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Research Handbook on International Law and Cities

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Research Handbook on International Law and Cities

9781788973274 Edward Elgar Publishing
Edited by Helmut Philipp Aust, Professor of Law, Freie Universität Berlin, Germany and Co-Chair of the ILA Study Group on ‘The Role of Cities in International Law’ and Janne E. Nijman, Professor of History and Theory of International Law, University of Amsterdam, the Netherlands and Professor of International Law, The Graduate Institute, Switzerland; Chairperson of the Board and Academic Director, T.M.C Asser Instituut and Co-Chair, ILA Study Group on ‘The Role of Cities in International Law’. With Miha Marcenko, Researcher, T.M.C. Asser Institute, the Netherlands
Publication Date: 2021 ISBN: 978 1 78897 327 4 Extent: 512 pp
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.

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Critical Acclaim
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This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.

Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike.

Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.
Critical Acclaim
‘Aust and Nijman’s Research Handbook on International Law and Cities captures the complexity, and the controversy, of the relationship between cities and international law in all its splendour. This is a skilfully designed and executed – and coherent – work from the leading legal scholars in the field. The reader is led through the history, structure and many of the current issues in what is an increasingly well-established field, both academically and in practice. There will be many more thematic avenues to explore but the principles and the path are set out here. This book will become a dear friend for many historians, political scientists and lawyers, to name but a few.’
– Robert Lewis-Lettington, UN-Habitat

‘Walter Benjamin – foremost among writers on cities – once observed (to paraphrase) that crafting a good piece of writing entails making, at once, a musical composition, an architectural construction, and a woven textile. The Research Handbook on International Law and Cities that Helmut Aust and Janne Nijman have assembled, working with Miha Marcenko and a superb array of contributors, succeeds in all these ways. Combining historical, conceptual, practical and critical takes on the role of cities in global phenomena, and on various manifestations of the global in the urban, it sounds provocative notes for future work. Its construction is at once magisterial and replete with intriguing openings. Its fabric is rich in theoretical and empirical threads of value to international law and cognate disciplines. As one sometimes does in a city, I lost myself in its pages, in the most pleasurable way. Regardless of their disciplinary or geographic starting point, all those who read it – or should I say, visit this volume’s many cities – are sure to emerge newly informed and inspired.’
– Fleur Johns, UNSW Sydney, Australia

‘This Research Handbook offers a rich array of insightful analyses about the way that international law is being shaped, interpreted, and implemented by cities. After exploring historical antecedents, the volume dives into structural aspects of cities within international law, before tackling the role of cities in reshaping particular subject matter areas, such as climate change, human rights and refugees. For those captivated by States and international organizations as the only actors that count, this volume will change your mind.’
– Sean D. Murphy, George Washington University, US and Member, U.N. International Law Commission
Contributors
Contributors: H.P. Aust, N. Barak, M. Baumgärtel, A. Beaudouin, S. Besson, Y. Blank, T. Boestad, G. Cartier, J.K. Cogan, C.M. Colombo, K. Creutz, S. Curtis, M.F. Davis, E. de Nictolis, A. du Plessis, A. Duval, L. Eslava, S.R. Foster, E. Fromageau, M.L.P. Groenleer, V. Hansen, G. Hill, C. Iaione, J. Klabbers, K. Knop, L.J. Kotzé, S. Lepsius, J. Lin, D. Litwin, J.L. Martí, J.E. Nijman, L. Nuzzo, B. Oomen, L.L. Reimers, M. Riegner, M. Rodas, A. Rodiles, M. Sossai, C. Swiney, Y. Takashiba, J.E. Viñuales, B. Vormann
Contents
Contents:

1 The emerging roles of cities in international law – introductory remarks
on practice, scholarship and the Handbook 1
Helmut Philipp Aust and Janne E. Nijman

PART I INTERNATIONAL LEGAL HISTORIES OF CITIES
2 Silk Road cities and their co-existing legal traditions 17
Valerie Hansen
3 Legitimizing interurban cooperation in the Middle Ages: the legal
system of the Hanse 29
Tobias Boestad
4 The legal system among Italian city republics 41
Susanne Lepsius
5 Cities and international law: an imperial perspective 52
Luigi Nuzzo
6 Invisibility of cities in classical international law 64
Mirko Sossai
7 Cities, post-coloniality and international law 77
Luis Eslava and George Hill
8 Global city networks and the nation-state: rethinking a false tradeoff 90
Boris Vormann

PART II CITIES AND FUNDAMENTAL CONCEPTS OF
INTERNATIONAL LAW
9 International legal personality/subjectivity of cities 103
Yishai Blank
10 Sources and law-making 121
Yukiko Takashiba
11 Responsibility 135
Katja Creutz
12 Dispute settlement 147
Moritz Baumgärtel
13 International organizations and cities 158
Jacob Katz Cogan
14 Sovereignty 173
Anouche Beaudouin

PART III PRACTICE AREAS: HOW CITIES ARE RESHAPING
INTERNATIONAL LAW
15 Climate change law and sustainable development 187
Anél du Plessis
16 The role of transnational city networks in environmental governance 201
Jolene Lin
17 The global insecure counterterrorism city 214
Alejandro Rodiles
18 Finding international law ‘close to home’: the case of human rights cities 227
Martha F. Davis
19 Cities, refugees and migration 240
Barbara Oomen
20 Development cooperation and the city 251
Michael Riegner
21 The role of cities in the global governance of health 265
Christian Iaione and Elena de Nictolis
22 The law of economic globalization and cities 279
Jorge E. Viñuales and Lucy Lu Reimers
23 From global city to Olympic city: the transnational legal journey of
London 2012 293
Antoine Duval
24 City diplomacy: experience from the ground 305
Mauricio Rodas

PART IV CROSS-CUTTING PERSPECTIVES ON CITIES AND
INTERNATIONAL LAW
25 An international relations perspective 321
Simon Curtis
26 Urbanizing political concepts for analyzing politics in the city 329
Nir Barak and Avner de Shalit
27 Cities as democratic representatives in international law-making 341
Samantha Besson and José Luis Martí
28 Cities, the Anthropocene and earth system law 354
Louis J. Kotzé
29 City networks and the glocalization of urban governance 368
Sheila R. Foster and Chrystie Swiney
30 The relationship between the state and the city from a comparative
(constitutional) perspective 381
Geneviève Cartier
31 How domestic legal systems respond to international local government
law: between accommodation, resistance and transformation 398
Carlo M. Colombo and Martijn L.P. Groenleer
32 Global administrative law and cities: the perfect couple that never was 411
Edouard Fromageau
33 Inter-legality, cities and the changing nature of authority 419
Jan Klabbers
34 International lawyers and the city 430
Daniel Litwin
35 The hidden city in international legal thought 443
Karen Knop
Appendix 457
Helmut Aust and Janne E. Nijman

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