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Author: Michael Poznansky
Publisher: Oxford University Press
ISBN: 0190096616
Category : Political Science
Languages : en
Pages : 288
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Book Description
Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies. In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory of covert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle-which proscribes unwanted violations of another state's sovereignty-was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claim or authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law. Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.
Author: Michael Poznansky
Publisher: Oxford University Press
ISBN: 0190096616
Category : Political Science
Languages : en
Pages : 288
Get Book
Book Description
Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies. In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory of covert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle-which proscribes unwanted violations of another state's sovereignty-was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claim or authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law. Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.
Author: Michael Poznansky
Publisher: Oxford University Press, USA
ISBN: 0190096594
Category : Political Science
Languages : en
Pages : 265
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Book Description
"This book investigates one of the most controversial forms of secret statecraft in international politics: the use of covert action to overthrow foreign regimes. The central question it asks is why leaders sometimes turn to the so-called quiet option when conducting regime change rather than using overt means. Whereas existing works prioritize the desire to control escalation or avoid domestic-political constraints to explain this variation, this book highlights the surprising role that international law plays in these decisions. When states cannot locate a legal exemption from the nonintervention principle- the prohibition on unwanted violations of another state's sovereignty, codified in the United Nations Charter and elsewhere-they are more likely to opt for covert action. Concealing brazen violations of nonintervention helps states evade hypocrisy costs and avoid damaging their credibility. These claims are tested against four regime change operations carried out by the United States in Latin America during the Cold War using declassified government documents, interviews with former government officials, and historical accounts. The theory and findings presented in this book expose the secret underpinnings of the liberal international order and speak to longstanding debates about the conduct of foreign-imposed regime change as well as the impact of international law on state behavior. This book also has important policy implications, including what might follow if America abandons its role as the steward of the postwar order as well as the promise and peril of promoting new rules and norms in cyberspace"--
Author: Cait Storr
Publisher: Cambridge University Press
ISBN: 1108498507
Category : Law
Languages : en
Pages : 321
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Book Description
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Author: Mac Darrow
Publisher: Hart Publishing
ISBN: 1841133906
Category : Business & Economics
Languages : en
Pages : 371
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Book Description
This book provides a rigorous application of international legal rules governing the proper interpretation of the institutions' mandates.
Author: Ignacio de la Rasilla del Moral
Publisher: BRILL
ISBN: 9004343237
Category : Law
Languages : en
Pages : 369
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Book Description
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War.
Author:
Publisher: BRILL
ISBN: 9004461809
Category : Law
Languages : en
Pages : 513
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Book Description
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Author: Ralph Gaebler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004272224
Category : Law
Languages : en
Pages : 590
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Book Description
Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice
Author: Henri Decœur
Publisher: Oxford University Press
ISBN: 0198823932
Category : Law
Languages : en
Pages : 305
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Book Description
In this first comprehensive analysis of state organized crime from the perspective of international law, Decoeur discusses how international law can and should be used to tackle state organized crime and argues for the development of international legal mechanisms specifically designed to address this issue.
Author: Ole Spiermann
Publisher: Cambridge University Press
ISBN: 1139442686
Category : Law
Languages : en
Pages : 539
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Book Description
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
Author: John Linarelli
Publisher: Oxford University Press
ISBN: 0198753950
Category : Law
Languages : en
Pages : 337
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Book Description
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
