Law And Force In The New International Order

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Law And Force In The New International Order

Author : Lori Fisler Damrosch
Publisher : Routledge
ISBN 13 : 0429719396
Total Pages : 309 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Law And Force In The New International Order by : Lori Fisler Damrosch

Download or read book Law And Force In The New International Order written by Lori Fisler Damrosch and published by Routledge. This book was released on 2019-03-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law—the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.

Events: The Force of International Law

Author : Fleur Johns
Publisher : Routledge
ISBN 13 : 1136920293
Total Pages : 312 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Events: The Force of International Law by : Fleur Johns

Download or read book Events: The Force of International Law written by Fleur Johns and published by Routledge. This book was released on 2010-10-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

Law Without Force

Author : Gerhart Niemeyer
Publisher : Transaction Publishers
ISBN 13 : 9781412827331
Total Pages : 440 pages
Book Rating : 4.8/5 (273 download)

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Book Synopsis Law Without Force by : Gerhart Niemeyer

Download or read book Law Without Force written by Gerhart Niemeyer and published by Transaction Publishers. This book was released on with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study proposes a new basis for international law. The author rejects a moral basis for international law, advocating instead the substitution of a functional one. Philosophy, sociology and legal theory are all brought to bear on the question, what law best suits the modern world.

Law without Force

Author : Gerhart Niemeyer
Publisher : Routledge
ISBN 13 : 1351320629
Total Pages : 408 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Law without Force by : Gerhart Niemeyer

Download or read book Law without Force written by Gerhart Niemeyer and published by Routledge. This book was released on 2018-01-16 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.

The Justification of War and International Order

Author : Lothar Brock
Publisher : Oxford University Press
ISBN 13 : 0192634631
Total Pages : 560 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Justification of War and International Order by : Lothar Brock

Download or read book The Justification of War and International Order written by Lothar Brock and published by Oxford University Press. This book was released on 2021-02-11 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

International Law and the Use of Force

Author : Christine Gray
Publisher : OUP Oxford
ISBN 13 : 0191021628
Total Pages : 2316 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Law and the Use of Force by : Christine Gray

Download or read book International Law and the Use of Force written by Christine Gray and published by OUP Oxford. This book was released on 2008-07-17 with total page 2316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

Regulating the Use of Force in International Law

Author : Russell Buchan
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439921
Total Pages : 288 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Regulating the Use of Force in International Law by : Russell Buchan

Download or read book Regulating the Use of Force in International Law written by Russell Buchan and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.

International Law

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
ISBN 13 : 1108477747
Total Pages : 1311 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2021-07-22 with total page 1311 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

War, States, and International Order

Author : Claire Vergerio
Publisher : Cambridge University Press
ISBN 13 : 100911686X
Total Pages : 319 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis War, States, and International Order by : Claire Vergerio

Download or read book War, States, and International Order written by Claire Vergerio and published by Cambridge University Press. This book was released on 2022-08-04 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

International Law and the Use of Force

Author : Anthony Clark Arend
Publisher : Routledge
ISBN 13 : 1136143645
Total Pages : 287 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis International Law and the Use of Force by : Anthony Clark Arend

Download or read book International Law and the Use of Force written by Anthony Clark Arend and published by Routledge. This book was released on 2014-02-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.

System, Order, and International Law

Author : Stefan Kadelbach
Publisher : Oxford University Press
ISBN 13 : 0198768583
Total Pages : 545 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis System, Order, and International Law by : Stefan Kadelbach

Download or read book System, Order, and International Law written by Stefan Kadelbach and published by Oxford University Press. This book was released on 2017 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume maps models of early international legal thought from Machiavelli to Hegel

Israel and the Struggle over the International Laws of War

Author : Peter Berkowitz
Publisher : Hoover Press
ISBN 13 : 0817914366
Total Pages : 113 pages
Book Rating : 4.8/5 (179 download)

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Book Synopsis Israel and the Struggle over the International Laws of War by : Peter Berkowitz

Download or read book Israel and the Struggle over the International Laws of War written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.

Just War and International Order

Author : Nicholas J. Rengger
Publisher : Cambridge University Press
ISBN 13 : 1107031648
Total Pages : 225 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Just War and International Order by : Nicholas J. Rengger

Download or read book Just War and International Order written by Nicholas J. Rengger and published by Cambridge University Press. This book was released on 2013-04-04 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues the just war tradition, rather than being a restraint on war, has expanded its scope, and criticises this trend.

The United States and International Law

Author : Lucrecia García Iommi
Publisher : University of Michigan Press
ISBN 13 : 0472220276
Total Pages : 365 pages
Book Rating : 4.4/5 (722 download)

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Book Synopsis The United States and International Law by : Lucrecia García Iommi

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and the Principle of Non-Intervention

Author : Professor of International Law Marco Roscini
Publisher : Oxford University Press
ISBN 13 : 0198786891
Total Pages : 497 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law and the Principle of Non-Intervention by : Professor of International Law Marco Roscini

Download or read book International Law and the Principle of Non-Intervention written by Professor of International Law Marco Roscini and published by Oxford University Press. This book was released on 2024-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.

Democratic Accountability and the Use of Force in International Law

Author : Charlotte Ku
Publisher : Cambridge University Press
ISBN 13 : 9780521002073
Total Pages : 470 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Democratic Accountability and the Use of Force in International Law by : Charlotte Ku

Download or read book Democratic Accountability and the Use of Force in International Law written by Charlotte Ku and published by Cambridge University Press. This book was released on 2003-02-13 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents

The American Society of International Law's First Century

Author : Frederic L. Kirgis, Jr.
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004150684
Total Pages : 661 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The American Society of International Law's First Century by : Frederic L. Kirgis, Jr.

Download or read book The American Society of International Law's First Century written by Frederic L. Kirgis, Jr. and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the historic launch of the organization by such luminaries as Elihu Root and Charles Evans Hughes, to the recent era when international law is more and more in the public realm, Kirgis's book traces the evolution of the organization and its relationship to events in the United States and around the world. As he says in the preface: "'...In the end, the reader will have to make his/her own judgment about how well the Society has run the course it set out for itself in 1906. I hope this book will provide a basis for that judgment. And of course no judgment at this stage can be final. The American Society of International Law will carry on into its second century with new and continuing programs that take into account what it has done in its first one hundred years. It will continue to do its best to demonstrate not only what international law is or should be, but also that, in the words of former ASIL President Louis Henkin, international law matters.'"