Download or read book Unilateral Acts written by Betina Kuzmarov and published by Taylor & Francis. This book was released on 2018-05-20 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
Download or read book Unilateral Acts of States in Public International Law written by Przemyslaw Saganek and published by BRILL. This book was released on 2015-11-09 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
Download or read book The Enigma of Presidential Power written by Fang-Yi Chiou and published by Cambridge University Press. This book was released on 2017-04-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents are more constrained in exercising unilateral actions than before. This book asks: when does unilateral action correspond to presidential power?
Download or read book Power Without Persuasion written by William G. Howell and published by Princeton University Press. This book was released on 2003-07-28 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.
Download or read book Formal Models of Presidential Unilateral Action written by David Robert Foster and published by . This book was released on 2016 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Juridical Nature of Unilateral Acts of States in International Law written by Eva Kassoti and published by BRILL. This book was released on 2015-10-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Juridical Nature of Unilateral Acts of States in International Law Eva Kassoti explores the question of the legal nature of unilateral acts by focusing on their essential characteristics, namely unilateralism and the manifest intention to be bound. By analysing the legal and factual context surrounding the making of unilateral acts, this volume offers a list of indicators of the elements of unilateralism and manifest intention that will facilitate the determination of the existence of a unilateral juridical act in practice. Kassoti explores the legal nature of unilateral acts from the viewpoint of the theory of international juridical acts and thus, attests to the validity of this theory as a comprehensive framework for the analysis of all juridical acts in international law.
Download or read book Unilateral Orders and the Legislative Process written by Michelle H. Belco and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unilateral action is often perceived by scholars as an alternative to legislation. Presidents use executive orders and proclamations, also known as unilateral orders, before legislation has been introduced, passed, or enacted into law without the support or approval of Congress. As an alternative to legislation, presidents use them to adopt policy when Congress is unable to act and prevent legislation from advancing. However presidents can also use unilateral orders to propose new policy, endorse bills before Congress, and shift policy closer to them. In one way unilateral orders can be compared to the president’s other administrative tools he uses to convey his policy position to Congress in order to gain support. Presidents use their State of the Union Address, legislative proposals, messages and initiatives to introduce their policy to Congress. As bills progress through the legislative process presidents use messages, statements of administration, veto threats, and vetoes to express their position on content and passage. Once law has been enacted, presidents use signing statements and remarks to convey their approval, disapproval, and recommendations for change. Yet importantly, executive orders and proclamations effectuate the president’s legislative program through policy action. One test of whether the president achieves his goal is by Congress’s response. Although prior research has found that Congress rarely responds to executive orders, when it does, it is more likely to respond with support. A supportive response suggests not only that the legislative branch defers to the president but that a goal of unilateral action is legislative support. I propose that unilateral orders can play a strategic function as well as an administrative one when they are used in relation to the legislative process. In an effort to obtain legislative support, presidents use unilateral orders as an incremental and interim step towards the successful passage of their program. Presidents use them to support the enactment of legislation and as needed, to act when faced with Congressional inaction, and to negate policy too distant from their preference. Yet the expectation is still that the president’s unilateral order is a stopgap measure and his goal is legislative support. In both scenarios, the president enhances his chances for response because his unilateral order relates to prior legislative action. The timing of unilateral action in relation to the legislative process influences the type and tone of Congress’s response. When the topic is still under discussion in committee and subcommittee hearings Congress may be more willing to accept the president’s direction in setting the agenda rather than when unilateral orders are used to influence bills once the agenda has been established. The results of this research find that members of Congress are more likely to respond to the president’s unilateral order when it relates to prior legislative action. The timing of unilateral action is also important because Congress is more likely respond by enacting law when unilateral orders are used to influence bills on the legislative agenda. Congress is though more likely to support a unilateral order when it is introduced into the legislative process at the issue identification stage before bills have been introduced into committee. This research highlights the importance of the interrelationship between congressional and executive action in the legislative process highlighting how presidents strategically use executive orders and policy proclamations in the legislative process to achieve their policy goals. Unilateral orders may be effective tool in helping presidents get what they want but they are a stopgap measure on the road to legislation.
Download or read book The Dual Executive written by Michelle Belco and published by Stanford University Press. This book was released on 2017-05-02 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular perception holds that presidents act "first and alone," resorting to unilateral orders to promote an agenda and head off unfavorable legislation. Little research, however, has considered the diverse circumstances in which such orders are issued. The Dual Executive reinterprets how and when presidents use unilateral power by illuminating the dual roles of the president. Drawing from an original data set of over 5,000 executive orders and proclamations (the two most frequently used unilateral orders) from the Franklin D. Roosevelt to the George W. Bush administrations (1933–2009), this book situates unilateral orders within the broad scope of executive–legislative relations. Michelle Belco and Brandon Rottinghaus shed light on the shared nature of unilateral power by recasting the executive as both an aggressive "commander" and a cooperative "administrator" who uses unilateral power not only to circumvent Congress, but also to support and facilitate its operations.
Download or read book Presidential Power and the Politics of Unilateral Action written by William G. Howell and published by . This book was released on 2000 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Acting Alone written by Bradley F. Podliska and published by Lexington Books. This book was released on 2010-02-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acting Alone: A Scientific Study of American Hegemony and Unilateral Use-of-Force Decision Making is a straight-forward analysis of unilateral U.S. military actions, which are dependent upon the power disparity between the U.S. and the rest of the world. In solving the puzzle as to why individual presidents have made the "wrong" decision to act alone, the author lays out a president's behavior, during a crisis, as a two-step decision process. Acting Alone reviews the well-studied first decision, deciding to use force, based on international conflict literature and organized along traditional lines. The author then details the second decision, deciding to use unilateral force, with an explanation of the criticisms of multilateralism and the reasons for unilateralism. To test a new theory of unilateral use of force decision making, Acting Alone devises a definition and coding rules for unilateral use of force, develops a sequential model of presidential use of force decision making, and constructs a new, alternative measure of military power, a Composite Indicator of Military Revolutions (CIMR). It then uses three methods - a statistical test with a heckman probit model, an experiment, and case studies - to test U.S. crisis behavior since 1937. By applying these three methods, the author finds that presidents are realists and make expected utility calculations to act unilaterally or multilaterally after their decision to use force. The unilateral decision, in particular, positively correlates with a wide military gap with an opponent, an opponent located in the Western hemisphere, and a national security threat.
Download or read book The Myth of the Imperial Presidency written by Dino P. Christenson and published by University of Chicago Press. This book was released on 2020-07-13 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout American history, presidents have shown a startling power to act independently of Congress and the courts. On their own initiative, presidents have taken the country to war, abolished slavery, shielded undocumented immigrants from deportation, declared a national emergency at the border, and more, leading many to decry the rise of an imperial presidency. But given the steep barriers that usually prevent Congress and the courts from formally checking unilateral power, what stops presidents from going it alone even more aggressively? The answer, Dino P. Christenson and Douglas L. Kriner argue, lies in the power of public opinion. With robust empirical data and compelling case studies, the authors reveal the extent to which domestic public opinion limits executive might. Presidents are emboldened to pursue their own agendas when they enjoy strong public support, and constrained when they don’t, since unilateral action risks inciting political pushback, jeopardizing future initiatives, and further eroding their political capital. Although few Americans instinctively recoil against unilateralism, Congress and the courts can sway the public’s view via their criticism of unilateral policies. Thus, other branches can still check the executive branch through political means. As long as presidents are concerned with public opinion, Christenson and Kriner contend that fears of an imperial presidency are overblown.
Download or read book Unilateralism in Conflict Resolution Its Challenges in International Relations and Human Rights written by FREDERICK OMOYOMA. ODORIGE and published by Grin Publishing. This book was released on 2017-11-21 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2017 in the subject Politics - International Politics - General and Theories, grade: 4.0, course: International Relations, language: English, abstract: This paper sets out to examine how and why a country takes decisions on international issues without recourse to consulting or liaising with other countries either in the execution of war or in the course of embarkation on peacemaking. Focus shall be on some wars and peace-making efforts solely planned and implemented without recourse to set international rules and respect for the protection of human rights and how it affects international relations. What are the impacts of such unilateral decisions? Some of these actions were adjudged either wrong or right especially when unilateralism was precipitated by the lack of consensus to reach negotiations or how unilateralism negatively affects other countries. From whatever position these actions are evaluated, it is a growing anomaly that could manifest dire consequences. What are the statistics of unilateralism in modern times? This thesis shall also examine how the international community responds to unilateralism in conflict resolution. How effective has the reactions of the United Nations towards unilateralism been to date? What are the causes, motivation and consequences of unilateralism? Unilateralism in itself does not determine the legitimacy or illegitimacy of an action. It is the circumstances of the action and the responses of other states that usually determine the legitimacy of unilateralism; especially if the action affects a third state. This thesis shall examine the effects of multilateral responses against unilateralism and how such responses have guarded the norms of international relations and human rights. When does multilateral inaction instigate unilateralism for global benefit? Why do majority of countries remain silent when a country wrongly embark upon a unilateral action to attack or annex another country?
Download or read book Collective Sanctions and Unilateral Action written by Geoffrey M. Levitt and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unilateral Presidency and the News Media written by Mark Major and published by Springer. This book was released on 2014-07-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media coverage of presidential actions can not only serve journalistic purposes, but can also act as a check against unilateral decision making. The book seeks to uncover how the news media has worked to curtail overreaching power within the executive branch, demonstrating how the fourth estate keeps presidential overreach at bay.
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unilateral Action in the Public Sector written by George L. Muriel and published by . This book was released on 1983 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Presidential Power written by Richard E. Neustadt and published by . This book was released on 1966 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
