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| Author | : John F. Murphy |
| Publisher | : Cambridge University Press |
| Total Pages | : 376 |
| Release | : 2004-09-16 |
| Genre | : Law |
| ISBN | : 9780521529686 |
Publisher Description
| Author | : Ian Brownlie |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 264 |
| Release | : 1998-08-26 |
| Genre | : Law |
| ISBN | : 9789041110688 |
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.
| Author | : Lucrecia García Iommi |
| Publisher | : University of Michigan Press |
| Total Pages | : 365 |
| Release | : 2022-07-26 |
| Genre | : Political Science |
| ISBN | : 0472220276 |
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.
| Author | : John F. Murphy |
| Publisher | : |
| Total Pages | : 378 |
| Release | : 2004 |
| Genre | : |
| ISBN | : |
| Author | : Rachel Kleinfeld |
| Publisher | : Brookings Institution Press |
| Total Pages | : 296 |
| Release | : 2012-11-28 |
| Genre | : Political Science |
| ISBN | : 0870032666 |
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
| Author | : Malcolm Jorgensen |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2020-01-02 |
| Genre | : Law |
| ISBN | : 1108481434 |
Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
| Author | : Travers McLeod |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 305 |
| Release | : 2015 |
| Genre | : History |
| ISBN | : 0198716397 |
War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. Rule of Law in War shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
| Author | : Paul B. Stephan |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 601 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0197533159 |
"These essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements to the immunity from domestic lawsuits of international organizations and foreign government officials. The last considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law"--
| Author | : John F. Murphy |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2004-09-16 |
| Genre | : Political Science |
| ISBN | : 9780521529686 |
The U.S. has often proclaimed its support for the rule of law in international affairs, but has found it increasingly difficult to adhere to it in practice. John Murphy demonstrates the wide-ranging difficulties obstructing U.S. adherence to the rule of law. He also examines the reasons for the declining U.S. support for the international institutions it was instrumental in creating, as well as U.S. unwillingness to support new popular initiatives in international law.
| Author | : Augusto Lopez-Claros |
| Publisher | : Cambridge University Press |
| Total Pages | : 561 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1108476961 |
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
