The Second World War saw the rise not only of new technologies, new freedoms, new terrors, and a new world order, but of new legal issues. This book takes a global perspective in looking at the legal situations in seven major countries affected by the war. Fifty legal issues are identified from the war, ranging from subverting the judiciary and creating a divine military to economic and social issues to genocide and nuclear weapons. And more than 300 lawyers and judges, from more than 20 countries around the wor ...

Lawyers Without Rights: The Fate of Jewish Lawyers in Berlin after 1933 is about the rule of law and how one government - the Third Reich in Germany - systematically undermined fair and just law through humiliation, degradation and legislation leading to expulsion of Jewish lawyers and jurists from the legal profession.

How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.

In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.

In the second half of the 1990s, Stuart Eizenstat was perhaps the most controversial U.S. foreign policy official in Europe. His mission had nothing to do with Russia, the Middle East, Yugoslavia, or any of the other hotspots of the day. Rather, Eizenstat's mission was to provide justice—albeit belated and imperfect justice—for the victims of World War II. Imperfect Justice is Eizenstat's account of how the Holocaust became a political and diplomatic battleground fifty years after the war's end, as the issues of dormant bank accounts, slave labor, confiscated property, looted art, and unpaid insurance policies convulsed Europe and America. He recounts the often heated negotiations with the Swiss, the Germans, the French, the Austrians, and various Jewish organizations, showing how these moral issues, shunted aside for so long, exposed wounds that had never healed and conflicts that had never been properly resolved. Though we will all continue to reckon with the crimes of World War II for a long time to come, Eizenstat's account shows that it is still possible to take positive steps in the service of justice.

The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Story of Robert H. Jackson, a lawyer and judge, who became the chief U.S. prosecutor at the Nuremberg Trail, yet he never attended college or earned a law degree.

Describes the 1944 lynching murder of an Italian POW at Seattle's Fort Lawton, the international outcry that followed, and the court-martial, the largest of World War II, that accused more than forty African-American soldiers of the crime.