American Problems in International Law PDF Download

Author: Alejandro Alvarez
Publisher:
ISBN:
Category : America
Languages : en
Pages : 120

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Author: Lucrecia García Iommi
Publisher: University of Michigan Press
ISBN: 0472220276
Category : Political Science
Languages : en
Pages : 365

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Book Description
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: Nigel S. Rodley
Publisher: Springer
ISBN: 9401192146
Category : Law
Languages : en
Pages : 213

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Book Description
The essays and commentaries in this collection were presented at a Con ference on Problems of International Law in the Western Hemisphere, the Second Conference on Problems of Regional International Law under the joint sponsorship of the American Society of International Law and the Graduate Faculty of the New School for Social Research, April 2 & 3, 1971. Contributors have been given the opportunity to revise their papers since their original presentation. The editors acknowledge with gratitude the important contributions made by the Chairmen of the respective panels, namely, Professor Louis Henkin of Columbia Law School (Water Resources Panel), Professor Richard B. Lillich of the University of Virginia Law School (panel on Intervention) and Dr. Egon Schwelb of the United Nations (Human Rights Panel). The assistance of the Graduate Faculty of the New School for Social Research in the organization of the conference and that of the New York University Center for International Studies in the editing of these papers have been indispensable. We wish to make particular mention of the unstinting secretarial support of Ms. Donna Welensky and Ms. Judith Chazen. Certain problems would have been insuperable without the critical (in all senses) aid provided by Lyn Rodley. . The descriptions of contributors are those that obtained at the time of the conference. Since then, Professors Rovine and Rodley have moved to new pastures, the former to the Department of State's Office of the Legal Adviser, the latter to Amnesty International, while Dr.

Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 0199883378
Category : Law
Languages : en
Pages : 272

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Book Description
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.

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Category : Law
Languages : en
Pages : 655

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Book Description
This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.

Author: Eric A. Posner
Publisher: University of Chicago Press
ISBN: 0226675920
Category : Political Science
Languages : en
Pages : 286

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Book Description
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.

Author: Claudio Grossman
Publisher: Clarity Press
ISBN: 0997896582
Category : Law
Languages : en
Pages : 897

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Book Description
This book presents the most thorough analysis to date on the jurisprudence of the Inter-American Court of Human Rights (IACtHR) concerning full reparations. This jurisprudence interprets Article 63 of the American Convention on Human Rights. In its interpretation of the Convention, the IACtHR is guided by the important notion that human rights instruments should be interpreted in light of its object and purpose, in accordance with the State members of the Organization of the American States. The Court’s jurisprudence ensures that victims of human rights violations are awarded not only monetary compensation in cases, but also a full array of reparations designed to restore their dignity and reaffirm the value of the rule of law. Accordingly, reparation also includes moral compensation, guarantees of non repetition, and truth as a measure of satisfaction. More specifically, the book explores the notions of “fair remedy,” “injured party,” and the possibility of achieving “restitutio in integrum” for human rights violations through an analysis of decisions issued by the Inter-American Court. The book urges its reader to consider not only the current status of the law, but also the role played by victims, lawyers, Commissioners, and Judges in its jurisprudential development. As a living instrument, the value of the American Convention depends in great part on their actions and decisions. This book, by presenting the role of the different actors through concrete cases that shaped the system, encourages everyone to think how the System should continue to satisfy the aspirations of justice in cases of human rights violations.

Author: Dr. Juan Pablo Scarfi
Publisher: Oxford University Press
ISBN: 0190622369
Category : Law
Languages : en
Pages : 216

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Book Description
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.

Author: American Society of International Law
Publisher: Legare Street Press
ISBN: 9781021073129
Category :
Languages : en
Pages : 0

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Book Description
This acclaimed scholarly journal, published by the American Society of International Law, features articles, commentary, and book reviews on a wide range of topics related to international law. This volume includes research on climate change and human rights, the law of war in the cyber age, and the responsibility of states to protect cultural heritage. A must-read for legal scholars and practitioners interested in international affairs. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author: Elihu Root
Publisher: Legare Street Press
ISBN: 9781019708965
Category :
Languages : en
Pages : 0

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This book is a transcript of Elihu Root's opening address at the eleventh annual meeting of the American Society of International Law in 1917. In the address, Root discusses the impact of democracy and popular will on international law and the challenges faced by the international community in maintaining peace and justice in the tumultuous years leading up to World War I. The book offers valuable insights into the history of international law and the role of American diplomacy in shaping global events. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.