The Perils Of Global Legalism

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The Perils of Global Legalism

Eric A. Posner
The Perils of Global Legalism Book PDF

Author : Eric A. Posner
Publisher : University of Chicago Press
Page : 286 pages
File Size : 52,6 Mb
Release : 2009-10-15
Category : Political Science
ISBN : 9780226675923

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The Perils of Global Legalism by Eric A. Posner Pdf

The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

The Limits of International Law

Jack L. Goldsmith,Eric A. Posner
The Limits of International Law Book PDF

Author : Jack L. Goldsmith,Eric A. Posner
Publisher : Oxford University Press
Page : 272 pages
File Size : 43,8 Mb
Release : 2005-02-03
Category : Law
ISBN : 9780199883370

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The Limits of International Law by Jack L. Goldsmith,Eric A. Posner Pdf

International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

The Executive Unbound

Eric A. Posner,Adrian Vermeule
The Executive Unbound Book PDF

Author : Eric A. Posner,Adrian Vermeule
Publisher : Oxford University Press
Page : 256 pages
File Size : 43,7 Mb
Release : 2011-03-16
Category : Law
ISBN : 0199831750

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The Executive Unbound by Eric A. Posner,Adrian Vermeule Pdf

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.

Crime and Global Justice

Daniele Archibugi,Alice Pease
Crime and Global Justice Book PDF

Author : Daniele Archibugi,Alice Pease
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 43,8 Mb
Release : 2018-03-16
Category : Law
ISBN : 9781509512652

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Crime and Global Justice by Daniele Archibugi,Alice Pease Pdf

Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

Progress in International Law

Russell A. Miller,Rebecca M. Bratspies
Progress in International Law Book PDF

Author : Russell A. Miller,Rebecca M. Bratspies
Publisher : BRILL
Page : 945 pages
File Size : 46,5 Mb
Release : 2008
Category : Law
ISBN : 9789004165717

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Progress in International Law by Russell A. Miller,Rebecca M. Bratspies Pdf

"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Can Human Rights Survive?

Conor Gearty
Can Human Rights Survive Book PDF

Author : Conor Gearty
Publisher : Cambridge University Press
Page : 16 pages
File Size : 46,5 Mb
Release : 2006-05-18
Category : Law
ISBN : 9780521866446

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Can Human Rights Survive? by Conor Gearty Pdf

In this 2006 book, Conor Gearty confronts the challenges that may destroy the language of human rights for future generations.

Mobilizing for Human Rights

Beth A. Simmons
Mobilizing for Human Rights Book PDF

Author : Beth A. Simmons
Publisher : Cambridge University Press
Page : 473 pages
File Size : 49,6 Mb
Release : 2009-10-29
Category : Law
ISBN : 9780521885102

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Mobilizing for Human Rights by Beth A. Simmons Pdf

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

Legalism

Georgy Kantor,Thomas Benedict Lambert,Hannah Skoda
Legalism Book PDF

Author : Georgy Kantor,Thomas Benedict Lambert,Hannah Skoda
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,9 Mb
Release : 2017
Category : Law
ISBN : 9780198813415

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Legalism by Georgy Kantor,Thomas Benedict Lambert,Hannah Skoda Pdf

"The book is in many ways the product of wonderfully stimulating weekly discussions and papers at the Oxford Legalism seminar, now in its ninth year ... In January 2016, a workshop on the specific theme of 'property and ownership' was organized"--Page v.

Last Resort

Eric A. Posner
Last Resort Book PDF

Author : Eric A. Posner
Publisher : University of Chicago Press
Page : 226 pages
File Size : 55,8 Mb
Release : 2018-04-02
Category : Law
ISBN : 9780226420233

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Last Resort by Eric A. Posner Pdf

The bailouts during the recent financial crisis enraged the public. They felt unfair—and counterproductive: people who take risks must be allowed to fail. If we reward firms that make irresponsible investments, costing taxpayers billions of dollars, aren’t we encouraging them to continue to act irresponsibly, setting the stage for future crises? And beyond the ethics of it was the question of whether the government even had the authority to bail out failing firms like Bear Stearns and AIG. The answer, according to Eric A. Posner, is no. The federal government freely and frequently violated the law with the bailouts—but it did so in the public interest. An understandable lack of sympathy toward Wall Street has obscured the fact that bailouts have happened throughout economic history and are unavoidable in any modern, market-based economy. And they’re actually good. Contrary to popular belief, the financial system cannot operate properly unless the government stands ready to bail out banks and other firms. During the recent crisis, Posner agues, the law didn’t give federal agencies sufficient power to rescue the financial system. The legal constraints were damaging, but harm was limited because the agencies—with a few exceptions—violated or improvised elaborate evasions of the law. Yet the agencies also abused their power. If illegal actions were what it took to advance the public interest, Posner argues, we ought to change the law, but we need to do so in a way that also prevents agencies from misusing their authority. In the aftermath of the crisis, confusion about what agencies did do, should have done, and were allowed to do, has prevented a clear and realistic assessment and may hamper our response to future crises. Taking up the common objections raised by both right and left, Posner argues that future bailouts will occur. Acknowledging that inevitability, we can and must look ahead and carefully assess our policy options before we need them.

The Twilight of Human Rights Law

Eric Posner
The Twilight of Human Rights Law Book PDF

Author : Eric Posner
Publisher : Oxford University Press
Page : 224 pages
File Size : 49,7 Mb
Release : 2014-10-01
Category : Political Science
ISBN : 9780199313457

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The Twilight of Human Rights Law by Eric Posner Pdf

Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

Terror in the Balance

Eric A. Posner,Adrian Vermeule
Terror in the Balance Book PDF

Author : Eric A. Posner,Adrian Vermeule
Publisher : Oxford University Press on Demand
Page : 328 pages
File Size : 42,8 Mb
Release : 2007-01-04
Category : Law
ISBN : 9780195310252

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Terror in the Balance by Eric A. Posner,Adrian Vermeule Pdf

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Political Trials in Theory and History

Jens Meierhenrich,Devin Owen Pendas
Political Trials in Theory and History Book PDF

Author : Jens Meierhenrich,Devin Owen Pendas
Publisher : Cambridge University Press
Page : 451 pages
File Size : 49,6 Mb
Release : 2016
Category : Law
ISBN : 9781107079465

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Political Trials in Theory and History by Jens Meierhenrich,Devin Owen Pendas Pdf

This book presents an empirically rigorous and theoretically sophisticated account of political trials.

International Conflict Resolution

Stefan Voigt,Max Albert,Dieter Schmidtchen
International Conflict Resolution Book PDF

Author : Stefan Voigt,Max Albert,Dieter Schmidtchen
Publisher : Mohr Siebeck
Page : 396 pages
File Size : 53,7 Mb
Release : 2006
Category : Business & Economics
ISBN : 316148715X

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International Conflict Resolution by Stefan Voigt,Max Albert,Dieter Schmidtchen Pdf

Increased international interdependence - globalization - has also greatly increased the potential for international conflict in various areas such as trade, competition, the environment, and human rights. Observers have counted up to 40 international courts that serve to settle such conflicts. What are adequate criteria to measure the effectiveness of international courts? What factors explain the differences in their success? What factors explain the differences of nation-state governments in delegating competence to international courts in the first place? Should there be any additional courts? This volume assembles ten papers and comments that contain first steps in answering these questions. Their authors are legal scholars and economists, but also political scientists and philosophers. With this volume the Jahrbuch fur Neue Politische Okonomie has changed its title to Conferences on New Political Economy.

The Global South and Comparative Constitutional Law

Philipp Dann,Michael Riegner,Maxim Bönnemann
The Global South and Comparative Constitutional Law Book PDF

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 321 pages
File Size : 55,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192590756

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The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

The Power of the Powerless: Citizens Against the State in Central Eastern Europe

Vaclav Havel,John Keane
The Power of the Powerless Citizens Against the State in Central Eastern Europe Book PDF

Author : Vaclav Havel,John Keane
Publisher : Routledge
Page : 228 pages
File Size : 52,8 Mb
Release : 2016-09-16
Category : Political Science
ISBN : 9781315487359

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The Power of the Powerless: Citizens Against the State in Central Eastern Europe by Vaclav Havel,John Keane Pdf

Designed as an introduction to emergency management, this book includes pieces on: social, political, and fiscal aspects of risk management; land-use planning and building code enforcement regulations; insurance issues; emergency management systems; and managing natural and manmade disasters.