The United States And The Rule Of Law In International Affairs

Author : Ian Brownlie
Publisher : Martinus Nijhoff Publishers
Page : 264 pages
File Size : 47,8 Mb
Release : 1998-08-26
Category : Law
ISBN : 9041110682

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The Rule of Law in International Affairs by Ian Brownlie Pdf

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 : John F. Murphy
Publisher : Cambridge University Press
Page : 376 pages
File Size : 43,8 Mb
Release : 2004-09-16
Category : Law
ISBN : 0521529689

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The United States and the Rule of Law in International Affairs by John F. Murphy Pdf

Publisher Description

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2004
Category : Electronic
ISBN : OCLC:488492204

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The United States and the Rule of Law in International Affairs by Anonim Pdf

Author : John Francis Murphy
Publisher : Unknown
Page : 379 pages
File Size : 42,5 Mb
Release : 2014-05-14
Category : LAW
ISBN : 0511231083

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The United States and the Rule of Law in International Affairs by John Francis Murphy Pdf

John Murphy analyses why the US finds it increasingly difficult to adhere to the rule of law in international affairs.

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 46,5 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 : Malcolm Jorgensen
Publisher : Cambridge University Press
Page : 303 pages
File Size : 43,5 Mb
Release : 2020-01-02
Category : Law
ISBN : 9781108481434

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American Foreign Policy Ideology and the International Rule of Law by Malcolm Jorgensen Pdf

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
Page : 305 pages
File Size : 40,7 Mb
Release : 2015
Category : Law
ISBN : 9780198716396

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Rule of Law in War by Travers McLeod Pdf

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 : Rachel Kleinfeld
Publisher : Brookings Institution Press
Page : 296 pages
File Size : 48,5 Mb
Release : 2012-11-28
Category : Political Science
ISBN : 9780870032660

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Advancing the Rule of Law Abroad by Rachel Kleinfeld Pdf

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 : Ian Hurd
Publisher : Princeton University Press
Page : 200 pages
File Size : 50,9 Mb
Release : 2019-08-27
Category : Law
ISBN : 9780691196503

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How to Do Things with International Law by Ian Hurd Pdf

A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

Author : Michael Zurn,Andre Nollkaemper,Randall P. Peerenboom
Publisher : Cambridge University Press
Page : 401 pages
File Size : 47,7 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781107024717

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Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randall P. Peerenboom Pdf

This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Author : Martin S. Flaherty
Publisher : Princeton University Press
Page : 344 pages
File Size : 47,6 Mb
Release : 2019-09-03
Category : Political Science
ISBN : 9780691186122

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Restoring the Global Judiciary by Martin S. Flaherty Pdf

Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Author : Biondi, Andrea,Sangiuolo, Giorgia
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 46,6 Mb
Release : 2021-10-22
Category : Law
ISBN : 9781839103353

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The EU and the Rule of Law in International Economic Relations by Biondi, Andrea,Sangiuolo, Giorgia Pdf

This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 49,7 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108476966

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Global Governance and the Emergence of Global Institutions for the 21st Century by Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff Pdf

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.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 40,8 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Ole Jacob Sending,Vincent Pouliot,Iver B. Neumann
Publisher : Cambridge University Press
Page : 383 pages
File Size : 55,5 Mb
Release : 2015-08-20
Category : Political Science
ISBN : 9781107099265

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Diplomacy and the Making of World Politics by Ole Jacob Sending,Vincent Pouliot,Iver B. Neumann Pdf

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