Shaping Foreign Policy In Times Of Crisis

Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1139485059
Size: 61.75 MB
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Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.

Customary International Law In Times Of Fundamental Change

Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107276764
Size: 22.71 MB
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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

Lawfare

Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 0190263598
Size: 45.47 MB
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International military interventions endanger soldier and civilian lives, can be financially costly, and risk spiraling out of control. One incident which exemplified the risks involved a US and UK wish to stop a Russian ship from delivering helicopter gunships to the Assad regime in Syria in 2012. Forcibly intercepting a Russian ship in transit could have risked World War III, so they developed an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical tool in the foreign policy arena. In Lawfare, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence. The book includes case studies of recent offensive and defensive lawfare by the United States, China, all sides of the Israeli-Palestinian conflict, and several non-governmental organizations and individuals. Kittrie asserts that much of the United States' most effective and creative lawfare today is being waged by private sector or other non-governmental attorneys. He analyzes why this is the case, and describes how such attorneys' expertise and experience can contribute even more to U.S. national security. Kittrie also explains that lawfare, deployed more systematically and adeptly by the U.S. government, could likely reduce U.S. and foreign casualties, and save U.S. taxpayer dollars, by supplementing or replacing the use of armed force as a tool for achieving some significant U.S. national security objectives. Understanding this alternative to armed force has never been more important.

Customary International Law In Times Of Fundamental Change

Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107035236
Size: 69.34 MB
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The first book to explore the concept of 'Grotian Moments', named for Hugo Grotius, who helped marshal in the modern system of international law.

Law In Politics Politics In Law

Author: David Feldman
Publisher: Bloomsbury Publishing
ISBN: 1782252827
Size: 51.63 MB
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A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

The Shaping Of Foreign Policy

Author: William Zimmermann
Publisher: Transaction Publishers
ISBN: 9780202369983
Size: 79.74 MB
Format: PDF, Kindle
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"How are foreign policy decisions made? This volume shows the various approaches to answer this question. In their introduction, Jacobson and Zimmerman make clear the goals and techniques of the comparative analysis of foreign policy behavior and, following this, they provide seven basic essays exemplifying, with variations, the principal approaches used to explain foreign policy behavior: the systemic, the environmental, the societal, the governmental, and the idiosyncratic (or psychological).Jan F. Triska and David D. Finley illustrate the systemic approach as applied to Soviet-American relations. Harold and Margaret Sprout then deal with the significance of the physical environment in the study of international politics. Two essays follow--by, respectively, Karl W. Deutsch and Gabriel A. Almond--representing the merger of international and comparative studies in this field. The contribution by Henry A. Kissinger examines the relationship of certain governmental systems to foreign policy behavior.The editors' introduction and selections reflect excitingly and accurately the "state of the art" of comparative foreign policy analysis and place before the reader, in clear and compact form, the continuing dialogue among scholars about one of the most controversial areas in the study of political processes."--Provided by publisher.

The Last Great Senate

Author: Ira Shapiro
Publisher: Rowman & Littlefield
ISBN: 1538109794
Size: 29.36 MB
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The Last Great Senate tells the story of the final four years of the progressive Senate of the 1960s and 1970s which compiled a record of accomplishment unmatched in our country’s history. It is a narrative history of the statesman who, working with an outsider president, Jimmy Carter, helped steer America through the crisis years of the late 1970s, transcending partisanship and overcoming procedural roadblocks that have all but crippled the Senate over the past quarter- century. The Last Great Senate recalls a critical juncture in American politics, offering a new view of the kind of leadership that will be required to restore the nation’s upper house to greatness. The book brings to life the renowned senators of the time---Ted Kennedy, Howard Baker, Henry “Scoop” Jackson, Ed Muskie, Jacob Javits, Robert Byrd and others---while capturing the Senate as an ensemble cast in a way that no previous book has. Mr. Shapiro recounts a series of legislative battles, including the historic fight over the Panama Canal treaty and the rescues of New York City and Chrysler, that are remarkable case studies of the legislative process in action. His preface to this second edition provides a compelling summary of the Senate’s struggles since 1980, including the first six months of the Trump presidency. The author’s love of the Senate and his deep belief in its special role in our political system make the book an antidote to cynicism, leaving readers with some hope that the Senate can reverse its long decline to become again what Walter F. Mondale called “the nation’s mediator.”

In Uncertain Times

Author: Melvyn P. Leffler
Publisher: Cornell University Press
ISBN: 9780801461293
Size: 11.10 MB
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In Uncertain Times considers how policymakers react to dramatic developments on the world stage. Few expected the Berlin Wall to come down in November 1989; no one anticipated the devastating attacks on the World Trade Center and the Pentagon in September 2001. American foreign policy had to adjust quickly to an international arena that was completely transformed. Melvyn P. Leffler and Jeffrey W. Legro have assembled an illustrious roster of officials from the George H. W. Bush, Clinton, and George W. Bush administrations-Robert B. Zoellick, Paul Wolfowitz, Eric S. Edelman, Walter B. Slocombe, and Philip Zelikow. These policymakers describe how they went about making strategy for a world fraught with possibility and peril. They offer provocative reinterpretations of the economic strategy advanced by the George H. W. Bush administration, the bureaucratic clashes over policy toward the breakup of the USSR, the creation of the Defense Policy Guidance of 1992, the expansion of NATO, the writing of the National Security Strategy Statement of 2002, and the invasion of Iraq in 2003. A group of eminent scholars address these same topics. Bruce Cumings, John Mueller, Mary Elise Sarotte, Odd Arne Westad, and William C. Wohlforth probe the unstated assumptions, the cultural values, and the psychological makeup of the policymakers. They examine whether opportunities were seized and whether threats were magnified and distorted. They assess whether academicians and independent experts would have done a better job than the policymakers did. Together, policymakers and scholars impel us to rethink how our world has changed and how policy can be improved in the future. Contributors: Bruce Cumings, University of Chicago; Eric S. Edelman, Center for Strategic and Budgetary Assessments; Melvyn P. Leffler, University of Virginia; Jeffrey W. Legro, University of Virginia; John Mueller, Ohio State University; Mary Elise Sarotte, University of Southern California; Walter B. Slocombe, Council on Foreign Relations and Caplin & Drysdale; Odd Arne Westad, London School of Economics and Political Science; William C. Wohlforth, Dartmouth College; Paul Wolfowitz, American Enterprise Institute for Public Policy Research; Philip Zelikow, University of Virginia; Robert B. Zoellick, World Bank Group