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The Powers of War and Peace

Autor: John Yoo

Número de Páginas: 379

Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his...

The Threat of Force in International Law

Autor: Nikolas Stürchler

Número de Páginas: 23

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Democratic Accountability and the Use of Force in International Law

Autor: Charlotte Ku , Harold K. Jacobson

Número de Páginas: 470

Table of contents

The Oxford Handbook of the Use of Force in International Law

Autor: Marc Weller

Número de Páginas: 1377

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent ...

Shades of Illegality in the Law Against War

Autor: Christian Marxsen

Número de Páginas: 273

The prohibition of force is a cornerstone of the international legal order. Yet, frequent violations raise pressing questions about the resilience of the law. This monograph investigates the complex realities behind these breaches in international law, to facilitate a deeper understanding of how disputes over norms governing the prohibition of the use of force shape-and sometimes strain-the legal order. Introducing the concept of “shades of illegality,” this book develops a typology of illegality that distinguishes between the different forms of illegality and their specific effects on international legal norms and the international legal order in general. These six types of illegality include contested applications of agreed law, emergency-driven violations, and deliberate challenges aimed at reshaping legal norms. By unpacking these categories, the book reveals how different types of illegality exert varied effects on the stability and evolution of international legal frameworks. Shades of Illegality in the Law Against War argues that conflicts over the application and interpretation, formulation, and further development of the law are not pathological, and that illegality...

Obama at War

Autor: Ryan C. Hendrickson

Número de Páginas: 157

During President Barack Obama's first term in office, the United States expanded its military presence in Afghanistan and increased drone missile strikes across Pakistan, Yemen, and Somalia. The administration also deployed the military to combat piracy in the Indian Ocean, engaged in a sustained bombing operation in Libya, and deployed U.S. Special Forces in Central Africa to capture or kill Joseph Kony. In these cases, President Obama decided to use force without congressional approval. Yet, this increased executive power has not been achieved simply by the presidential assertion of such powers. It has also been supported by a group of senators and representatives who, for political reasons that stem from constant campaigning, seek to avoid responsibility for military action abroad. In this revealing book, Ryan C. Hendrickson examines President Obama's use of force in his first term with four major case studies. He demonstrates that, much like his predecessors, Obama has protected the executive branch's right not only to command, but also to determine when and where American forces are deployed. He also considers the voting records of Democrat John Kerry and Republican John...

Changing International Law to Meet New Challenges

Autor: Andreas Laursen

Número de Páginas: 360

The dissertation provides an approach that is more comprehensive than other contributions within this field. It is located at the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorist have changed significantly since the attacks on New York and Washington DC, in 2001. The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example in the case of Kosovo 1999, Afghanistan 2001 and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges: does is disintegrate or does it adapt to the new circumstances? It is found that international law in this area has in fact developed and adapted to meet new challenges posed by terrorism.

Readings in the Politics of U.S. Foreign Policy

Autor: Jerel A. Rosati

Número de Páginas: 632

[This book] provides students with a foundation for developing an understanding of the politics that surround United States foreign policy. While maintaining a keen focus on specific issues and topics, this anthology addresses the broad themes essential to the study of foreign policy. Readings in [this book] feature: a large number of readings that allows instructors to choose the individual selections that best suit their needs; a diverse combination of perspectives, interpretations, and sources that creates a well-balanced view of American foreign policy; an introduction to each reading that provides an overview of work, places it within historical and political contexts, and highlights significant issues raised in the selection; case study approaches to the Iran-Contra affair and the Persian Gulf War that include numerous selections and perspectives on the foreign policy issues that surround these conflicts. -Back cover.

The November 26 Declaration of Principles

Autor: United States. Congress. House. Committee On Foreign Affairs. Subcommittee On International Organizations, Human Rights, And Oversight

Número de Páginas: 72

Illustrated Album of Biography of the Famous Valley of the Red River of the North and the Park Regions ... of Minnesota and North Dakota

Número de Páginas: 870

Presidential War Power

Autor: Louis Fisher

Número de Páginas: 344

For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.

The War in Iraq

Autor: Naval War College (u.s.)

Número de Páginas: 550

NOTE: NO FURTHER DISCOUNT FOR THIS PRINT PRODUCT-- OVERSTOCK SALE -- Significantly reduced list price International Law Studies, Volume 86. Raul A. "Pete" Pedrozo, editor. Provides legal examination of the armed conflict in Iraq during the secondd Gulf War that began in 2003. Discusses legal issues associated with the initial decision to use armed force, the manner in which force was employed, the legal framework and evolution of military activities from invasion to occupation, detention and counterinsurgency operations, as well as policy and legal issues associated with the establishment of the rule of law and return of governance to the people of Iraq. Military science, political science, and foreign legal and international relations scholars and students may be interested in this volume. Iraq & Persian Gulf Wars collection can be found here: https://bookstore.gpo.gov/catalog/us-military-history/battles-wars/iraq-persian-gulf-wars Iraq resources collection can be found here: https://bookstore.gpo.gov/catalog/international-foreign-affairs/middle-east/iraq

Journal du droit international

Autor: Edouard Clunet , André Henri Alfred Prudhomme

Número de Páginas: 1180

Vols. 6-29 and 32-53 include section "Bibliographie systématique de droit international" (varies slightly) for 1878-1902 and 1905-26.

Encyclopedia of the American Presidency

Número de Páginas: 920

Contains 1,011 articles by 335 contributors from all regions of the country, representing many disciplines and institutions, captures the origin, evolution, and constant unfolding of the American presidency.

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