Plausible Legality

Author : Rebecca Sanders
Publisher : Oxford University Press
Page : 256 pages
File Size : 45,8 Mb
Release : 2018-08-01
Category : Political Science
ISBN : 9780190870560

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Plausible Legality by Rebecca Sanders Pdf

In many ways, the United States' post-9/11 engagement with legal rules is puzzling. Officials in both the Bush and Obama administrations authorized numerous contentious counterterrorism policies that sparked global outrage, yet they have repeatedly insisted that their actions were lawful and legitimate. In Plausible Legality, Rebecca Sanders examines how the US government interpreted, reinterpreted, and manipulated legal norms and what these justificatory practices imply about the capacity of law to constrain state violence. Through case studies on the use of torture, detention, targeted killing, and surveillance, Sanders provides a detailed analysis of how policymakers use law to achieve their political objectives and situates these patterns within a broader theoretical understanding of how law operates in contemporary politics. She argues that legal culture--defined as collectively shared understandings of legal legitimacy and appropriate forms of legal practice in particular contexts--plays a significant role in shaping state practice. In the global war on terror, a national security culture of legal rationalization encouraged authorities to seek legal cover-to construct the plausible legality of human rights violations-in order to ensure impunity for wrongdoing. Looking forward, law remains vulnerable to evasion and revision. As Sanders shows, despite the efforts of human rights advocates to encourage deeper compliance, the normalization of post-9/11 policy has created space for future administrations to further erode legal norms.

Author : SANDERS.
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 0190870583

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PLAUSIBLE LEGALITY. by SANDERS. Pdf

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 44,9 Mb
Release : 2022-07-26
Category : Political Science
ISBN : 9780472220274

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The United States and International Law by Lucrecia García Iommi,Richard W Maass Pdf

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 : Luca Trenta
Publisher : Edinburgh University Press
Page : 249 pages
File Size : 55,9 Mb
Release : 2024-05-31
Category : Political Science
ISBN : 9781399519526

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President's Kill List by Luca Trenta Pdf

From Fidel Castro to Qassem Soleimani, the US government has been involved in an array of assassinations and assassination attempts against foreign leaders and officials. The President's Kill List reveals how the US government has relied on a variety of methods, from the use of poison to the delivery of sniper rifles, and from employing hitmen to simply laying the groundwork for local actors to do the deed themselves. It shows not only how policymakers decided on assassination but also the level of Presidential control over these decisions. Tracing the history of the US government's approach to assassination, the book analyses the evolution of assassination policies and, for the first time, reveals how successive administrations - through private justifications and public legitimations - ensured assassination remained an available tool.

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 53,6 Mb
Release : 2021
Category : Law
ISBN : 9780197547410

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Author : Gabriella Blum,Philip B. Heymann
Publisher : MIT Press
Page : 254 pages
File Size : 42,9 Mb
Release : 2010-09-24
Category : Political Science
ISBN : 9780262289092

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Laws, Outlaws, and Terrorists by Gabriella Blum,Philip B. Heymann Pdf

Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.

Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 491 pages
File Size : 43,8 Mb
Release : 2022-01-27
Category : History
ISBN : 9781316518052

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The Long Arc of Legality by David Dyzenhaus Pdf

Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?

Author : Zoltan Buzas
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 42,8 Mb
Release : 2021-01-01
Category : Political Science
ISBN : 9780812252699

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Evading International Norms by Zoltan Buzas Pdf

How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Author : Philip Moremen
Publisher : Cambridge University Press
Page : 273 pages
File Size : 42,6 Mb
Release : 2024-06-30
Category : Law
ISBN : 9781108835152

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Perceptions of State by Philip Moremen Pdf

Explores when, why, and how the US and other countries comply with international law through interviews with senior US officials.

Author : Samuel Moyn
Publisher : Farrar, Straus and Giroux
Page : 242 pages
File Size : 49,5 Mb
Release : 2021-09-07
Category : Political Science
ISBN : 9780374719920

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Humane by Samuel Moyn Pdf

"[A] brilliant new book . . . Humane provides a powerful intellectual history of the American way of war. It is a bold departure from decades of historiography dominated by interventionist bromides." —Jackson Lears, The New York Review of Books A prominent historian exposes the dark side of making war more humane In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere. In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical—to ban torture and limit civilian casualties—have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed—and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences. The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war. Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.

Author : Michael Geist,Wesley Wark
Publisher : University of Ottawa Press
Page : 298 pages
File Size : 43,6 Mb
Release : 2015-05-28
Category : Computers
ISBN : 9780776621838

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Law, Privacy and Surveillance in Canada in the Post-Snowden Era by Michael Geist,Wesley Wark Pdf

Years of surveillance-related leaks from US whistleblower Edward Snowden have fuelled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

Author : Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra
Publisher : Springer Nature
Page : 365 pages
File Size : 47,9 Mb
Release : 2020-12-02
Category : Law
ISBN : 9789462654112

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Provisional Measures Issued by International Courts and Tribunals by Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra Pdf

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Author : David Rodin,Henry Shue
Publisher : OUP Oxford
Page : 272 pages
File Size : 46,7 Mb
Release : 2010-08-19
Category : Political Science
ISBN : 9780191615627

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Just and Unjust Warriors by David Rodin,Henry Shue Pdf

Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Author : Damien Rogers
Publisher : Springer Nature
Page : 120 pages
File Size : 43,6 Mb
Release : 2022-04-07
Category : Political Science
ISBN : 9783030901622

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Wars, Laws, Rights and the Making of Global Insecurities by Damien Rogers Pdf

This book offers a unique and timely political analysis of war, international law and human rights, and the important interconnections among them. It questions why war features as a foundational problem in ​contemporary world affairs and explores how international law is used to manage this and other types of political violence. Challenging conventional thinking that understands war as a problem to be solved and law as an antidote to organized but unruly violence, this book situates the promotion and protection of human rights within the wider context of the modernist project, particularly during the epoch of the Anthropocene. Taking a critical perspective that draws on concepts found in the work of Michel Foucault, Pierre Bourdieu and Bruno Latour, this book casts new light on the ways in which the politics of war, law and rights produces profound insecurities for the human species as well as for other life forms and life systems on this planet.

Author : Diego Muro,Tim Wilson
Publisher : Oxford University Press
Page : 646 pages
File Size : 41,8 Mb
Release : 2022
Category : Terrorism
ISBN : 9780198829560

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Contemporary Terrorism Studies by Diego Muro,Tim Wilson Pdf

'Contemporary Terrorism Studies' is a comprehensive and accessible introduction to terrorism studies, examining key issues and debates, and featuring dedicated sections on terrorism and counter-terrorism. - When do individuals radicalise? - Can terrorism be rational? - How can we define terrorism? - What is the role of women in terrorism? - Can states be terrorist? World leading experts answer these questions in Contemporary Terrorism Studies, the first textbook to provide a multi-disciplinary, methodologically plural, and richly diverse introduction to terrorism studies. Contemporary Terrorism Studies covers the main approaches in terrorism studies, and is structured into three comprehensive sections. The first on 'The State of Terrorism Studies' maps the development and historical context of the discipline, and looks to the future of terrorism studies. Part two on 'Issues and Debates in Terrorism Studies' examines key contentious questions and debates such as the role of women, technology, and the media in terrorism. The final part, part three on 'Countering Terrorism' focuses specifically on counterterrorism: it's instruments, foreign policy, legal frameworks, and organisations. Overall, text will engage students, and establish a confident understanding of the subject. The textbook has been developed with pedagogical features to help enhance student learning. Each chapter contains case studies to highlight real world examples of political violence, questions for reflection to encourage critical thinking, and suggestions for further reading which provide useful sources for further reading, essays, and exam preparation. Furthermore, a consistent, accessible tone, and jargon-free writing style makes Contemporary Terrorism Studies the clearest guide to understanding terrorism. Digital formats and resources Contemporary Terrorism Studies is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with hyperlinks to question pointers, and a library of web links, helping you to broaden your knowledge and understanding terrorism studies: www.oxfordtextbooks.co.uk/ebooks - Student resources: additional case studies, guidance on accessing databases, pointers for tackling the questions for reflection, and suggested web links organised by chapter are available online. - Lecturer resources: customisable PowerPoint slides to adapt and use in teaching