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In the Shadow of International Law

In the Shadow of International Law
Author: Michael Poznansky
Publisher: Oxford University Press
Total Pages: 288
Release: 2020-04-28
Genre: Political Science
ISBN: 0190096616

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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.


In the Shadow of International Law

In the Shadow of International Law
Author: Michael Poznansky
Publisher: Oxford University Press, USA
Total Pages: 265
Release: 2020
Genre: Political Science
ISBN: 0190096594

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"This book investigates one of the most controversial forms of secret statecraft in international politics: the use of covert action to overthrow foreign regimes. The central question it asks is why leaders sometimes turn to the so-called quiet option when conducting regime change rather than using overt means. Whereas existing works prioritize the desire to control escalation or avoid domestic-political constraints to explain this variation, this book highlights the surprising role that international law plays in these decisions. When states cannot locate a legal exemption from the nonintervention principle- the prohibition on unwanted violations of another state's sovereignty, codified in the United Nations Charter and elsewhere-they are more likely to opt for covert action. Concealing brazen violations of nonintervention helps states evade hypocrisy costs and avoid damaging their credibility. These claims are tested against four regime change operations carried out by the United States in Latin America during the Cold War using declassified government documents, interviews with former government officials, and historical accounts. The theory and findings presented in this book expose the secret underpinnings of the liberal international order and speak to longstanding debates about the conduct of foreign-imposed regime change as well as the impact of international law on state behavior. This book also has important policy implications, including what might follow if America abandons its role as the steward of the postwar order as well as the promise and peril of promoting new rules and norms in cyberspace"--


International Status in the Shadow of Empire

International Status in the Shadow of Empire
Author: Cait Storr
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-09-17
Genre: Law
ISBN: 1108498507

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This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.


Politics and the Histories of International Law

Politics and the Histories of International Law
Author:
Publisher: BRILL
Total Pages: 513
Release: 2021-07-19
Genre: Law
ISBN: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.


Between Light and Shadow

Between Light and Shadow
Author: Mac Darrow
Publisher: Hart Publishing
Total Pages: 371
Release: 2003-03-20
Genre: Business & Economics
ISBN: 1841133906

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This book provides a rigorous application of international legal rules governing the proper interpretation of the institutions' mandates.


Sources of State Practice in International Law

Sources of State Practice in International Law
Author: Ralph Gaebler
Publisher: Martinus Nijhoff Publishers
Total Pages: 590
Release: 2014-06-05
Genre: Law
ISBN: 9004272224

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Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice


In the Shadow of Vitoria: A History of International Law in Spain (1770-1953)

In the Shadow of Vitoria: A History of International Law in Spain (1770-1953)
Author: Ignacio de la Rasilla del Moral
Publisher: BRILL
Total Pages: 369
Release: 2017-11-27
Genre: Law
ISBN: 9004343237

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In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War.


International Legal Argument in the Permanent Court of International Justice

International Legal Argument in the Permanent Court of International Justice
Author: Ole Spiermann
Publisher: Cambridge University Press
Total Pages: 539
Release: 2005-01-06
Genre: Law
ISBN: 1139442686

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The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.


Confronting the Shadow State

Confronting the Shadow State
Author: Henri Decœur
Publisher: Oxford University Press
Total Pages: 305
Release: 2018
Genre: Law
ISBN: 0198823932

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In this first comprehensive analysis of state organized crime from the perspective of international law, Decoeur discusses how international law can and should be used to tackle state organized crime and argues for the development of international legal mechanisms specifically designed to address this issue.


International Law as a Profession

International Law as a Profession
Author: Jean d'Aspremont
Publisher: Cambridge University Press
Total Pages: 471
Release: 2017-04-06
Genre: Law
ISBN: 1108138683

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International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.