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United States Hegemony and the Foundations of International Law

Author: Michael Byers

Publisher: Cambridge University Press

Published: 2003-05-29

Total Pages: 551

ISBN-13: 1139436635

Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

Foundations of International Law and Politics

Author: Oona Anne Hathaway

Publisher:

Published: 2005

Total Pages: 420

ISBN-13:

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This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.

A Companion to U.S. Foreign Relations

Author: Christopher R. W. Dietrich

Publisher: John Wiley & Sons

Published: 2020-03-04

Total Pages: 1518

ISBN-13: 1119459699

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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.

American Hegemony in the 21st Century

Author: Jonathan Pass

Publisher: Routledge

Published: 2019-02-01

Total Pages: 273

ISBN-13: 0429859589

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For many years now debates over America hegemony and its supposed decline have circulated academic circles. The neo-Gramscians have greatly enriched our knowledge in this field, developing some key theoretical tools and concepts, yet ontological inconsistencies, notably the downgrading of structure, has meant their explanation of the dynamics of the contemporary world order remains somewhat incomplete. In this book, Jonathan Pass aims to counter such oversights, drawing directly on the ideas of Antonio Gramsci (amongst others) to elaborate a more sophisticated, overtly materialist, theory of world hegemony, rooted in a critical realist philosophy of science. Through the lens of this Neo neo-Gramscian (NNG) approach the book examines the complex interplay of internal and external social forces responsible for the evolving 'nature' of US hegemony, from its establishment in the 1940s, passing through its different stages of crisis and restructuring up to the present. China's spectacular rise undoubtedly constitutes a 'world event', but is it potentially a 'world hegemon'? The book seeks to sheds some light on this question, analysing the economic and geopolitical significance of China's emergence and how it affects, and is affected by, both American hegemony and its own extremely delicate 'passive revolution' at home. American Hegemony in the 21st Century presents a major contribution to International Relations, International, Political Economy, Politics and Philosophy and will be of interest to researchers looking for a more sophisticated and convincing analysis of the dynamics of the contemporary world order.

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: 0190622369

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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 Internet Law

Author: Joanna Kulesza

Publisher: Routledge

Published: 2012-03-15

Total Pages: 228

ISBN-13: 1136337946

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This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.

Foundations of World Order

Author: Francis Anthony Boyle

Publisher: Duke University Press

Published: 1999

Total Pages: 236

ISBN-13: 9780822323648

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One volume of multi-volume history of international law.

The Doctrines of US Security Policy

Author: Heiko Meiertöns

Publisher: Cambridge University Press

Published: 2010-06-10

Total Pages: 331

ISBN-13: 1139489135

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The practise of outlining principles for the conduct of US security policy in so-called doctrines is a characteristic feature of US foreign policy. From an international lawyer's point of view two aspects of these doctrines are of particular interest. First, to what degree are the criteria for the use of force, as laid down in these doctrines, consistent with the limitations for the use of force in international law? Second, which law-creating effects do these doctrines have? Furthermore, the legal nature of these doctrines remains uncertain. These matters are examined, beginning with the Monroe Doctrine of 1823 and taking into account the Stimson Doctrine of 1932, the doctrines of the Cold-War period and the Bush Doctrine of 2002. The Bush Doctrine in particular has generated controversies concerning its compatibility with Article 51 of the UN Charter, due to its principle of preventive self-defence.

Defending the Society of States

Author: Jason Ralph

Publisher: OUP Oxford

Published: 2007-05-31

Total Pages: 256

ISBN-13: 0191526789

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This book is among the first to address the issues raised by the International Criminal Court (ICC) from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, Ralph makes a significant contribution to the English School's study of international society. More specifically, he offers a concise definition of 'world society' and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an in-depth empirical analysis of American opposition to the ICC. Ralph goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation-state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with 'the people' because it offers a means of distinguishing America and its democracy from the rest of the world. This 'sovereigntist', or more accurately 'Americanist', influence is further illustrated in chapters on the sources of law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context, Ralph argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice than that demanded by the 'Americanist' policy of nation-building.

The Concept of Unity in Public International Law

Author: Mario Prost

Publisher: Bloomsbury Publishing

Published: 2012-03-15

Total Pages: 226

ISBN-13: 1847319165

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'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.