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The Rule of Law in International Affairs

The Rule of Law in International Affairs
Author: Ian Brownlie
Publisher: Martinus Nijhoff Publishers
Total Pages: 264
Release: 1998-08-26
Genre: Law
ISBN: 9789041110688

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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 International Law

The United States and International Law
Author: Lucrecia García Iommi
Publisher: University of Michigan Press
Total Pages: 365
Release: 2022-07-26
Genre: Law
ISBN: 0472055410

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Why U.S. support for international law is so inconsistent


American Foreign Policy Ideology and the International Rule of Law

American Foreign Policy Ideology and the International Rule of Law
Author: Malcolm Jorgensen
Publisher: Cambridge University Press
Total Pages: 303
Release: 2020-01-02
Genre: Law
ISBN: 1108481434

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Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.


Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
Total Pages: 296
Release: 2012-11-28
Genre: Political Science
ISBN: 0870032666

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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.


The Restatement and Beyond

The Restatement and Beyond
Author: Paul B. Stephan
Publisher: Oxford University Press, USA
Total Pages: 601
Release: 2020
Genre: Law
ISBN: 0197533159

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"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"--


Rule of Law in War

Rule of Law in War
Author: Travers McLeod
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2015
Genre: History
ISBN: 0198716397

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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.


The United States and the Rule of Law in International Affairs

The United States and the Rule of Law in International Affairs
Author: John F. Murphy
Publisher: Cambridge University Press
Total Pages: 0
Release: 2004-09-16
Genre: Political Science
ISBN: 9780521529686

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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.


Diplomacy and the Making of World Politics

Diplomacy and the Making of World Politics
Author: Ole Jacob Sending
Publisher: Cambridge University Press
Total Pages: 383
Release: 2015-08-20
Genre: Political Science
ISBN: 1107099269

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This book shows how changing diplomatic practices are central in explaining key dimensions of world politics, from law to war.