What is your casebook leaving out?
The larger, contested role of international law within the study of international politics.

States guard their sovereignty, resisting the idea of “global governance,” especially in the face of intensifying globalization that has fostered ever more economic and social interdependence. Despite sovereign concerns, international law is far more than a utopian ideal, Rochester argues; rather, it is a very real part of world affairs that is shaped by international politics and, in turn, shapes relations between states.

In vibrant prose, Rochester explores the role of international law in international affairs, moving beyond a purely legal approach to the topic. He begins with the substantive rules of international law and then examines its development and operation in five major sectors—human rights; war and peace; the international economy; the law of the sea, airspace, and outer space; and international environment law—all through the lens of international relations theory. Supported by the latest scholarly research and supplemented with instructive case studies, illustrative photos and cartoons, and meaningful discussion questions, this book seeks to spark interest in a subject with a rich history of great contemporary importance and with increasing relevance to our lives.

www.cqpress.com/cs/Rochester

Want full text of cases and treaties?
For ease of use and reference, a companion website to the book offers an annotated case list with links to the cases and treaties mentioned and analyzed throughout the text. This case list, along with a compilation of resources for further research, can also be found in the book’s appendix.

Moot Court Simulation: The Great Tuna Boat Chase
Also on the book’s website, instructors can find a hypothetical case based on a skirmish between U.S. fishing boats and Ecuadorian military gunboats in a dispute of territorial vs. international waters. Rochester offers guidelines for setting up and overseeing mock legal proceedings for this fun and enlightening “tuna boat” case in your classroom.

Preface

Part I. Introduction: Putting International Law in Proper Perspective, or Putting Your Legal Prototypes Aside

1. International Law and International Politics
The Relevance of International Law
The Challenge

2. The Great Paradigm Debate: Realism, Idealism, and Other Schools
The Realist Paradigm
The Idealist (Liberal) Paradigm
Bridging the Realist-Idealist Divide
The Constructivist Paradigm and Other Schools of Thought

3. Is International Law Really Law, Or a Charade?
Is International Law Really Law?
The Making of International Law: Where Does the Law Come From?
The Breaking of International Law: How is the Law Enforced?
The Adjudicating of International Law: Who Are the Judges?
The Verdict on International Law

Part II. International Law at Work: Shooting Pool and Pooling Sovereignty

4. Human Rights: What Happened to Sovereignty?
Treatment of Aliens
Treatment of Citizens
Human Rights Challenges in the Twenty-First Century
Conclusion

5. War and Peace: Do We Need New Rules for an Old Problem?
The Changing Nature of Global Violence
War and the Evolution of International Law
Conclusion

6. International Economic Relations and International Law: Regulating States and Markets
The Changing Nature of International Political Economy: The Contest Between Economic Nationalism (States) and Liberal Internationalism) Markets
International Regimes and Economic Order
International Regimes and Economic Justice
Conclusion

7. The Law of the Sea, Air, and Outer Space: Negotiating Troubled Waters and Other Territorial Issues
Bases of Jurisdiction
Acquisition of Title to Territory
Conclusion

8. International Environmental Law: Protecting the Biosphere
Environmental Politics and Law in Historical Perspective
The Range and Nature of Environmental Regimes
Compliance and Effectiveness
Ecopolitics
Conclusion

Part III. Conclusion: A Summation of the Argument

9. The Future of International Politics, International Law, and Global Governance
A Few Observations About the Observance of International Law
Strengthening the Rule of Law in International Politics
Between Peril and Promise

Appendix A: Questions for Study and Discussion
Appendix B: Table of Cases
Appendix C: Resources for Researching International Law: Web sites, Casebooks and Reference Works, and Readings

Notes
Index

"This is a lively and easy to read text of the highest intellectual caliber. Rochester gives a penetrating and in-depth analysis of the major issues facing contemporary international law and global governance. Between Peril and Promise really brings international politics into the study of IL and is an exceptional text for both international law and international organization courses. For those tired of giving students pabulum, this is the book!"

"Martin Rochester achieves that often elusive goal of being simple without being simplistic in examining the politics of International Law in some key areas of global governance. He bridges the gap between International Law for the cognoscenti and law reflecting the dilemmas of world problems. This will grab students, so grab it for them!"

"Since the end of World War II the international system has been in a process of remarkable and complex change, challenging the Westphalian state system. How does the international legal system relate to and reflect the changing conditions of order in the post-Cold War and post-9/11 world of the 21st century? Marty Rochester skillfully leads students through a set of contemporary political and legal topics to help them think about such questions by also asking: 'What good is international law?' and 'How does politics shape the development of international law, and international law shape politics?'"

J. Martin Rochester is professor of political science at the University of Missouri–St. Louis, where he has taught courses on international politics and international law since 1972. His books include Waiting for the Millennium: The United Nations and the Future of World Order and Between Two Epochs: What's Ahead for America, the World, and Global Politics in the 21st Century? He has been published in such scholarly journals as the American Political Science Review, International Organization, International Studies Quarterly, and the Journal of Peace Research. Rochester is a recipient of the Chancellor’s Award for Excellence in Teaching at UM–St. Louis, and in 2001 he was named a Distinguished Teaching Professor by the University’s Board of Curators.