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United States Hegemony And The Foundations Of International Law
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Book Synopsis United States Hegemony and the Foundations of International Law by : Michael Byers
Download or read book United States Hegemony and the Foundations of International Law written by Michael Byers and published by Cambridge University Press. This book was released on 2003-05-29 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Book Synopsis Foundations of International Law and Politics by : Oona Anne Hathaway
Download or read book Foundations of International Law and Politics written by Oona Anne Hathaway and published by . This book was released on 2005 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.
Book Synopsis American Hegemony in the 21st Century by : Jonathan Pass
Download or read book American Hegemony in the 21st Century written by Jonathan Pass and published by Routledge. This book was released on 2019-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years now debates over America hegemony and its supposed decline have circulated academic circles. The neo-Gramscians have greatly enriched our knowledge in this field, developing some key theoretical tools and concepts, yet ontological inconsistencies, notably the downgrading of structure, has meant their explanation of the dynamics of the contemporary world order remains somewhat incomplete. In this book, Jonathan Pass aims to counter such oversights, drawing directly on the ideas of Antonio Gramsci (amongst others) to elaborate a more sophisticated, overtly materialist, theory of world hegemony, rooted in a critical realist philosophy of science. Through the lens of this Neo neo-Gramscian (NNG) approach the book examines the complex interplay of internal and external social forces responsible for the evolving 'nature' of US hegemony, from its establishment in the 1940s, passing through its different stages of crisis and restructuring up to the present. China's spectacular rise undoubtedly constitutes a 'world event', but is it potentially a 'world hegemon'? The book seeks to sheds some light on this question, analysing the economic and geopolitical significance of China's emergence and how it affects, and is affected by, both American hegemony and its own extremely delicate 'passive revolution' at home. American Hegemony in the 21st Century presents a major contribution to International Relations, International, Political Economy, Politics and Philosophy and will be of interest to researchers looking for a more sophisticated and convincing analysis of the dynamics of the contemporary world order.
Book Synopsis A Companion to U.S. Foreign Relations by : Christopher R. W. Dietrich
Download or read book A Companion to U.S. Foreign Relations written by Christopher R. W. Dietrich and published by John Wiley & Sons. This book was released on 2020-03-04 with total page 1518 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis US Hegemony and International Organizations by : Rosemary Foot
Download or read book US Hegemony and International Organizations written by Rosemary Foot and published by Oxford University Press on Demand. This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: US Hegemony and International Organizations, written by a group of leading scholars from the US and around the world, examines the role of the United States in a variety of global and regional organizations, including the United Nations, the World Bank and IMF, the WTO, NATO, and the Organization of American States.
Book Synopsis The Hidden History of International Law in the Americas by : Dr. Juan Pablo Scarfi
Download or read book The Hidden History of International Law in the Americas written by Dr. Juan Pablo Scarfi and published by Oxford University Press. This book was released on 2017-03-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sovereign Immunity Under Pressure by : Régis Bismuth
Download or read book Sovereign Immunity Under Pressure written by Régis Bismuth and published by Springer Nature. This book was released on 2022-01-19 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis The Doctrines of US Security Policy by : Heiko Meiertöns
Download or read book The Doctrines of US Security Policy written by Heiko Meiertöns and published by Cambridge University Press. This book was released on 2010-06-10 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practise of outlining principles for the conduct of US security policy in so-called doctrines is a characteristic feature of US foreign policy. From an international lawyer's point of view two aspects of these doctrines are of particular interest. First, to what degree are the criteria for the use of force, as laid down in these doctrines, consistent with the limitations for the use of force in international law? Second, which law-creating effects do these doctrines have? Furthermore, the legal nature of these doctrines remains uncertain. These matters are examined, beginning with the Monroe Doctrine of 1823 and taking into account the Stimson Doctrine of 1932, the doctrines of the Cold-War period and the Bush Doctrine of 2002. The Bush Doctrine in particular has generated controversies concerning its compatibility with Article 51 of the UN Charter, due to its principle of preventive self-defence.
Book Synopsis Comparative Law as Transnational Law by : Russell A. Miller
Download or read book Comparative Law as Transnational Law written by Russell A. Miller and published by Oxford University Press, USA. This book was released on 2012 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
Book Synopsis International Criminal Law—A Counter-Hegemonic Project? by : Florian Jeßberger
Download or read book International Criminal Law—A Counter-Hegemonic Project? written by Florian Jeßberger and published by Springer Nature. This book was released on 2022-11-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.
Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas
Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
Book Synopsis Self-Defence in International and Criminal Law by : Onder Bakircioglu
Download or read book Self-Defence in International and Criminal Law written by Onder Bakircioglu and published by Routledge. This book was released on 2011-05-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
Book Synopsis Globalisation and Governance by : Robert Schütze
Download or read book Globalisation and Governance written by Robert Schütze and published by Cambridge University Press. This book was released on 2018-09-06 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.
Book Synopsis Concepts for International Law by : Jean d’Aspremont
Download or read book Concepts for International Law written by Jean d’Aspremont and published by Edward Elgar Publishing. This book was released on 2018 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Book Synopsis The Authority of the International Committee of the Red Cross by : Linus Jannek Mührel
Download or read book The Authority of the International Committee of the Red Cross written by Linus Jannek Mührel and published by BRILL. This book was released on 2024-02-12 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
Book Synopsis Making Transnational Law Work in the Global Economy by : Pieter H. F. Bekker
Download or read book Making Transnational Law Work in the Global Economy written by Pieter H. F. Bekker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
