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Author: M. Glennon Publisher: Springer ISBN: 1403982538 Category : Political Science Languages : en Pages : 250
Book Description
NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Author: M. Glennon Publisher: Springer ISBN: 1403982538 Category : Political Science Languages : en Pages : 250
Book Description
NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Author: M. Glennon Publisher: Palgrave Macmillan ISBN: 9781403963666 Category : Political Science Languages : en Pages : 250
Book Description
NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Author: Eric A. Posner Publisher: University of Chicago Press ISBN: 0226675920 Category : Political Science Languages : en Pages : 286
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: Brian D. Lepard Publisher: Cambridge University Press ISBN: 052119136X Category : Law Languages : en Pages : 441
Book Description
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author: Michael W. McConnell Publisher: Princeton University Press ISBN: 0691207526 Category : Law Languages : en Pages : 440
Book Description
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Author: Lisa Martin Publisher: Routledge ISBN: 1351933434 Category : Political Science Languages : en Pages : 720
Book Description
As economic, social and environmental connections among states have grown stronger and denser in the last decades, new levels and types of governance have emerged. The process of globalization, while not entirely new, has created new challenges for policymakers attempting to reap its benefits and manage its effects. This volume pulls together work on global governance that examines these challenges and looks at the patterns of governance that emerge. The work is organized into six sections. The first introduces concepts crucial to the analysis of global governance, including representation, efficiency, and hierarchy. The next two sections turn to specific patterns of governance in two realms, security and economic affairs respectively. The fourth section examines legal dimensions of governance. The fifth section concentrates on the impact of global governance on domestic politics, while the sixth looks at how concepts of norms and legitimacy structure our understanding of governance. Overall, this collection reveals a rich scholarly understanding of globalization, governance, and institutions that builds on deep theoretical roots while shedding light on major policy issues.
Author: Rüdiger Wolfrum Publisher: Springer Science & Business Media ISBN: 3540777644 Category : Law Languages : en Pages : 422
Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author: Robert Hazell Publisher: Bloomsbury Publishing ISBN: 1509951466 Category : Law Languages : en Pages : 345
Book Description
This book considers the function of the royal prerogative in the changing landscape of the British constitution. It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large. The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative...'. The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.
Author: Andreas Laursen Publisher: Djoef Publishing ISBN: Category : Law Languages : en Pages : 360
Book Description
The dissertation provides an approach that is more comprehensive than other contributions within this field. It is located at the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorist have changed significantly since the attacks on New York and Washington DC, in 2001. The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example in the case of Kosovo 1999, Afghanistan 2001 and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges: does is disintegrate or does it adapt to the new circumstances? It is found that international law in this area has in fact developed and adapted to meet new challenges posed by terrorism.
Author: M. Glennon
Author: M. Glennon
Author: M. Glennon
Author: Eric A. Posner
Author: Malcolm N. Shaw
Author: Brian D. Lepard
Author: Michael W. McConnell
Author: Lisa Martin
Author: Rüdiger Wolfrum
Author: Robert Hazell
Author: Andreas Laursen