and the classification and treatment of diplomatic agents. The Declaration of Paris (see Paris, Declaration of) abolished privateering, drew up rules of contraband, and stipulated rules of blockade. The Geneva Convention (1864) provided for more humane treatment of the wounded. The last quarter of the 19th cent. saw many international conventions concerning prisoners of war, communication, collision and salvage at sea, protection of migrating bird and sea life, and suppression of prostitution. Resort to arbitration of disputes became more frequent. The lawmaking conventions of the Hague Conferences represent the chief development of international law before World War I. The Declaration of London (see London, Declaration of) contained a convention of prize law, which, although not ratified, is usually followed. At the Pan-American Congresses, many lawmaking agreements affecting the Western Hemisphere have been signed.
Effect of the World Wars

In World War I, no strong nations remained on the sidelines to give effective backing to international law, and the concept of third party arbitration was again endangered; many of the standing provisions of international law were violated. New modes of warfare presented new problems in the laws of war, but attempts after the war to effect disarmament and to prohibit certain types of weapons (see war, laws of) failed, as the outbreak and course of World War II showed. The end of hostilities in 1945 saw the world again faced with grave international problems, including rectification of boundaries, care of refugees, and administration of the territory of the defeated enemy (see trusteeship, territorial). The inadequacy of the League of Nations and of such idealistic renunciations of war as the Kellogg-Briand Pact led to the formation of the United Nations as a body capable of compelling obedience to international law and maintaining peace. After World War II, a notable advance in international law was the definition and punishment of war crimes. Attempts at a general codification of international law, however, proceeded slowly under the International Law Commission established in 1947 by the United Nations.
Recent Developments

The nuclear age and the space age have led to new developments in international law. The basis of space law was developed in the 1960s under United Nations auspices. Treaties have been signed mandating the internationalization of outer space (1967) and other celestial bodies (1979). The 1963 limited test ban treaty (see disarmament, nuclear) prohibited nuclear tests in the atmosphere, in outer space, and underwater. The nuclear nonproliferation treaty (1968) attempted to limit the spread of nuclear weapons. The agreements of the Strategic Arms Limitation Talks, signed by the United States and the USSR in 1972, limited defensive and offensive weapon systems. This was

first of many international arms treaties signed between the two nations until the dissolution of the Soviet Union. Other treaties have covered the internationalization of Antarctica (1959), narcotic interdiction (1961), satellite communications (1963), and terrorism (1973). The Law of the Sea (1983) clarified the status of territorial waters and the exploitation of the seabed. Environmental issues have led to a number of international treaties, including agreements covering fisheries (1958), endangered species (1973), global warming and biodiversity (1992). Since the signing of the General Agreement on Tariffs and Trade (GATT) in 1947, there have been numerous international trade agreements. The European Union (prior to 1993, the European Community) has made moves toward the establishment of a regional legal system; in 1988 a Court of First Instance was established to serve as a court of original jurisdiction on certain economic matters. The establishment of the International Criminal Court (2002), with jurisdiction over war crimes, crimes against humanity, and related matters, marked a major step forward in international law despite the United States' repudiation of the treaty under President George W. Bush.
Sections in this article:

Introduction Nature and Scope Evolution of International Law Bibliography

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Nature and Scope OF INTERNATIONAL LAW..


International law includes both the customary rules and usages to which states have given express or tacit assent and the provisions of ratified treaties and conventions. International law is directly and strongly influenced, although not made, by the writings of jurists and publicists, by instructions to diplomatic agents, by important conventions even when they are not ratified, and by arbitral awards. The decisions of the International Court of Justice and of certain national courts, such as prize courts, are considered by some theorists to be a part of international law. In many modern states, international law is by custom or statute regarded as part of national (or, as it is usually called, municipal) law. In addition, municipal courts will, if possible, interpret municipal law so as to give effect to international law. Because there is no sovereign supernational body to enforce international law, some older theorists, including Thomas Hobbes, Samuel Pufendorf, and John Austin have denied that it is true law. Nevertheless, international law is recognized as law in practice, and the sanctions for failing to comply, although often less direct, are similar to those of municipal law; they include the force of public opinion, self-help, intervention by third-party states, the sanctions of international organizations such as the United Nations, and, in the last resort, war. National states are fundamentally the entities with which international law is concerned, although in certain cases municipal law may impose international duties upon private persons, e.g, the obligation to desist from piracy. New rights and duties have been imposed on individuals within the framework of international law by the decisions in the war crimes trials as well as the treaty establishing the International Criminal Court (see war crimes), by the genocide convention, and by the Declaration of Human Rights (see Economic and Social Counci
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International Law (2d ed. 1987);

Diplomacy:

Diplomacy is the art and practice of conducting negotiations between representatives of groups or nations. It usually refers to international diplomacy, the conduct of international relations through the intercession of professional diplomats with regard to issues of peace-making, culture, economics, trade, and war. International treaties are usually negotiated by diplomats prior to endorsement by national politicians. The word stems from the Greek word diploma, which literally means two fold as in folded in two. In ancient Greece, a diploma was a certificate certifying completion of a course of study, typically folded in two. In the days of the Roman Empire, the word diploma was used to describe official travel documents, such as passports and passes for imperial roads, that were stamped on double metal plates. Later, the meaning was extended to cover other official documents such as treaties with foreign tribes. In the 1700s the French called their body of officials attached to foreign legations the corps "diplomatique". The word diplomacy was first introduced into the English language by Edmund Burke in 1796, based on the French word diplomatie. http://askville.amazon.com/diplomacy/AnswerViewer.do? requestId=222668

1. Diplomacy What is diplomacy? Diplomacy is the art and practice of conducting negotiations between representatives of groups or states. It usually refers to international diplomacy, the conduct of international relations through the intercession of professional diplomats with regard to issues of peace-making, trade, wars, economics, cultures, environment and human rights.

International treaties are usually negotiated by diplomats prior to endorsement by national politicians. In an informal or social sense, diplomacy is the employment of tact to gain strategic advantage or to find mutually acceptable solutions to a common challenge, one set of tools being the phrasing of statements in a non-confrontational or polite manner. The process of diplomatic processes, dealing with the study of old documents, also owes its name to the above, but its present meaning is completely distinct from that of diplomacy. http://www.edipcourse.diplomacy.universityofqaran.com/whatdiplomacy.html

a) Diplomatic Recognition

a) Diplomatic Recognition Diplomatic recognition is an important factor in determining whether a nation is an independent state. Receiving recognition is often difficult, even for countries which are fully sovereign. For many decades after its becoming independent, even many of the closest allies of the Dutch Republic refused to grant it full recognition. Today there are a number of independent entities without widespread diplomatic recognition, most notably the Republic of China (ROC) on Taiwan. Since the 1970s, most nations have stopped officially recognizing the ROC's existence on Taiwan, at the insistence of the People's Republic of China. Currently, the United States and other nations maintain informal relations through de facto embassies, with names such as the American Institute in Taiwan. Similarly, Taiwan's de facto embassies abroad are known by names such as the Taipei Economic and Cultural Representative Office. This was not always the case, with the US maintaining official diplomatic ties with the ROC, recognizing it as the sole and legitimate government of all of China until 1979, when these relations were broken off as a condition for establishing official relations with Communist China. The Palestinian National Authority has its own diplomatic service, however Palestinian representatives in most Western countries are not accorded diplomatic immunity, and their missions are referred to as Delegations General. Other unrecognized regions which claim independence include Abkhazia, Transnistria,

South Ossetia, Nagorno Karabakh, and the Turkish Republic of Northern Cyprus. Lacking the economic and political importance of Taiwan, these nations tend to be much more diplomatically isolated. Though used as a factor in judging sovereignty, Article 3 of the Montevideo Convention states, the political existence of the state is independent of recognition by other states.

History of Early Diplomacy

History of Early Diplomacy Ancient Egyptian, Canaan, and Hittite Empire Some of the earliest known diplomatic records are the Amarna letters written between the pharaohs of the Eighteenth dynasty of Egypt and the Amurru rulers of Canaan during the 14th century BC. Following the Battle of Kadesh in c. 1274 BC during the Nineteenth dynasty, the pharaoh of Egypt and ruler of the Hittite Empire created one of the first known international peace treaties which survives in stone tablet fragments.

The Modern Diplomacy

The Modern Diplomacy The origins of modern diplomacy within the international spectrum of politics could often be traced back to the states of Northern Italy. This was during the early renaissance, where the first diplomatic embassies were established in the thirteenth century. The state of Milan played an incredible part in the establishment of permanent embassies within the city states of Northern Italy. Various diplomatic traditions were also conceived within Italy. The presentation of an Ambassadors credentials and acknowledgments are elements that were inaugurated in Italian early modern diplomacy. The practice of diplomacy and its various intricacies were also spread to various other autonomous European states. Milan created the first diplomatic international gesture in 1455, by sending a representative to the court of France. It was extremely controversial however, that they would not accept the same gesture from France, due to the fears of espionage and intervention in internal affairs. It had eventually become evident that as super powers such as France and Spain grew in size and strength, and there was an overarching necessity to accept any form of diplomatic effort within the international arena. Eventually Italy paved the way for all European power to exchange representatives. By the late 16th century, permanent emissaries were standard practice. Diplomatic Strategy Real world diplomatic negotiations are very different from intellectual debates in a university where an issue is decided on the merit of the arguments and negotiators make a deal by splitting the difference. Though diplomatic agreements can sometimes be reached among liberal democratic nations by appealing to higher principles, most real world diplomacy has traditionally been heavily influenced by hard power. The interaction of strength and diplomacy can be illustrated by a comparison to labor negotiations. If a labor union is not willing to strike, then the union is not going anywhere because management has absolutely no incentive to agree to union demands. On the other hand, if management is not willing to take a strike, then the company

will be walked all over by the labor union, and management will be forced to agree to any demand the union makes. The same concept applies to diplomatic negotiations. There are also incentives in diplomacy to act reasonably, especially if the support of other actors is needed. The gain from winning one negotiation can be much less than the increased hostility from other parts. This is also called soft power. Many situations in modern diplomacy are also rules based. When for instance two World Trade Organization countries have trade disputes, it is in the interest of both to limit the spill over damage to other areas by following some agreed-upon rules.

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