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: 532

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: 523

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.

Cost-benefit Analysis

Cost-benefit Analysis

Author: Matthew D. Adler

Publisher:

ISBN: 0226007634

Category: Business & Economics

Page: 351

View: 221

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi

The Executive Unbound

The Executive Unbound

Author: Eric A. Posner

Publisher: Oxford University Press

ISBN: 0199831750

Category: Law

Page: 256

View: 186

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.

Menschenrechte und ihre Kritiker

Menschenrechte und ihre Kritiker

Author: Dieter Gosewinkel

Publisher: Wallstein Verlag

ISBN: 9783835342637

Category: History

Page: 207

View: 188

Unterschiedliche historische Spielarten der Menschenrechtskritik und deren Wirkungsgeschichte. Während die 1990er Jahre als eine Hochzeit der internationalen Menschenrechtsbewegung galten, ist die Debatte über Menschenrechte seit einigen Jahren zunehmend von Skepsis und Pessimismus geprägt. Schlagworte wie "Endzeit" oder "Dämmerung" der Menschenrechte sollen signalisieren, dass mit dem Internationalen Recht auch die Menschenrechte in eine Legitimationskrise geraten sind. Teilweise speist sich die gegenwärtige Kritik aus tagespolitischen Entwicklungen, greift vielfach aber auch auf grundsätzlichere Argumente zurück. Diese haben die Auseinandersetzung über Gehalt und Geltungskraft der Menschenrechtsidee von Anfang an begleitet. Denn schon immer war die Genese moderner Menschenrechtskonzeptionen eng mit deren jeweiligen Gegenentwürfen verwoben. Dabei lassen sich pragmatische Kritik und grundsätzliche Gegnerschaft nur selten auseinanderhalten. Menschenrechtskritik entsprang vielschichtigen Motivlagen und trat zudem in unterschiedlichen Mischungsverhältnissen und Schattierungen auf. Dieser Befund fordert dazu heraus, das Phänomen der Menschenrechtskritik zu historisieren und zu systematisieren.

Legalist Empire

Legalist Empire

Author: Benjamin Allen Coates

Publisher: Oxford University Press

ISBN: 9780190495978

Category: History

Page: 352

View: 510

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

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: 341

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.

How to Do Things with International Law

How to Do Things with International Law

Author: Ian Hurd

Publisher: Princeton University Press

ISBN: 9780691196503

Category: Law

Page: 200

View: 446

A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

Conflict, War and Revolution

Conflict, War and Revolution

Author: Paul Kelly

Publisher: LSE Press

ISBN: 9781909890732

Category: Political Science

Page: 472

View: 729

Violence and war were ubiquitous features of politics long before the emergence of the modern state system. Since the late 18th century major revolutions across the world have further challenged the idea of the state as a final arbiter of international order. This book discusses ten major thinkers who have questioned and re-shaped how we think about politics, violence and relations between states – Thucydides, Augustine, Machiavelli, Hobbes, Locke, Rousseau, Clausewitz, Lenin and Mao, and Schmitt. Conflict, war and revolution have generally been seen in political thought as problems to be managed by stable domestic political communities. In different ways, all the paradigmatic thinkers here acknowledge them instead as inevitable dimensions of human experience, manifested through different ways of acting politically – while yet offering radically distinct answers about how they can be handled. This book dramatically broadens the canon of political thought by considering perspectives on the international system that challenge its historical inevitability and triumph. Drawing on history, theology, and law as well as philosophy, Paul Kelly introduces thinkers who challenge fundamentally the ways in which we should think about the nature and scope of political institutions and agents. He illuminates many troubling contemporary conflicts with a critical and historical perspective. This book is primarily intended for second year and upwards undergraduate students in general political theory and international theory, and advanced international relations students. Each chapter is also downloadable on its own for use in courses considering only some of the ten theorists covered. Written in an accessible way Conflict, War and Revolution will also interest advanced general readers with interests in the historical thought underpinnings of political ideas and today’s international politics.

Taming Globalization

Taming Globalization

Author: Julian Ku

Publisher: Oxford University Press

ISBN: 9780199837427

Category: LAW

Page: 281

View: 991

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.

The Globalization Paradox: Democracy and the Future of the World Economy

The Globalization Paradox: Democracy and the Future of the World Economy

Author: Dani Rodrik

Publisher: W. W. Norton & Company

ISBN: 0393080803

Category: Political Science

Page: 368

View: 643

"Cogent, well-written . . . critiques unalloyed globalization enthusiasts, taking aim at their desire to fully liberalize foreign trade ad capital movements." —Foreign Affairs In this eloquent challenge to the reigning wisdom on globalization, Dani Rodrik reminds us of the importance of the nation-state, arguing forcefully that when the social arrangements of democracies inevitably clash with the international demands of globalization, national priorities should take precedence. Combining history with insight, humor with good-natured critique, Rodrik’s case for a customizable globalization supported by a light frame of international rules shows the way to a balanced prosperity as we confront today’s global challenges in trade, finance, and labor markets.