The National Interest on International Law and Order

Forside
R. James Woolsey
Transaction Publishers - 288 sider

International law and the nature of the global order is regularly examined and debated among specialists. This volume brings together in one place twenty-four articles addressing these subjects, written by some of America's leading academics, lawyers, and policymakers, and originally published in The National Interest, a leading realist journal of international affairs.

Prominent jurists, lawyers, and practitioners debate the role that international law should play in the formulation of policy in the first section, and whether â international lawâ really exists. Authors explore such questions as the enforceable norms of global behavior, and if American foreign policy should conform to such regulations. A second section looks at the viability and utility of international institutions in advancing U.S. interests. Included are debates over the role and purpose of the United Nations and the International Criminal Court. A third Section deals with the intersection of law enforcement and foreign policy. It explores such questions as whether primary responsibility for combating global terrorism and the international drug trade should be vested with law enforcement agencies or whether it should fall under the purview of foreign policy.

The final portion of the book is devoted to the question of human rights, particularly the tripartite debate between Robin Fox, Francis Fukuyama, and William F. Schulz over the nature and origins of human rights. Among the questions considered are whether human rights are an outgrowth of natural law, or are natural imperatives at odds with protecting individual dignities and freedoms. Is there a universal standard of rights, or are human rights norms derived from majority consensus?

The list of distinguished contributors to this volume include John Bolton, Robert Bork, Lee Casey, Douglas Feith, Owen Harries, Senator Jesse Helms, Alan Keyes, Irving Kristol, Joseph Nye, Jeremy Rabkin, David Rivkin, Alfred P. Rubin, and Abrahama Sofaer. This volume will be of interest to legal scholars, political scientists, and students of diplomacy and international relations.

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Innhold

The Rocky Shoals of International Law
1
International Law versus the American Constitution
14
International Crime and Punishment
29
The Limits of International Law
33
International Law and the Use of Force
44
After Guantanamo The War Over the Geneva Convention
61
Seven Tests Between Concert and Unilateralism
75
American Sovereignty and the UN
86
Law in Order Reconstructing U S National Security
145
The Law at War How Osama Slipped Away
159
The Reach of American Law
165
Law in the Service of Terror
176
Human Nature and Human Rights
195
Natural Rights and Human History
209
The Ground and Nature of Human Rights
228
What Price Human Rights?
241

Courting Danger Whats Wrong with the International Criminal Court
91
Dayton Bosnia and the Limits of Law
107
Retail Diplomacy The Edifying Story of UN Dues Reform
116
Fixing the United Nations
129
Exporting Democracyand Getting It Wrong
252
The Idea of Human Rights
265
Human Rights The Hidden Agenda
275
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Side 214 - We hold these truths to be self-evident, that all men are created equal, and that they are endowed by their creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.
Side 142 - All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
Side 4 - Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.
Side xi - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Side 185 - The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations...
Side 228 - In every system of morality which I have hitherto met with, I have always remarked that the author proceeds for some time in the ordinary way of reasoning, and establishes the being of a God, or makes observations concerning human affairs ; when of a sudden I am surprised to find that instead of the usual copulations of propositions is and is not, I meet with no proposition that is not connected with an ought or an ought not.
Side 48 - We shall not realize our objectives, however, unless we are willing to help free peoples to maintain their free institutions and their national integrity against aggressive movements that seek to impose upon them totalitarian regimes. This is no more than a frank recognition that totalitarian regimes imposed upon free peoples, by direct or indirect aggression, undermine the foundations of international peace and hence the security of the United States.
Side 39 - It is also clear that it is the State which is the victim of an armed attack which must form and declare the view that it has been so attacked. There is no rule in customary international law permitting another State to exercise the right of collective selfdefence on the basis of its own assessment of the situation. Where collective selfdefence is invoked, it is to be expected that the State for whose benefit this right is used will have declared itself to be the victim of an armed attack.
Side 228 - I am surprised to find, that instead of the usual copulations of propositions, is, and is not, I meet with no proposition that is not connected with an ought, or an ought nof. This change is imperceptible; but is, however, of the last consequence. For as this ought or ought not...

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