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The Future of International Law
Global Government

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Part of ASIL Studies in International Legal Theory

  • Date Published: May 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107435858

$ 35.99 (C)

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About the Authors
  • The world is changing rapidly, and there are increasing calls for international legal responses. There is and will be increasing social change in areas such as globalization, development, demography, democratization, and technology. Because of this change, international relations does and will occupy an expanding proportion of the concerns of citizens and the responsibilities of states. This will drive greater production of international law and organizational structures. The resulting denser body of law and organizations will take on more prominent governmental functions. It is in this sense that the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern. On this basis, the book predicts that a more extensive, powerful, and varied international legal system will be needed to cope with future opportunities and challenges.

    • Looks at trends in order to assess future demands for international law
    • Examines demands for international law in a variety of areas, including trade, human rights, cybersecurity, environment and finance
    • Argues that as the scope and complexity of international law increases, it will become increasingly constitutionalized and will take on more characteristics of global government
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    • Winner of the 2014 Best Book Award, International Law Section, International Studies Association

    Reviews & endorsements

    "The future of international law - government - may, according to some of us already be the present. What that means, however, and what challenges it poses, becomes a lot clearer by this stimulating, thoughtful and timely monograph."
    J. H. H. Weiler, Editor in Chief, European Journal of International Law

    "Trachtman’s book is an interesting and engaging addition to the literature occupied with understanding how international law will move beyond the consent-only familiar system identified with Westphalia. The greatest strength in Trachtman’s approach is his combination of a firm understanding of international law as it presently operates with an engaging analysis firmly rooted in functionalist and economic theory … a worthwhile read for anyone interested in understanding the questions which currently face international law."
    Aoife O'Donoghue, Netherlands International Law Review

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    Product details

    • Date Published: May 2014
    • format: Paperback
    • isbn: 9781107435858
    • length: 318 pages
    • dimensions: 229 x 152 x 17 mm
    • weight: 0.43kg
    • contains: 6 b/w illus. 8 tables
    • availability: Available
  • Table of Contents

    1. Introduction: the crisis in international law
    2. Reasons for international law and organization
    3. International law and organization as a system for transnational political linkage
    4. The futurology of international law
    5. Cyberspace
    6. Human rights
    7. Environmental protection and public health
    8. Global regulation of finance
    9. Economic liberalization: trade, intellectual property, migration, and investment
    10. Fragmentation, synergy, coherence, and institutional choice
    11. International legal constitutionalization
    12. Conclusion: functionalism revisited.

  • Author

    Joel P. Trachtman, Tufts University, The Fletcher School
    Joel P. Trachtman is Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University. The author of more than eighty scholarly publications, Professor Trachtman's books include The International Law of Economic Migration: Toward the Fourth Freedom (2009), Ruling the World: Constitutionalism, International Law, and Global Governance (2009), Developing Countries in the WTO Legal System (2009), The Economic Structure of International Law (2008) and International Law and International Politics (2008). He has consulted for the United Nations, the OECD, APEC, the World Bank, the Organization of American States, and the US Agency for International Development. He has served as a member of the boards of the American Journal of International Law, the European Journal of International Law, the Journal of International Economic Law, the Cambridge Review of International Affairs and the Singapore Yearbook of International Law.


    • Winner of the 2014 Best Book Award, International Law Section, International Studies Association

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