The Fog of Law

Author: Michael J. Glennon
Publisher: Stanford Law & Politics
ISBN: STANFORD:36105215207593
Release Date: 2010
Genre: Law

"A most timely contribution that provokes important reflections, whatever one's perspective on the rule of law or the limits of international law. This book deserves to be read widely in the United States and, even more so, beyond its shores, to understand the politics of pragmatism."---Philippe Sands, University College London --

The Law of International Lawyers

Author: Wouter Werner
Publisher: Cambridge University Press
ISBN: 9781107193185
Release Date: 2017-03-30
Genre: History

This book provides original perspectives on the work of one of the most important thinkers in international law today.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 9780191653902
Release Date: 2015-01-15
Genre: Law

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The Cuban Embargo under International Law

Author: Nigel D. White
Publisher: Routledge
ISBN: 9781134451241
Release Date: 2014-10-24
Genre: Business & Economics

The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.

International Law and New Wars

Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 9781107171213
Release Date: 2017-04-27
Genre: History

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Collective Security

Author: Nicholas Tsagourias
Publisher: Cambridge University Press
ISBN: 9781107653702
Release Date: 2013-10-31
Genre: Law

This analysis of collective security covers its institutional, operational and legal parameters along with the United Nations system, presenting it as a global public order institution for maintaining peace. The authors study its constitutional premises as they are shaped by the forces of law and politics. After an historical account of initiatives and projects for global peace, the authors explain the morphology of collective security as a global public order institution and outline its triggers, institutions, actors, components and tools. They go on to analyse its legal properties and the processes of political, legal and criminal accountability. The analysis and assessment are informed throughout by practice drawn from examples including Korea, Iraq and Libya, and by a wealth of cases from national and international jurisdictions.

Yearbook of International Humanitarian Law 2013

Author: Terry D. Gill
Publisher: Springer
ISBN: 9789462650381
Release Date: 2014-11-15
Genre: Law

This volume contains several articles on the topic ‘Detention in non-international armed conflict’, including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report. It also contains an elaborate Year in Review and a special section on the high-level Boundaries of the Battlefield symposium, including a conference report and several in-depth reflections on various other aspects of the symposium. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

The Global Community Yearbook of International Law and Jurisprudence 2014

Author: Giuliana Ziccardi Capaldo
Publisher: Oxford University Press
ISBN: 9780190270513
Release Date: 2015
Genre: International law

The 2014 edition of 'The Global Community Yearbook' both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the intervention of the United States and coalition partners in territories under the control of the Islamic State of Iraq and the Levant (ISIL) to the weak area in the institutional and normative framework of the Revised Treaty of Chaguaramas.

Non Proliferation Law as a Special Regime

Author: Daniel H. Joyner
Publisher: Cambridge University Press
ISBN: 9781139560559
Release Date: 2012-09-20
Genre: Law

The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.

National Security and Double Government

Author: Michael J. Glennon
Publisher: Oxford University Press, USA
ISBN: 9780190206444
Release Date: 2014
Genre: Law

Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of 'double government' posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer. The public is encouraged to believe that the presidency, Congress, and the courts make security policy. That belief sustains these institutions' legitimacy. Yet their authority is largely illusory. National security policy is made, instead, by a 'Trumanite network' of several hundred members that is largely concealed from public view.

Foreign Affairs Federalism

Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 9780190499808
Release Date: 2016-04-15
Genre: Law

Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

International Society Global Polity

Author: Chris Brown
Publisher: SAGE
ISBN: 9781473911277
Release Date: 2014-11-03
Genre: Political Science

This book provides an overview of the current state of the art in International Political Theory (IPT). It offers a coherent account of the field of IPT, placing both traditional and modern work in a clear and logical framework. The text moves from conventional accounts of the society of states to non-state-centric understandings of global politics. The first part covers international law, war, human rights and humanitarianism. The second part looks at the new human rights regime, the responsibility to protect, the ethics of war and global justice. Each chapter includes annotated reading lists, highlighting directions you can take to further your reading. International Society, Global Polity is perfect for students taking courses on International Political Theory, International Theory, Global Ethics and Global Justice.

Advanced Introduction to International Conflict and Security Law

Author: Nigel D White
Publisher: Edward Elgar Publishing
ISBN: 9781781007426
Release Date: 2014-02-28
Genre: International law

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of the world�s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid sur

The Power of Deliberation

Author: Ian Johnstone
Publisher: Oxford University Press, USA
ISBN: 9780195394931
Release Date: 2011
Genre: Law

Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. This book challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system.