Download or read book The Hidden History of International Law in the Americas written by Juan Pablo Scarfi and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toward a Pan-American legal order : the rise of the US hemispheric hegemony and Elihu Root's visit to South America -- Forging and consolidating a hemispheric legal network : the creation of the American Institute of International Law and the encounter between James Brown Scott and Alejandro Alvarez -- The Pan-American redefinition of the Monroe Doctrine and the emerging language of American international law -- International organization and hegemony : the codification of American international law and tensions between James Brown Scott and Alejandro Alvarez -- The debate over intervention at Havana and the crisis of the American Institute of International law : James Brown Scott's displacement of Alejandro Alvarez -- From Pan-Americanism to multilateral inter-Americanism : the impact of the Anti-War Treaty, the principle of nonintervention, and sovereign equality at Montevideo, and the dissolution of the American Institute of International Law
Download or read book A History of American Law Revised Edition written by Lawrence M. Friedman and published by Simon and Schuster. This book was released on 2010-06-15 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
Download or read book The Hidden History of the Supreme Court and the Betrayal of America written by Thom Hartmann and published by Berrett-Koehler Publishers. This book was released on 2019-10-01 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic." —Publishers Weekly Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, explains how the Supreme Court has spilled beyond its Constitutional powers and how we the people should take that power back. Taking his typically in-depth, historically informed view, Thom Hartmann asks, What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison. Hartmann argues it is not the role of the Supreme Court to decide what the law is but rather the duty of the people themselves. He lays out the history of the Supreme Court of the United States, since Alexander Hamilton's defense to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers. The ultimate remedy to the Supreme Court's abuse of power is with the people--the ultimate arbiter of the law--using the ballot box. America does not belong to the kings and queens; it belongs to the people.
Download or read book Whiggish International Law written by Christopher R. Rossi and published by BRILL. This book was released on 2019-03-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Rossi’s Whiggish International Law refreshes English School and Cambridge contextualist concerns for historical abridgment as jurists and scholars revive complexities and discussions of international law’s turbulent history in the Americas.
Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016-06-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book A History of International Law in Italy written by Giulio Bartolini and published by Oxford University Press, USA. This book was released on 2020-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.
Download or read book A Companion to U S Foreign Relations written by Christopher R. W. Dietrich and published by John Wiley & Sons. This book was released on 2020-03-04 with total page 1518 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rewriting the History of the Law of Nations written by Paolo Amorosa and published by Oxford University Press, USA. This book was released on 2019-09 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book Among the Powers of the Earth written by Eliga H. Gould and published by Harvard University Press. This book was released on 2012-02-13 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most Americans, the Revolution’s main achievement is summed up by the phrase “life, liberty, and the pursuit of happiness.” Yet far from a straightforward attempt to be free of Old World laws and customs, the American founding was also a bid for inclusion in the community of nations as it existed in 1776. America aspired to diplomatic recognition under international law and the authority to become a colonizing power itself. As Eliga Gould shows in this reappraisal of American history, the Revolution was an international transformation of the first importance. To conform to the public law of Europe’s imperial powers, Americans crafted a union nearly as centralized as the one they had overthrown, endured taxes heavier than any they had faced as British colonists, and remained entangled with European Atlantic empires long after the Revolution ended. No factor weighed more heavily on Americans than the legally plural Atlantic where they hoped to build their empire. Gould follows the region’s transfiguration from a fluid periphery with its own rules and norms to a place where people of all descriptions were expected to abide by the laws of Western Europe—“civilized” laws that precluded neither slavery nor the dispossession of Native Americans.
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Download or read book International Law s Invisible Frames written by Andrea Bianchi and published by Oxford University Press. This book was released on 2021 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
Download or read book Is International Law International written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Politics and the Histories of International Law written by and published by BRILL. This book was released on 2021-07-19 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Download or read book In the Shadow of International Law written by Michael Poznansky and published by Oxford University Press. This book was released on 2020-04-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law and Empire written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.
