International Law, US Power

International Law, US Power
Author :
Publisher : Cambridge University Press
Total Pages : 293
Release :
ISBN-10 : 9781107016729
ISBN-13 : 110701672X
Rating : 4/5 (29 Downloads)

Synopsis International Law, US Power by : Shirley V. Scott

Shirley Scott explains how the USA has benefited from continuity in its strategic engagement with international law.

The Power and Purpose of International Law

The Power and Purpose of International Law
Author :
Publisher : Oxford University Press
Total Pages : 406
Release :
ISBN-10 : 9780199831029
ISBN-13 : 0199831025
Rating : 4/5 (29 Downloads)

Synopsis The Power and Purpose of International Law by : Mary Ellen O'Connell

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

International Law in the US Legal System

International Law in the US Legal System
Author :
Publisher : Oxford University Press
Total Pages : 409
Release :
ISBN-10 : 9780197525630
ISBN-13 : 0197525636
Rating : 4/5 (30 Downloads)

Synopsis International Law in the US Legal System by : Curtis A. Bradley

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

The International Legal Order

The International Legal Order
Author :
Publisher : Dartmouth Publishing Company
Total Pages : 622
Release :
ISBN-10 : STANFORD:36105060946204
ISBN-13 :
Rating : 4/5 (04 Downloads)

Synopsis The International Legal Order by : Ingrid Detter Delupis

This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

How to Do Things with International Law

How to Do Things with International Law
Author :
Publisher : Princeton University Press
Total Pages : 200
Release :
ISBN-10 : 9780691196503
ISBN-13 : 0691196508
Rating : 4/5 (03 Downloads)

Synopsis How to Do Things with International Law by : Ian Hurd

A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

Separating Powers: International Law before National Courts

Separating Powers: International Law before National Courts
Author :
Publisher : Springer Science & Business Media
Total Pages : 335
Release :
ISBN-10 : 9789067048583
ISBN-13 : 9067048585
Rating : 4/5 (83 Downloads)

Synopsis Separating Powers: International Law before National Courts by : David Haljan

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

International Law and Power

International Law and Power
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 625
Release :
ISBN-10 : 9789004175877
ISBN-13 : 9004175873
Rating : 4/5 (77 Downloads)

Synopsis International Law and Power by : Kaiyan Homi Kaikobad

Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.

Taming Globalization

Taming Globalization
Author :
Publisher : Oxford University Press, USA
Total Pages : 281
Release :
ISBN-10 : 9780199837427
ISBN-13 : 0199837422
Rating : 4/5 (27 Downloads)

Synopsis Taming Globalization by : Julian Ku

As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.

United States Hegemony and the Foundations of International Law

United States Hegemony and the Foundations of International Law
Author :
Publisher : Cambridge University Press
Total Pages : 0
Release :
ISBN-10 : 0521050863
ISBN-13 : 9780521050869
Rating : 4/5 (63 Downloads)

Synopsis United States Hegemony and the Foundations of International Law by : Michael Byers

Twelve leading scholars of international law and international relations consider whether the current strength of the United States is leading to change in the international legal system. This book demonstrates that the effects of U.S. domination of the foundations of international law are real, but also intensely complex. The volume stimulates debate about the role of the United States in international law and interests scholars of international law and international relations, government officials and international organizations.

In the Shadow of International Law

In the Shadow of International Law
Author :
Publisher : Oxford University Press
Total Pages : 288
Release :
ISBN-10 : 9780190096618
ISBN-13 : 0190096616
Rating : 4/5 (18 Downloads)

Synopsis In the Shadow of International Law by : Michael Poznansky

Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies. In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory of covert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle-which proscribes unwanted violations of another state's sovereignty-was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claim or authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law. Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.