The Hidden History Of International Law In The Americas
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The Hidden History of International Law in the Americas by Juan Pablo Scarfi Pdf
Toward a Pan-American legal order : the rise of the US hemispheric hegemony and Elihu Root's visit to South America -- Forging and consolidating a hemispheric legal network : the creation of the American Institute of International Law and the encounter between James Brown Scott and Alejandro Alvarez -- The Pan-American redefinition of the Monroe Doctrine and the emerging language of American international law -- International organization and hegemony : the codification of American international law and tensions between James Brown Scott and Alejandro Alvarez -- The debate over intervention at Havana and the crisis of the American Institute of International law : James Brown Scott's displacement of Alejandro Alvarez -- From Pan-Americanism to multilateral inter-Americanism : the impact of the Anti-War Treaty, the principle of nonintervention, and sovereign equality at Montevideo, and the dissolution of the American Institute of International Law
Author : Dr. Juan Pablo Scarfi Publisher : Oxford University Press Page : 216 pages File Size : 48,8 Mb Release : 2017-03-15 Category : Law ISBN : 9780190622350
The Hidden History of International Law in the Americas by Dr. Juan Pablo Scarfi Pdf
International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
Politics and the Histories of International Law by Anonim Pdf
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.
The Hidden History of the Supreme Court and the Betrayal of America by Thom Hartmann Pdf
Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, explains how the Supreme Court has spilled beyond its Constitutional powers and how we the people should take that power back. Taking his typically in-depth, historically informed view, Thom Hartmann asks, What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison. Hartmann argues it is not the role of the Supreme Court to decide what the law is but rather the duty of the people themselves. He lays out the history of the Supreme Court of the United States, since Alexander Hamilton's defense to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers. The ultimate remedy to the Supreme Court's abuse of power is with the people--the ultimate arbiter of the law--using the ballot box. America does not belong to the kings and queens; it belongs to the people.
Hidden Histories of Gender and the State in Latin America by Elizabeth Dore,Maxine Molyneux Pdf
This collection examines the mutually influential interactions of gender and the state in Latin America from the late colonial period to the end of the twentieth century. Locating watershed moments in the processes of gender construction by the organized power of the ruling classes and in the processes by which gender has conditioned state-making, Hidden Histories of Gender and the State in Latin America remedies the lack of such considerations in previous studies of state formation. Along these lines, the book begins with two theoretical chapters by the editors, Elizabeth Dore and Maxine Molyneux. Dore opens by arguing against the prevailing view that the nineteenth century was marked by a gradual emancipation of women, while Molyneux considers how various Latin American state forms—liberal, corporatist, socialist, neoliberal—have more recently sought to incorporate women into their projects of social reform and modernization. These essays are followed by twelve case studies that examine how states have contributed to the normalization of male and female roles and relations. Covering an impressive breadth not only of historical time but also of geographical scope, this volume moves from Brazil to Costa Rica, from Mexico to Chile, traversing many countries in between. Contributors explore such topics as civic ritual in Bolivia, rape in war-torn Colombia, and the legal construction of patriarchy in Argentina. They examine the public regulation of domestic life, feminist lobby groups, class compromise, female slaves, and women in rural households—distinct, salient aspects of the state-gender relationship in specific countries at specific historical junctures. By providing a richly descriptive and theoretically grounded account of the interaction between state and gender politics in Latin America, this volume contributes to an important conversation between feminists interested in the state and political scientists interested in gender. It will be valuable to such disciplines as history, sociology, international comparative studies, and Latin American studies. Contributors. María Eugenia Chaves, Elizabeth Dore, Rebecca Earle, Jo Fisher, Laura Gotkowitz, Donna J. Guy, Fiona Macaulay, Maxine Molyneux, Eugenia Rodriguez, Karin Alejandra Rosemblatt, Ann Varley, Mary Kay Vaughan
Author : Christopher R. W. Dietrich Publisher : John Wiley & Sons Page : 1518 pages File Size : 49,8 Mb Release : 2020-03-04 Category : History ISBN : 9781119459699
A Companion to U.S. Foreign Relations by Christopher R. W. Dietrich Pdf
Covers the entire range of the history of U.S. foreign relations from the colonial period to the beginning of the 21st century. A Companion to U.S. Foreign Relations is an authoritative guide to past and present scholarship on the history of American diplomacy and foreign relations from its seventeenth century origins to the modern day. This two-volume reference work presents a collection of historiographical essays by prominent scholars. The essays explore three centuries of America’s global interactions and the ways U.S. foreign policies have been analyzed and interpreted over time. Scholars offer fresh perspectives on the history of U.S. foreign relations; analyze the causes, influences, and consequences of major foreign policy decisions; and address contemporary debates surrounding the practice of American power. The Companion covers a wide variety of methodologies, integrating political, military, economic, social and cultural history to explore the ideas and events that shaped U.S. diplomacy and foreign relations and continue to influence national identity. The essays discuss topics such as the links between U.S. foreign relations and the study of ideology, race, gender, and religion; Native American history, expansion, and imperialism; industrialization and modernization; domestic and international politics; and the United States’ role in decolonization, globalization, and the Cold War. A comprehensive approach to understanding the history, influences, and drivers of U.S. foreign relation, this indispensable resource: Examines significant foreign policy events and their subsequent interpretations Places key figures and policies in their historical, national, and international contexts Provides background on recent and current debates in U.S. foreign policy Explores the historiography and primary sources for each topic Covers the development of diverse themes and methodologies in histories of U.S. foreign policy Offering scholars, teachers, and students unmatched chronological breadth and analytical depth, A Companion to U.S. Foreign Relations: Colonial Era to the Present is an important contribution to scholarship on the history of America’s interactions with the world.
International Law and its Others by Anne Orford Pdf
Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
American Law in the Twentieth Century by Lawrence Meir Friedman Pdf
American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
The Oxford Handbook of Peace History by Charles Howlett,Christian Philip Peterson,Deborah D. Buffton,David L. Hostetter Pdf
"The Oxford Handbook of Peace History uniquely explores the distinctive dynamics of peacemaking across time and place, and analyzing how past and present societies have created diverse cultures of peace and applied strategies for peaceful change. The analysis draws upon the expertise of many well-respected and distinguished scholars from disciplines such as anthropology, economics, history, international relations, journalism, peace studies, sociology, and theology. This work is divided into six parts. The first three sections address the chronological sweep of peace history from the Ancient Egyptians to the present while the last three cover biographical profiles of peace advocates, key issues in peace history, and the future of peace history. A central theme throughout is that the quest for peace is far more than the absence of war or the pursuit of social justice ideals. Students and scholars, alike, will appreciate that this work examines the field of peace history from an international perspective and expands analysis beyond traditional Eurocentric frameworks. This volume also goes far beyond previously published handbooks and anthologies in answering what are the strengths and limits of peace history as a discipline, and what can it offer for the future. It also has the unique features of a state-of-the-field introduction with a detailed treatment of peace history historiography and a chapter written by a noted archivist in the field that provides a comprehensive list of peace research resources. It is a work ably suited applicable for classrooms and scholarly bookshelves"--
Named one of the ten best books of the year by the Chicago Tribune A Publishers Weekly best book of 2019 | A 2019 NPR Staff Pick A pathbreaking history of the United States’ overseas possessions and the true meaning of its empire We are familiar with maps that outline all fifty states. And we are also familiar with the idea that the United States is an “empire,” exercising power around the world. But what about the actual territories—the islands, atolls, and archipelagos—this country has governed and inhabited? In How to Hide an Empire, Daniel Immerwahr tells the fascinating story of the United States outside the United States. In crackling, fast-paced prose, he reveals forgotten episodes that cast American history in a new light. We travel to the Guano Islands, where prospectors collected one of the nineteenth century’s most valuable commodities, and the Philippines, site of the most destructive event on U.S. soil. In Puerto Rico, Immerwahr shows how U.S. doctors conducted grisly experiments they would never have conducted on the mainland and charts the emergence of independence fighters who would shoot up the U.S. Congress. In the years after World War II, Immerwahr notes, the United States moved away from colonialism. Instead, it put innovations in electronics, transportation, and culture to use, devising a new sort of influence that did not require the control of colonies. Rich with absorbing vignettes, full of surprises, and driven by an original conception of what empire and globalization mean today, How to Hide an Empire is a major and compulsively readable work of history.
Author : Oona A. Hathaway,Scott J. Shapiro Publisher : Simon and Schuster Page : 608 pages File Size : 52,9 Mb Release : 2017-09-12 Category : History ISBN : 9781501109881
The Internationalists by Oona A. Hathaway,Scott J. Shapiro Pdf
“An original book…about individuals who used ideas to change the world” (The New Yorker)—the fascinating exploration into the creation and history of the Paris Peace Pact, an often overlooked but transformative treaty that laid the foundation for the international system we live under today. In 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal. But within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that the Peace Pact ushered in a sustained march toward peace that lasts to this day. A “thought-provoking and comprehensively researched book” (The Wall Street Journal), The Internationalists tells the story of the Peace Pact through a fascinating and diverse array of lawyers, politicians, and intellectuals. It reveals the centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists is “indispensable” (The Washington Post). Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible. “A fascinating and challenging book, which raises gravely important issues for the present…Given the state of the world, The Internationalists has come along at the right moment” (The Financial Times).
Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. In this book, Umut Özsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavor whose legal dimensions remain under-scrutinized. Drawing upon historical sociology and economic history in addition to positive international law, the book interrogates received assumptions about international law's history by exploring the 'semi-peripheral' context within which legally formalized population transfers came to arise. Supported by the League of Nations, the 1922-34 population exchange reconfigured the demographic composition of Greece and Turkey with the aim of stabilizing a region that was regarded neither as European nor as non-European. The scope and ambition of the undertaking was staggering: over one million were expelled from Turkey, and over a quarter of a million were expelled from Greece. The book begins by assessing minority protection's development into an instrument of intra-European governance during the course of the nineteenth and early twentieth centuries. It then shows how population transfer emerged in the 1910s and 1920s as a radical alternative to minority protection in Anatolia and the Balkans, focusing in particular on the 1922-3 Conference of Lausanne, at which a peace settlement formalizing the compulsory Greek-Turkish exchange was concluded. Finally, it analyses the Permanent Court of International Justice's 1925 advisory opinion in Exchange of Greek and Turkish Populations, contextualizing it in the wide-ranging debates concerning humanitarianism and internationalism that pervaded much of the exchange process.
Governing Security by Mariano-Florentino Cuéllar Pdf
Governing Security investigates the surprising history of two major federal agencies that touch the lives of Americans every day: the Roosevelt-era Federal Security Agency––which eventually became today's Department of Health and Human Services––and the more recently created Department of Homeland Security. By describing the legal, political, and institutional history of both organizations, Mariano-Florentino Cuéllar offers a compelling account of crucial developments affecting the basic architecture of our nation. He shows how Americans end up choosing security goals not through an elaborate technical process, but in lively and overlapping settings involving conflict over statutory programs, agency autonomy, presidential power, and priorities for domestic and international risk regulation. Ultimately, as Cuéllar shows, ongoing fights about the scope of national security reshape the very structure of government and the intricate process through which statutes and regulations are implemented, particularly during––or in anticipation of––a national crisis.