Author: Michael J. Glennon
Publisher: Stanford Law & Politics
Release Date: 2010
"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 --
Author: Nigel D. White
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.
Author: Marc Weller
Publisher: OUP Oxford
Release Date: 2015-01-15
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.
Author: Nicholas Tsagourias
Publisher: Cambridge University Press
Release Date: 2013-10-31
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.
Author: Giuliana Ziccardi Capaldo
Publisher: Oxford University Press
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.
Author: Michael J. Glennon
Publisher: Oxford University Press, USA
Release Date: 2014
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.
Author: John M. Owen IV
Publisher: Princeton University Press
Release Date: 2010-07-19
Genre: Political Science
Some blame the violence and unrest in the Muslim world on Islam itself, arguing that the religion and its history is inherently bloody. Others blame the United States, arguing that American attempts to spread democracy by force have destabilized the region, and that these efforts are somehow radical or unique. Challenging these views, The Clash of Ideas in World Politics reveals how the Muslim world is in the throes of an ideological struggle that extends far beyond the Middle East, and how struggles like it have been a recurring feature of international relations since the dawn of the modern European state. John Owen examines more than two hundred cases of forcible regime promotion over the past five centuries, offering the first systematic study of this common state practice. He looks at conflicts between Catholicism and Protestantism between 1520 and the 1680s; republicanism and monarchy between 1770 and 1850; and communism, fascism, and liberal democracy from 1917 until the late 1980s. He shows how regime promotion can follow regime unrest in the eventual target state or a war involving a great power, and how this can provoke elites across states to polarize according to ideology. Owen traces how conflicts arise and ultimately fade as one ideology wins favor with more elites in more countries, and he demonstrates how the struggle between secularism and Islamism in Muslim countries today reflects broader transnational trends in world history.
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.
Author: Oona A. Hathaway
Publisher: Simon and Schuster
Release Date: 2017-09-12
A bold and provocative history of the men who fought to outlaw war and how an often overlooked treaty signed in 1928 was among the most transformative events in modern history. On a hot summer afternoon in 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. The Internationalists tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present, tracing this rich history through a fascinating and diverse array of lawyers, politicians and intellectuals—Hugo Grotius, Nishi Amane, Salmon Levinson, James Shotwell, Sumner Welles, Carl Schmitt, Hersch Lauterpacht, and Sayyid Qutb. It tells of a centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists examines with renewed appreciation an international system that has outlawed wars of aggression and brought unprecedented stability to the world map. Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible.
Author: Graeme P. Herd
Release Date: 2010-02-25
This book addresses the issue of grand strategic stability in the 21st century, and examines the role of the key centres of global power - US, EU, Russia, China and India - in managing contemporary strategic threats. This edited volume examines the cooperative and conflictual capacity of Great Powers to manage increasingly interconnected strategic threats (not least, terrorism and political extremism, WMD proliferation, fragile states, regional crises and conflict and the energy-climate nexus) in the 21st century. The contributors question whether global order will increasingly be characterised by a predictable interdependent one-world system, as strategic threats create interest-based incentives and functional benefits. The work moves on to argue that the operational concept of world order is a Concert of Great Powers directing a new institutional order, norms and regimes whose combination is strategic-threat specific, regionally sensitive, loosely organised, and inclusive of major states (not least Brazil, Turkey, South Africa and Indonesia). Leadership can be singular, collective or coalition-based and this will characterise the nature of strategic stability and world order in the 21st century. This book will be of much interest to students of international security, grand strategy, foreign policy and IR. Graeme P. Herd is Co-Director of the International Training Course in Security Policy at the Geneva Centre for Security Policy (GCSP). He is co-author of several books and co-editor of The Ideological War on Terror: World Wide Strategies for Counter Terrorism (2007), Soft Security Threats and European Security (2005), Security Dynamics of the former Soviet Bloc (2003) and Russia and the Regions: Strength through Weakness (2003).
Author: Michael J. Glennon
Publisher: Cq Press
Release Date: 1992
Genre: Political Science
Examining the electoral college system and the dangers inherent within it, Glennon proposes reforms to the procedure for selecting members of the electoral college and to the procedure within the House of Representatives which selects a president if the electoral college is logjammed.
Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
Release Date: 2009-07-27
"Ruling the World is the first volume to explore in a crosscutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the fundamental assumptions and critical challenges in contemporary debates over international constitutionalization."--BOOK JACKET.
Author: David Kennedy
Publisher: Princeton University Press
Release Date: 2009-01-10
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.