-PDF Download- The Hidden History Of American International Law EBOOK

The Hidden History of International Law in the Americas

Author: Juan Pablo Scarfi

Publisher: Oxford University Press

Published: 2017

Total Pages: 281

ISBN-13: 0190622342

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

The Hidden History of International Law in the Americas

Author: Dr. Juan Pablo Scarfi

Publisher: Oxford University Press

Published: 2017-03-15

Total Pages: 216

ISBN-13: 0190622350

DOWNLOAD EBOOK →

International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.

International Law in the US Legal System

Author: Curtis A. Bradley

Publisher: Oxford University Press

Published: 2020-12-01

Total Pages: 409

ISBN-13: 0197525636

DOWNLOAD EBOOK →

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.

The Hidden History of the Supreme Court and the Betrayal of America

Author: Thom Hartmann

Publisher: National Geographic Books

Published: 2019-10-01

Total Pages: 0

ISBN-13: 1523085940

DOWNLOAD EBOOK →

"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, lays out a sweeping and largely unknown history of the Supreme Court of the United States, from Alexander Hamilton's arguments against judicial review to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers using the excuse of judicial review, and possible solutions. Hartmann explains how the Supreme Court has spilled beyond its Constitutional powers in a series of rulings, including how it turned our elections over to American and foreign oligarchs with twin decisions in the 1970s, setting the stage for the very richest of that day to bring Ronald Reagan to power. You'll hear the story of a series of Republican presidents who used fraud and treason to secure their elections, and how the GOP knew it but looked the other way because "the Court is hanging in the balance." A court that then went on to gut hundreds of pieces of progressive legislation, as Republicans had hoped. Ironically, Hartmann points out, John Roberts (now the Court's Chief Justice), when he worked for Ronald Reagan in the 1980s, came up with a novel theory about how Congress could go around the Supreme Court. His goal was to effectively reverse Roe v. Wade and Brown v. Board, but in the process provides us with an elegant legal argument and legislative solution that could, in an emergency, be used by a progressive Congress and president to clean up much of the damage the Court has done in past decades. Thomas Jefferson argued it is not the role of the Supreme Court to decide what the Constitution means, but rather the duty of the people themselves (and how they can do it). America may soon be forced to decide if it's going to continue to be governed as a constitutional monarchy, with nine unelected royals who have final say on everything, or if we are to revert to being a democratic republic as was largely the case before the late 1800s when America's first industrial era oligarchs corrupted the Court.

In the Shadow of International Law

Author: Michael Poznansky

Publisher: Oxford University Press

Published: 2020-04-28

Total Pages: 288

ISBN-13: 0190096616

DOWNLOAD EBOOK →

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.

The Hidden History of Guns and the Second Amendment

Author: Thom Hartmann

Publisher: Berrett-Koehler Publishers

Published: 2019-06-04

Total Pages: 193

ISBN-13: 1523086009

DOWNLOAD EBOOK →

Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, looks at the real history of guns in America and what we can do to limit both their lethal impact and the power of the gun lobby. Taking his typically in-depth, historically informed view, Thom Hartmann examines the brutal role guns have played in American history, from the genocide of the Native Americans to the enforcement of slavery (Slave Patrols are in fact the Second Amendment's “well-regulated militias”) and the racist post–Civil War social order. He shows how the NRA and conservative Supreme Court justices used specious logic to invent a virtually unlimited individual right to own guns, which has enabled the ever-growing number of mass shootings in the United States. But Hartmann also identifies a handful of powerful, commonsense solutions that would break the power of the gun lobby and restore the understanding of the Second Amendment that the Framers of the Constitution intended. This is the kind of brief, brilliant analysis for which Hartmann is justly renowned.

Politics and the Histories of International Law

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 513

ISBN-13: 9004461809

DOWNLOAD EBOOK →

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.

Rewriting the History of the Law of Nations

Author: Paolo Amorosa

Publisher: Oxford University Press, USA

Published: 2019-09

Total Pages: 369

ISBN-13: 0198849370

DOWNLOAD EBOOK →

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.

American Law in the Twentieth Century

Author: Lawrence Meir Friedman

Publisher: Yale University Press

Published: 2004-01-01

Total Pages: 1468

ISBN-13: 0300102992

DOWNLOAD EBOOK →

American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

International Law's Invisible Frames

Author: Andrea Bianchi

Publisher: Oxford University Press

Published: 2021

Total Pages: 337

ISBN-13: 0192847538

DOWNLOAD EBOOK →

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.