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The Fog of Law

The Fog of Law Author Michael J. Glennon
ISBN-10 STANFORD:36105215207593
Release 2010
Pages 253
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"A most timely contribution that provokes important reflections, whatever one's perspective on the rule of law or the limits of international law. This book deserves to be read widely in the United States and, even more so, beyond its shores, to understand the politics of pragmatism."---Philippe Sands, University College London --



The Law of International Lawyers

The Law of International Lawyers Author Wouter Werner
ISBN-10 9781107193185
Release 2017-03-30
Pages 424
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This book provides original perspectives on the work of one of the most important thinkers in international law today.



The Cuban Embargo under International Law

The Cuban Embargo under International Law Author Nigel D. White
ISBN-10 9781134451173
Release 2014-10-24
Pages 208
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The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.



The Oxford Handbook of the Use of Force in International Law

The Oxford Handbook of the Use of Force in International Law Author Marc Weller
ISBN-10 9780191653902
Release 2015-01-15
Pages 1328
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.



The Internationalists

The Internationalists Author Oona A. Hathaway
ISBN-10 9781501109881
Release 2017-09-12
Pages 608
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A bold and provocative history of the men who fought to outlaw war and how an often overlooked treaty signed in 1928 was among the most transformative events in modern history. On a hot summer afternoon in 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. The Internationalists tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present, tracing this rich history through a fascinating and diverse array of lawyers, politicians and intellectuals—Hugo Grotius, Nishi Amane, Salmon Levinson, James Shotwell, Sumner Welles, Carl Schmitt, Hersch Lauterpacht, and Sayyid Qutb. It tells of a centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists examines with renewed appreciation an international system that has outlawed wars of aggression and brought unprecedented stability to the world map. Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible.



Women and States

Women and States Author Ann E. Towns
ISBN-10 9780521768856
Release 2010-06-03
Pages 249
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Examines momentous changes over the last century which have advanced women's status around the globe.



National Security and Double Government

National Security and Double Government Author Michael J. Glennon
ISBN-10 9780190668471
Release 2016-11-15
Pages 304
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Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.



The Clash of Ideas in World Politics

The Clash of Ideas in World Politics Author John M. Owen IV
ISBN-10 140083676X
Release 2010-07-19
Pages 352
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Some blame the violence and unrest in the Muslim world on Islam itself, arguing that the religion and its history is inherently bloody. Others blame the United States, arguing that American attempts to spread democracy by force have destabilized the region, and that these efforts are somehow radical or unique. Challenging these views, The Clash of Ideas in World Politics reveals how the Muslim world is in the throes of an ideological struggle that extends far beyond the Middle East, and how struggles like it have been a recurring feature of international relations since the dawn of the modern European state. John Owen examines more than two hundred cases of forcible regime promotion over the past five centuries, offering the first systematic study of this common state practice. He looks at conflicts between Catholicism and Protestantism between 1520 and the 1680s; republicanism and monarchy between 1770 and 1850; and communism, fascism, and liberal democracy from 1917 until the late 1980s. He shows how regime promotion can follow regime unrest in the eventual target state or a war involving a great power, and how this can provoke elites across states to polarize according to ideology. Owen traces how conflicts arise and ultimately fade as one ideology wins favor with more elites in more countries, and he demonstrates how the struggle between secularism and Islamism in Muslim countries today reflects broader transnational trends in world history.



When No Majority Rules

When No Majority Rules Author Michael J. Glennon
ISBN-10 UOM:39015029180356
Release 1992
Pages 162
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Examining the electoral college system and the dangers inherent within it, Glennon proposes reforms to the procedure for selecting members of the electoral college and to the procedure within the House of Representatives which selects a president if the electoral college is logjammed.



Great Powers and Strategic Stability in the 21st Century

Great Powers and Strategic Stability in the 21st Century Author Graeme P. Herd
ISBN-10 9781135233396
Release 2010-02-25
Pages 256
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This book addresses the issue of grand strategic stability in the 21st century, and examines the role of the key centres of global power - US, EU, Russia, China and India - in managing contemporary strategic threats. This edited volume examines the cooperative and conflictual capacity of Great Powers to manage increasingly interconnected strategic threats (not least, terrorism and political extremism, WMD proliferation, fragile states, regional crises and conflict and the energy-climate nexus) in the 21st century. The contributors question whether global order will increasingly be characterised by a predictable interdependent one-world system, as strategic threats create interest-based incentives and functional benefits. The work moves on to argue that the operational concept of world order is a Concert of Great Powers directing a new institutional order, norms and regimes whose combination is strategic-threat specific, regionally sensitive, loosely organised, and inclusive of major states (not least Brazil, Turkey, South Africa and Indonesia). Leadership can be singular, collective or coalition-based and this will characterise the nature of strategic stability and world order in the 21st century. This book will be of much interest to students of international security, grand strategy, foreign policy and IR. Graeme P. Herd is Co-Director of the International Training Course in Security Policy at the Geneva Centre for Security Policy (GCSP). He is co-author of several books and co-editor of The Ideological War on Terror: World Wide Strategies for Counter Terrorism (2007), Soft Security Threats and European Security (2005), Security Dynamics of the former Soviet Bloc (2003) and Russia and the Regions: Strength through Weakness (2003).



Of War and Law

Of War and Law Author David Kennedy
ISBN-10 1400827361
Release 2009-01-10
Pages 208
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Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.



Essentials of Amateur Sports Law

Essentials of Amateur Sports Law Author Glenn M. Wong
ISBN-10 0275948102
Release 1994-01-01
Pages 790
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This work reflects the significant changes that have come about in amateur sports law and administrative practice over recent years. These changes impact upon the agreements of amateur athletic associations, the rights of athletes, administrative procedures and the liability of sponsoring bodies.



Emerging Challenges in Privacy Law

Emerging Challenges in Privacy Law Author Normann Witzleb
ISBN-10 9781107041677
Release 2014-04-17
Pages 470
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Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.



The Law of Targeting

The Law of Targeting Author William H. Boothby
ISBN-10 9780191639944
Release 2012-08-16
Pages 652
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Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.



In War s Wake

In War s Wake Author Elizabeth Kier
ISBN-10 9780521157704
Release 2010-06-30
Pages 314
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This landmark interdisciplinary volume brings together distinguished historians, sociologists, and political scientists to examine the impact of war on democracy.



The Humanitarians

The Humanitarians Author David P. Forsythe
ISBN-10 0521612810
Release 2005-08-11
Pages 356
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Provides a comprehensive overview of the International Committee of the Red Cross from its origins up to the present day.



Ruling the World

Ruling the World Author Jeffrey L. Dunoff
ISBN-10 9781139479677
Release 2009-07-20
Pages
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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.