Customer Reviews

International Law

5 star:		(5)
4 star:		(4)
3 star:		(1)
2 star:		(1)
1 star:		(0)

 

 

This is a dense but ultimately rewarding introduction to the subject matter. Shaw's prose is at best elliptical; it's very easy to lose the forest for the trees in this book, particular given Shaw's tendency to explain in exhaustive detail the procedural workings of the various international and regional organizations. Although it sometimes reads like a very, very long grocery list, it is an essential reference book for anyone hoping to learn about public international law. Overall, it's a very thorough introduction to the subject matter, and is much more accessible the second and third times through. Complemented by an excellent index and supplementary materials.

The remark about the Jay treaty convinced me. I immediately decided to buy this book; if an obvious typo (1974 instead of 1794) is the only objection that can made against this book, it must be great.

the jay treaty was signed in 1794...it is easy to see how a mistake may be overlooked and the date of 1974 may creep into the text of such a voluminous work. In the light hereof I think the reader from Korea was unnecessarily harsh...editing mistakes are an everyday occurrence and the date was as easy as a search in yahoo to verify.

The complexity of international law does not arise solely from the content of its statues but also from the legitimacy of its enforcement. The laws of cities, states, and nations are typically accompanied by a monopoly on how to enforce these laws. Their citizens have agreed to conform to these laws and their legitimacy as cities, states, and nations arises from this agreement. If citizens choose to violate these laws they are punished accordingly. But what entity oversees the punishment when laws between nations are violated? Such laws come under the umbrella of international law, the subject of this book, and their enforcement is only possible if the nations agree to this enforcement.

The question of enforcement usually arises in the context of the legitimacy of the use of force or acts of war between nations, and is dealt with in some detail in this book. But there are many other aspects of international law that are discussed, and some readers may want to deal with the sheer size of the book by selecting those areas they are most interested in. A study of international law has become essential in today's world, due in part to the many wars that have broken out, some of them definitely bearing the mark of aggression and "war crimes", but also because of trade and patent disputes, along with the availability of complex financial products that need to operate across borders.

The book is heavily referenced, satisfying those skeptical readers who need to delve into even more of the details. The author presents international law as a `separate system' of law, as one that is not merely an adjunct to the laws of two or more countries. There is no legislature, no system of courts, and no institution to establish legal rules. Thus enforcement becomes an issue, at least if one insists on comparing international law with domestic law, and thus the author raises the question early on as to the status of international law as actually being a legitimate subfield of legal thought. It seems that the concept of coercion and its use is essential for qualify a system of statements as being a legal system. The author addresses these issues early on in the book, and as expected he concludes that one cannot ascertain the character or nature of international law solely with respect to a definition of law based on sanctions. His goal then is to find out why states feel compelled to follow the statutes of international law. If they do not, then he believes no system of international law can exist. It follows immediately that compliance among nations is a necessary condition for international law. As a system of legal thought, international law governs `patterns of conduct' that nations are to comply with. A search for "stability" and "predictability" compels different nations to respect the system of international law. `Reciprocity' and risk aversion may dissuade states from violating these agreements, since there is no international police force to punish violations.

The author also traces the history of international law, which as a legal body of thought primarily has its roots in the last four centuries, but whose underpinnings can be trace backed for thousands of years. Very interesting in his treatment of this history is the origin of `natural law' which he traces back to the ancient Greeks and taken up (oddly enough) by the Romans. The doctrine of natural law has a few noted adherents of late, including a few who sit on the United States Supreme Court. But as can easily be ascertained by perusing the author's history, international law is well represented geographically and culturally, a fact that is sometimes forgotten in Western culture. This "Eurocentric" view however has been weakened for the last several decades according to the author. Philosophical speculations, theology, and political science of course have played a role in the content of international law, and in this regard the author discuss the impact of positivism. Marxist-Leninist doctrine of course played a huge role especially in the late nineteenth century and all through the twentieth century. Modern developments in the legal theory of international law have been very influenced, as has every other realm of human activity, by mathematics, particularly in the use of game theory and decision theory. The author discusses this briefly, along with "feminist" approaches to legal reasoning.

But if international law has not formal body of courts or presiding legislature, how is one to judge objectively cases or grievances that interested parties classify as being under the umbrella of international law? One needs test cases, precedents, documentation, or "sources" as the author calls them to give some sort of degree of certainty to the legal process. He devotes an entire chapter to this topic, and states early on that he believes international law does exist and has sources from which one can extract rules and perform useful analysis. What might be called "grassroot" behaviors and rules or "customs" which at first glance may be dismissed as irrelevant play a very important and dynamic role in international law the author argues, and he gives extensive discussion on why he thinks this is the case. And interestingly, he characterizes treaties as being a modernized version of creating law through custom. Of course the United Nations and other institutions have acted as sources, provoking sometimes much skepticism as to their efficacy in this regard.

If countries or states had laws on their books that directly conflict with international law or are at odds with it to some noticeable degree then a resolution or compromise must be found. Thus the `municipal laws' of a state must be related to the legal frameworks of international law, and the author devotes an entire chapter of the book to this topic. He outlines briefly the different schools of thought on this relationship, before he decides on a "realist" approach to this issue, and he clearly supports the notion that international law cannot be evaded by a state by applying its internal legal rules. He then discusses historical evidence that shed light on the complexity of this assertion, including real court cases from Great Britain and the United States.

Note: This review is based on a reading of the first four chapters of the book.

This book is one of several "must have" while doing a serious investigation on international law. This is the best way to start. It covers most of the aspects of international law, from Sources of Law to Space Law and International Environmental Law.

I was looking forward a book that could help me to understand the american vision of international law, in order to accomplish this item in my thesis and it fulfilled all my expectations.

Beside some edition flaws (like the date issue) Malcom N. Shaw is a very good book about international, it gives a good analyze over the basic institutions of international law.

For graduate/bachellor grade students it is a must have book.

Very good book, with excellent insights and thourough explanations. I recommend it, for sure. Shaw is a great author. He achieves what few can achive and provides us the best introduction, though not shallow, on international law.

It's a great book, it gives perfect bases on international law, it's a great tool and material.

Although the book is extremely thick and small(length-wise). It is very good. It should have been longer so its not that thick and difficult to hold when reading. Overall I like the content.