Legalist Empire

Legalist Empire PDF Author: Benjamin Allen Coates
Publisher: Oxford University Press
ISBN: 0190495960
Category : History
Languages : en
Pages : 352

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Book Description
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

The Restatement and Beyond

The Restatement and Beyond PDF Author: Paul B. Stephan
Publisher: Oxford University Press, USA
ISBN: 0197533159
Category : Law
Languages : en
Pages : 601

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Book Description
"These essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements to the immunity from domestic lawsuits of international organizations and foreign government officials. The last considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law"--

Legalist Empire

Legalist Empire PDF Author: Benjamin Allen Coates
Publisher: Oxford University Press
ISBN: 0190495960
Category : History
Languages : en
Pages : 352

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Book Description
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

Shaping Foreign Policy in Times of Crisis

Shaping Foreign Policy in Times of Crisis PDF Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 052176680X
Category : History
Languages : en
Pages : 333

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Book Description
All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.

The Future of International Law and American Foreign Policy

The Future of International Law and American Foreign Policy PDF Author: Francis Anthony Boyle
Publisher: Martinus Nijhoff Publishers
ISBN: 9004641327
Category : Political Science
Languages : en
Pages : 509

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Book Description
This in-depth analysis, based on the implicit connection between the basic principles of international law and the effective practice of international relations by a constitutional democracy with a commitment to the rule of law, takes into account the diversity of viewpoints held by the different states and peoples of the world community to provide a global perspective. Published under the Transnational Publishers imprint.

U.S. Foreign Policy and the Law of the Sea

U.S. Foreign Policy and the Law of the Sea PDF Author: Ann L. Hollick
Publisher: Princeton University Press
ISBN: 1400886155
Category : Law
Languages : en
Pages : 510

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Book Description
The law of the sea, one of the oldest and most highly developed areas of international law, has changed significantly in the past fifty years in response to rapid scientific and technological advances coupled with an increased population and the need for additional resources. Ann Hollick documents these changes and examines the evolution of U.S. ocean policy in the larger contexts of American foreign policy and of international law and politics. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Points of Choice

Points of Choice PDF Author: Roger Fisher
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 110

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Book Description


A New Foreign Policy

A New Foreign Policy PDF Author: Jeffrey D. Sachs
Publisher: Columbia University Press
ISBN: 0231547889
Category : Political Science
Languages : en
Pages : 285

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Book Description
In this sobering analysis of American foreign policy under Trump, the award-winning economist calls for a new approach to international engagement. The American Century began in 1941 and ended in 2017, on the day of President Trump’s inauguration. The subsequent turn toward nationalism and “America first” unilateralism did not made America great. It announced the abdication of our responsibilities in the face of environmental crises, political upheaval, mass migration, and other global challenges. As a result, America no longer dominates geopolitics or the world economy as it once did. In this incisive and passionate book, Jeffrey D. Sachs provides the blueprint for a new foreign policy that embraces global cooperation, international law, and aspirations for worldwide prosperity. He argues that America’s approach to the world must shift from military might and wars of choice to a commitment to shared objectives of sustainable development. A New Foreign Policy explores both the danger of the “America first” mindset and the possibilities for a new way forward, proposing timely and achievable plans to foster global economic growth, reconfigure the United Nations for the twenty-first century, and build a multipolar world that is prosperous, peaceful, fair, and resilient.

Progress in International Law

Progress in International Law PDF Author: Russell A. Miller
Publisher: BRILL
ISBN: 9004165711
Category : Law
Languages : en
Pages : 945

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Book Description
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Is International Law International?

Is International Law International? PDF Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433

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Book Description
This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

The Future of International Law

The Future of International Law PDF Author: Joel P. Trachtman
Publisher: Cambridge University Press
ISBN: 1107035899
Category : Law
Languages : en
Pages : 317

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Book Description
Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.