Download or read book Plausible Legality written by Rebecca Sanders and published by Oxford University Press. This book was released on 2018-08-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many ways, the United States' post-9/11 engagement with legal rules is puzzling. Officials in both the Bush and Obama administrations authorized numerous contentious counterterrorism policies that sparked global outrage, yet they have repeatedly insisted that their actions were lawful and legitimate. In Plausible Legality, Rebecca Sanders examines how the US government interpreted, reinterpreted, and manipulated legal norms and what these justificatory practices imply about the capacity of law to constrain state violence. Through case studies on the use of torture, detention, targeted killing, and surveillance, Sanders provides a detailed analysis of how policymakers use law to achieve their political objectives and situates these patterns within a broader theoretical understanding of how law operates in contemporary politics. She argues that legal culture--defined as collectively shared understandings of legal legitimacy and appropriate forms of legal practice in particular contexts--plays a significant role in shaping state practice. In the global war on terror, a national security culture of legal rationalization encouraged authorities to seek legal cover-to construct the plausible legality of human rights violations-in order to ensure impunity for wrongdoing. Looking forward, law remains vulnerable to evasion and revision. As Sanders shows, despite the efforts of human rights advocates to encourage deeper compliance, the normalization of post-9/11 policy has created space for future administrations to further erode legal norms.

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Download or read book President s Kill List written by Luca Trenta and published by Edinburgh University Press. This book was released on 2024-05-31 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Fidel Castro to Qassem Soleimani, the US government has been involved in an array of assassinations and assassination attempts against foreign leaders and officials. The President's Kill List reveals how the US government has relied on a variety of methods, from the use of poison to the delivery of sniper rifles, and from employing hitmen to simply laying the groundwork for local actors to do the deed themselves. It shows not only how policymakers decided on assassination but also the level of Presidential control over these decisions. Tracing the history of the US government's approach to assassination, the book analyses the evolution of assassination policies and, for the first time, reveals how successive administrations - through private justifications and public legitimations - ensured assassination remained an available tool.

Download or read book Evading International Norms written by Zoltán Búzás and published by University of Pennsylvania Press. This book was released on 2021-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.

Download or read book The Long Arc of Legality written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2022-01-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.

Download or read book Perceptions of State written by Philip Moremen and published by Cambridge University Press. This book was released on 2024-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores when, why, and how the US and other countries comply with international law through interviews with senior US officials.

Download or read book Wars Laws Rights and the Making of Global Insecurities written by Damien Rogers and published by Springer Nature. This book was released on 2022-04-07 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique and timely political analysis of war, international law and human rights, and the important interconnections among them. It questions why war features as a foundational problem in ​contemporary world affairs and explores how international law is used to manage this and other types of political violence. Challenging conventional thinking that understands war as a problem to be solved and law as an antidote to organized but unruly violence, this book situates the promotion and protection of human rights within the wider context of the modernist project, particularly during the epoch of the Anthropocene. Taking a critical perspective that draws on concepts found in the work of Michel Foucault, Pierre Bourdieu and Bruno Latour, this book casts new light on the ways in which the politics of war, law and rights produces profound insecurities for the human species as well as for other life forms and life systems on this planet.

Download or read book Cultural Legal Studies of Science Fiction written by Alex Green and published by Taylor & Francis. This book was released on 2024-10-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents and engages the world-building capacity of legal theory through cultural legal studies of science and speculative fictions. In these studies, the contributors take seriously the legal world building of science and speculative fiction to reveal, animate and critique legal wisdom: juris-prudence. Following a common approach in cultural legal studies, the contributors engage directly, and in detail, with specific cultural ‘texts’, novels, television, films and video games in order to explore a range of possible legal futures. The book is organized in three parts: first, the contextualisation of science and speculative fiction as jurisprudence; second, the temporality of law and legal theory and third, the analysis of specific science and speculative fictions. Throughout, the contributors reveal the way in which law as nomos builds normative universes through the narration of a future. This book will appeal to scholars and students with interests in legal theory, cultural legal studies, law and the humanities and law and literature.

Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Download or read book World Politics and International Law written by Francis Anthony Boyle and published by Duke University Press. This book was released on 2013-07-22 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work tries to bridge the gap between international lawyers and those political scientists who write about international politics. In the first part, the author discusses the influence of Professor Morgenthau's realist school on the current thinking of political scientists and the abandonment of this school by its originator in the last years of his life. The author concludes that the best way to test the validity of different approaches is to discuss various international crises in the light of contrasting theories and to analyze each situation from both the legal and political points of view. In particular, he tries to ascertain to what extent vital national interests could be accommodated within an international legal framework, or could require a distortion of international rules in order to achieve national objectives. In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists. The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict. The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.

Download or read book Contemporary Terrorism Studies written by Diego Muro and published by Oxford University Press. This book was released on 2022 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contemporary Terrorism Studies' is a comprehensive and accessible introduction to terrorism studies, examining key issues and debates, and featuring dedicated sections on terrorism and counter-terrorism. - When do individuals radicalise? - Can terrorism be rational? - How can we define terrorism? - What is the role of women in terrorism? - Can states be terrorist? World leading experts answer these questions in Contemporary Terrorism Studies, the first textbook to provide a multi-disciplinary, methodologically plural, and richly diverse introduction to terrorism studies. Contemporary Terrorism Studies covers the main approaches in terrorism studies, and is structured into three comprehensive sections. The first on 'The State of Terrorism Studies' maps the development and historical context of the discipline, and looks to the future of terrorism studies. Part two on 'Issues and Debates in Terrorism Studies' examines key contentious questions and debates such as the role of women, technology, and the media in terrorism. The final part, part three on 'Countering Terrorism' focuses specifically on counterterrorism: it's instruments, foreign policy, legal frameworks, and organisations. Overall, text will engage students, and establish a confident understanding of the subject. The textbook has been developed with pedagogical features to help enhance student learning. Each chapter contains case studies to highlight real world examples of political violence, questions for reflection to encourage critical thinking, and suggestions for further reading which provide useful sources for further reading, essays, and exam preparation. Furthermore, a consistent, accessible tone, and jargon-free writing style makes Contemporary Terrorism Studies the clearest guide to understanding terrorism. Digital formats and resources Contemporary Terrorism Studies is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with hyperlinks to question pointers, and a library of web links, helping you to broaden your knowledge and understanding terrorism studies: www.oxfordtextbooks.co.uk/ebooks - Student resources: additional case studies, guidance on accessing databases, pointers for tackling the questions for reflection, and suggested web links organised by chapter are available online. - Lecturer resources: customisable PowerPoint slides to adapt and use in teaching

Download or read book Critical Perspectives on Cybersecurity written by Anwar Mhajne and published by Oxford University Press. This book was released on 2024 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Perspectives on Cybersecurity offers a new approach to understanding cybersecurity in international relations. As a counterpoint to existing work, which focuses largely on the security of states, private actors, and infrastructure, chapter authors examine how women and communities across the Global South understand "cybersecurity," including what threats and forms of resistance are most important to them. Bringing together contributions from a globally diverse range of authors, Anwar Mhajne and Alexis Henshaw provide a human security perspective on cybersecurity that pays attention to the interplay of race, ethnicity, gender, class, and other social hierarchies, especially regarding cybersecurity in the Global South.

Download or read book The Post American Middle East written by Laurent A. Lambert and published by Springer Nature. This book was released on 2023-06-17 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: After two decades of War on Terror, it is particularly important, for both academic and policy purposes, to clearly understand why the US formidable mobilization of means and might has transformed into a such a blatant geostrategic defeat of the US and its allies in the broad Middle East. This is all the more paradoxical that the WOT achieved a series of tactical victories – such as the toppling of hostile regimes in Afghanistan, Iraq and Libya; the crippling of the national economies of enemy states by sanctions; the successful targeted killing of lead terrorist Usama Bin Laden, ISIS cult leaders Abu Bakr Al-Baghdadi and his successor, etc. So, why have these tactical victories not led to what was supposed to become, according to the US government, a ‘Greater Middle East’? With most authors being from or living in the Middle East, this book is unique as it brings perspectives and answers from the region. This is crucially important as we are entering, we argue, the era of a Post-American Middle East. Chapters 1 and 10 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

Download or read book Governing the Use of Force in International Relations written by A. Warren and published by Springer. This book was released on 2014-10-01 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines US recourse to military force in the post-9/11 era. In particular, it evaluates the extent to which the Bush and Obama administrations viewed legitimizing the greater use-of-force as a necessary solution to thwart the security threat presented by global terrorist networks and WMD proliferation.

Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Download or read book The War Lawyers written by Craig Jones and published by Oxford University Press. This book was released on 2020-11-26 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers. The War Lawyers examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza. Drawing on interviews with military lawyers and others, this book explains why some lawyers became integrated in the chain of command whereby military targets are identified and attacked, whether by manned aircraft, drones, and/or ground forces, and with what results. This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood. Jones argues that circulations of law and policy between the US and Israel have bolstered targeting practices considered legally questionable, contending that the involvement of war lawyers in targeting operations enables, legitimises, and sometimes even extends military violence.