The Perils of Global Legalism

The Perils of Global Legalism

Author: Eric A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675923

Category: Political Science

Page: 296

View: 481

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.

The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law

Author: Anne Orford

Publisher: Oxford University Press

ISBN: 9780191005558

Category: Law

Page: 1000

View: 106

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Legalist Empire

Legalist Empire

Author: Benjamin Allen Coates

Publisher: Oxford University Press

ISBN: 9780190495961

Category: History

Page: 352

View: 298

America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role

Annuaire Canadien de Droit International

Annuaire Canadien de Droit International

Author: John H. Currie

Publisher: UBC Press

ISBN: 9780774827195

Category: Law

Page: 704

View: 229

This is the fiftieth volume of The Canadian Yearbook of International Law. The contents of this special anniversary edition reflect the diversity of Canadian and international thought, opinion, and practice on current problems of international law. Included are a retrospective examination of Canadian approaches and contributions to international law during the Yearbook's first fifty years as well as cutting-edge analyses and commentary on a wide range of issues, such as the use of battlefield biometrics, the cultural dimensions of sustainable development, Omar Khadr's combatancy and child-soldier status, and immunities for gross violations of international human rights.

The Executive Unbound

The Executive Unbound

Author: Eric A. Posner

Publisher: Oxford University Press

ISBN: 0199831750

Category: Law

Page: 256

View: 538

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.

Taming Globalization

Taming Globalization

Author: Julian Ku

Publisher: Oxford University Press

ISBN: 9780199837427

Category: LAW

Page: 272

View: 396

As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.

International Law as Social Construct

International Law as Social Construct

Author: Carlo Focarelli

Publisher: OUP Oxford

ISBN: 9780191632198

Category: Law

Page: 632

View: 806

The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.

Research Handbook on Global Administrative Law

Research Handbook on Global Administrative Law

Author: Sabino Cassese

Publisher: Edward Elgar Publishing

ISBN: 9781783478460

Category: Law

Page: 608

View: 280

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.