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Author: Daniel S. Margolies
Publisher: University of Georgia Press
ISBN: 0820339520
Category : Law
Languages : en
Pages : 442
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Book Description
In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.
Author: Daniel S. Margolies
Publisher: University of Georgia Press
ISBN: 0820339520
Category : Law
Languages : en
Pages : 442
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Book Description
In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.
Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0199355908
Category : Law
Languages : en
Pages : 433
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Book Description
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Author: Edythe Weeks
Publisher: Cambridge Scholars Publishing
ISBN: 144384666X
Category : Technology & Engineering
Languages : en
Pages : 290
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Book Description
It is the eve of outer space development, but few people are aware of this. In the absence of awareness, people cannot prepare for the opportunities that will arise; and so the vast wealth likely to flow to Earth from outer space will cause ever-greater inequality and instability in our already unequal and unstable world. This book is a call to educators to factor equality and diversity into the process of outer space development by creating a widespread movement to teach outer space development studies to all students, especially those who study social and behavioral sciences. In calling for this, the author is also putting out a call to visionary thinkers to increase public awareness that outer space is already in the process of being developed. Her objective is to provide a pedagogical approach aimed at mending the knowledge gap. If we fail in this objective, we are more likely than ever before to witness ever-widening gaps of social and financial inequality. The first question that will arise as we embark on this process, of course, will be: Why outer space development? People often ask where the money will come from to develop outer space. Platinum-group metals such as iridium and osmium, and various other valuable untapped natural resources, have been discovered in abundant quantities and are likely to be mined by companies. The discovery of natural resources has sparked development projects in the past. These historical patterns of human behavior are occurring again today, as companies speed up the process of private spaceship development. A myriad of space laws and policies are already in place to support space commercialization. Recently, the 2010 NASA Authorization Act and various other laws and policies initiated by the US government have placed on the agenda plans to build advanced space transportation systems; to privatize spacecraft development; to create commercial space habitats, space stations, and space settlements; to initiate commercial space mining; to investigate spacecraft trajectory optimization for landing on near-Earth asteroids; to engage in commercial spaceport construction and interstellar-interplanetary-international telecommunications; and to launch space exploration missions to near-Earth asteroids, the Moon, Mars, and Mars’s moons. US initiatives have in the past been mirrored by the international community, and we can expect to see similar patterns arising on a global scale – indeed, as this book will demonstrate, they already are. The global community is experiencing economic recession, natural disasters, lack of opportunity, employment anxiety, failing K-12 programs, widening inequality gaps, uprisings, revolutions, revolts, unmet educational goals, and a general failure to uplift, inspire, and provide meaningful opportunities for significant portions of our population. People need something that will allow them to focus anew their talents, energies, abilities, and gifts, and use this bleak climate as an opportunity for positive change. Outer space development is emerging as an answer to this state of crisis. The question is: To whom will the benefits accrue? Many strategic decisions have already been taken regarding space development of which the global general public is unaware. Once legal rights to space resources are granted, only those with the capital to take advantage of new laws and policies will be in a position to profit from the new space industries. Only those who are in a position to “know” about outer space development will be in position to take advantage of the opportunities. It is important to remember that the global general public has for several decades being paying the start-up costs for space exploration research, science, and technology. It’s not too late to factor in equality before an infrastructure of inequality is forever with us as we venture to establish the final frontier.
Author: Yanal Abul Failat
Publisher:
ISBN: 9781911078197
Category : Space law
Languages : en
Pages : 390
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Book Description
The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.
Author: Patricia Margaret Sterns
Publisher: Springer
ISBN: 3319270877
Category : Law
Languages : en
Pages : 294
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Book Description
The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan.
Author: Francis Lyall
Publisher: Routledge
ISBN: 1317051971
Category : Law
Languages : en
Pages : 611
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Book Description
The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.
Author: William B. McAllister
Publisher: Government Printing Office
ISBN: 9780160932120
Category : Political Science
Languages : en
Pages : 408
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Book Description
Toward "Thorough, Accurate, and Reliable" explores the evolution of the Foreign Relations of the United States documentary history series from its antecedents in the early republic through the early 21st century implementation of its current mandate, the 1991 Foreign Relations statute. This book traces how policymakers and an expanding array of stakeholders translated values like "security," "legitimacy," and "transparency" into practice as they debated how to balance the government's obligation to protect sensitive information with its commitment to openness. Determining the "people's right to know" has fueled lively discussion for over two centuries, and this work provides important, historically informed perspectives valuable to policymakers and engaged citizens as that conversation continues. Policymakers, citizens, especially political science researchers, political scientists, academic, high school, public librarians and students performing research for foreign policy issues will be most interested in this volume. Other related products: Available print volumes of the Foreign Relations of the United States (FRUS) series can be found here: https://bookstore.gpo.gov/catalog/international-foreign-affairs/foreign-relations-united-states-series-frus
Author: Tanja L. Masson-Zwaan
Publisher: BRILL
ISBN: 9004215786
Category : Law
Languages : en
Pages : 186
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Book Description
It is a remarkable achievement to write a book that almost four decades after its publication has lost virtually none of its relevance. Manfred Lachs’ famous treatise on the Law of Outer Space was originally published in 1972, yet it is still a classic and must-read text for space law students today, even though copies can nowadays be rarely found. The reissue of this remarkable work is therefore timely indeed. Its aim is to make the brilliance, foresight and clarity of Lachs’ thinking once more easily accessible to a new generation of scholars. Issued on the occasion of the 50th anniversary of the International Institute of Space Law, of which Lachs was President, this volume reproduces the original text of Lachs' work in full, with a new preface, introduction and index supplied by the editors.
Author: Curtis A. Bradley
Publisher: Oxford University Press
ISBN: 0190653353
Category : Law
Languages : en
Pages : 891
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Book Description
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author: Christopher R. W. Dietrich
Publisher: John Wiley & Sons
ISBN: 1119459699
Category : History
Languages : en
Pages : 1542
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Book Description
Covers the entire range of the history of U.S. foreign relations from the colonial period to the beginning of the 21st century. A Companion to U.S. Foreign Relations is an authoritative guide to past and present scholarship on the history of American diplomacy and foreign relations from its seventeenth century origins to the modern day. This two-volume reference work presents a collection of historiographical essays by prominent scholars. The essays explore three centuries of America’s global interactions and the ways U.S. foreign policies have been analyzed and interpreted over time. Scholars offer fresh perspectives on the history of U.S. foreign relations; analyze the causes, influences, and consequences of major foreign policy decisions; and address contemporary debates surrounding the practice of American power. The Companion covers a wide variety of methodologies, integrating political, military, economic, social and cultural history to explore the ideas and events that shaped U.S. diplomacy and foreign relations and continue to influence national identity. The essays discuss topics such as the links between U.S. foreign relations and the study of ideology, race, gender, and religion; Native American history, expansion, and imperialism; industrialization and modernization; domestic and international politics; and the United States’ role in decolonization, globalization, and the Cold War. A comprehensive approach to understanding the history, influences, and drivers of U.S. foreign relation, this indispensable resource: Examines significant foreign policy events and their subsequent interpretations Places key figures and policies in their historical, national, and international contexts Provides background on recent and current debates in U.S. foreign policy Explores the historiography and primary sources for each topic Covers the development of diverse themes and methodologies in histories of U.S. foreign policy Offering scholars, teachers, and students unmatched chronological breadth and analytical depth, A Companion to U.S. Foreign Relations: Colonial Era to the Present is an important contribution to scholarship on the history of America’s interactions with the world.
