The United States And The Rule Of Law In International Affairs
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The Rule Of Law In International Affairs
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Author : Ian Brownlie
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998-08-26
The Rule Of Law In International Affairs written by Ian Brownlie and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-08-26 with Law categories.
This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.
The United States And The Rule Of Law In International Affairs
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Author :
language : en
Publisher:
Release Date : 2004
The United States And The Rule Of Law In International Affairs written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
The United States And The Rule Of Law In International Affairs
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Author : John F. Murphy
language : en
Publisher:
Release Date : 2004
The United States And The Rule Of Law In International Affairs written by John F. Murphy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
The United States And The Rule Of Law In International Affairs
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Author : John F. Murphy
language : en
Publisher: Cambridge University Press
Release Date : 2004-09-16
The United States And The Rule Of Law In International Affairs written by John F. Murphy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-16 with Law categories.
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The United States And International Law
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Author : Lucrecia García Iommi
language : en
Publisher: University of Michigan Press
Release Date : 2022-07-26
The United States And International Law written by Lucrecia García Iommi and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-26 with Political Science categories.
The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.
Rule Of Law Dynamics
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Author : Michael Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18
Rule Of Law Dynamics written by Michael Zurn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-18 with Law categories.
This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
The Evolving Dimensions Of International Law
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Author : John F. Murphy
language : en
Publisher: Cambridge University Press
Release Date : 2010-03-22
The Evolving Dimensions Of International Law written by John F. Murphy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-22 with Law categories.
This book examines recent developments in sources of public international law, such as treaties and custom operating among nations in their mutual relations, as well as developments in some of the primary rules of law international institutions created by these processes. It finds that public international law has become increasingly dysfunctional in dealing with some of the primary problems facing the world community, such as the maintenance of international peace and security, violations of international human rights and the law of armed conflict, arms control, disarmament and non-proliferation, and international environmental issues, and that international law and international institutions face a problematic future. It concludes, however, that all is not lost. There are possible alternative futures for international law and legal process, but choosing among them will require the world community making hard choices.
Restoring The Global Judiciary
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Author : Martin S. Flaherty
language : en
Publisher: Princeton University Press
Release Date : 2019-09-03
Restoring The Global Judiciary written by Martin S. Flaherty and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-03 with Political Science categories.
Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
American Foreign Policy Ideology And The International Rule Of Law
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Author : Malcolm Jorgensen
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
American Foreign Policy Ideology And The International Rule Of Law written by Malcolm Jorgensen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with Law categories.
Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
How To Do Things With International Law
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Author : Ian Hurd
language : en
Publisher: Princeton University Press
Release Date : 2019-08-27
How To Do Things With International Law written by Ian Hurd and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-27 with Law categories.
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.