The Internationalists

How a Radical Plan to Outlaw War Remade the World
Author: Oona A. Hathaway,Scott J. Shapiro
Publisher: Simon and Schuster
ISBN: 150110988X
Category: History
Page: 608
View: 9592

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“An original book…about individuals who used ideas to change the world” (The New Yorker)—the fascinating exploration into the creation and history of the Paris Peace Pact, an often overlooked but transformative treaty that laid the foundation for the international system we live under today. In 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal. But within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that the Peace Pact ushered in a sustained march toward peace that lasts to this day. A “thought-provoking and comprehensively researched book” (The Wall Street Journal), The Internationalists tells the story of the Peace Pact through a fascinating and diverse array of lawyers, politicians, and intellectuals. It reveals the centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists is “indispensable” (The Washington Post). Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible. “A fascinating and challenging book, which raises gravely important issues for the present…Given the state of the world, The Internationalists has come along at the right moment” (The Financial Times).

The Internationalists

How a Radical Plan to Outlaw War Remade the World
Author: Oona A. Hathaway,Scott J. Shapiro
Publisher: Simon and Schuster
ISBN: 1501109863
Category: History
Page: 608
View: 1725

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"The Internationalists tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present, tracing this rich history through a fascinating and diverse array of lawyers, politicians and intellectuals--Hugo Grotius, Nishi Amane, Salmon Levinson, James Shotwell, Sumner Welles, Carl Schmitt, Hersch Lauterpacht, and Sayyid Qutb. It tells of a centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships." --Amazon.

The Internationalists

And Their Plan to Outlaw War
Author: Oona Hathaway,Scott Shapiro
Publisher: Penguin UK
ISBN: 0241239044
Category: Political Science
Page: 528
View: 3111

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'It will change the way you remember the 20th century and read the news in the 21st' Steven Pinker 'A clarion call to preserve law and order across our planet' Philippe Sands 'A fascinating and important book ... given the state of the world, The Internationalists has come along at the right moment' Margaret MacMillan, Financial Times Since the end of the Second World War, we have moved from an international system in which war was legal, and accepted as the ultimate arbiter of disputes between nations, to one in which it was not. Nations that wage aggressive war have become outcasts and have almost always had to give up their territorial gains. How did this epochal transformation come about? This remarkable book, which combines political, legal, and intellectual history, traces the origins and course of one of the great shifts in the modern world. 'Sweeping and yet personable at the same time, The Internationalists explores the profound implications of the outlawry of war. Professors Oona Hathaway and Scott Shapiro enrich their analysis with vignettes of the many individuals (some unknown to most students of History) who played such important roles in this story. None have put it all together in the way that Hathaway and Shapiro have done in this book' Paul Kennedy 'In this timely, elegant and powerful book, Oona Hathaway and Scott Shapiro help us understand the momentous significance of the individuals who imagined an end to war. As the world stands on the cusp of a return to an earlier age, The Internationalists is a clarion call to preserve law and order across our planet' Philippe Sands

Legality


Author: Scott J. Shapiro
Publisher: Harvard University Press
ISBN: 0674058917
Category: Law
Page: 488
View: 2358

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Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.

Boundaries of the International

Law and Empire
Author: Jennifer Pitts
Publisher: Harvard University Press
ISBN: 0674980816
Category: History
Page: 188
View: 2866

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It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.

Peace in Their Time the Origins of the Kellogg Briand Pact


Author: Robert H Ferrell
Publisher: Andesite Press
ISBN: 9781296619763
Category:
Page: 312
View: 4306

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Justice in Blue and Gray

A Legal History of the Civil War
Author: Stephen C. Neff
Publisher: Harvard University Press
ISBN: 9780674054363
Category: History
Page: 360
View: 2262

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Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

How to Do Things with International Law


Author: Ian Hurd
Publisher: Princeton University Press
ISBN: 1400888077
Category: Political Science
Page: 200
View: 3681

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A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.

The Power and the Story

The Global Battle for News and Information
Author: John Lloyd
Publisher: Atlantic Books
ISBN: 1782393617
Category: Business & Economics
Page: 480
View: 7185

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In this sweeping global survey, one of Britain's most distinguished journalists and media commentators analyses for the first time the state of journalism worldwide as it enters the post-truth age. In this sweeping global survey, one of Britain's most distinguished journalists and media commentators analyses for the first time the state of journalism worldwide as it enters the post-truth age. From the decline of the newspaper in the West and the simultaneous threats posed by fake news and President Trump, to the part that Facebook and Twitter played in the Arab revolts and the radical openness stimulated by WikiLeaks, and from the vast political power of Rupert Murdoch's News International and the merger of television and politics in Italy, to the booming, raucous and sometimes corrupt Indian media and the growing self-confidence of African journalism, John Lloyd examines the technological shifts, the political changes and the market transformations through which journalism is currently passing. The Power and the Story offers a fascinating insight into a trade that has claimed the right to hold power to account and the duty to make the significant interesting - while making both the first draft of history, and a profit. 'lloyd has a vivid reporting style and his many succinct interviews with victims or justifiers of Putin, or Egyptian of Indian style journalism, make his book a page-turner for those interested in question of who decides and writers the news we are permitted to read.... His masterly book is a lament not an obituary.' - Santigo Gamboa, Tribune

The Law of Nations and the United States Constitution


Author: Anthony J. Bellia Jr.,Bradford R. Clark
Publisher: Oxford University Press
ISBN: 0190666781
Category: Law
Page: 224
View: 3122

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The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.

Security in a Small Nation

Scotland, Democracy, Politics
Author: Andrew W. Neal
Publisher: Open Book Publishers
ISBN: 1783742712
Category: Political Science
Page: 250
View: 7503

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The 2014 Referendum on Scottish independence sparked debate on every dimension of modern statehood. Levels of public interest and engagement were unprecedented, as demonstrated by record-breaking voter turnout. Yet aside from Trident, the issue of security was relatively neglected in the campaigns, and there remains a lack of literature on the topic. In this volume Andrew Neal has collated a variety of interdisciplinary perspectives on security and constitutional change in Scotland and the UK, including writing from experts in foreign policy analysis, intelligence studies, parliamentary studies, and journalism. Security in a Small Nation provides an illuminating analysis of the politics of security. Its authors reflect on a number of related issues including international comparisons, alliances, regional cooperation, terrorism, intelligence sharing, democratic oversight, and media coverage. It has a particular focus on what security means for small states and democratic politics. The book draws on current debates about the extent of intelligence powers and their implications for accountability, privacy, and human rights. It examines the foreign and security policy of other small states through the prism of Scottish independence, providing unique insight into the bureaucratic and political processes associated with multi-level security governance. These contributions provide a detailed picture of the changing landscape of security, including the role of diverse and decentralised agencies, and new security interdependencies within and between states. The analysis presented in this book will inform ongoing constitutional debates in the UK and the study of other secessionist movements around the world. Security in a Small Nation is essential reading for any follower of UK and Scottish politics, and those with an interest in security and nationhood on a global scale.

East West Street

On the Origins of "genocide" and "crimes Against Humanity"
Author: Philippe Sands
Publisher: Vintage
ISBN: 0525433724
Category: History
Page: 464
View: 9043

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Winner of the 2016 Baillie Gifford Prize for Nonfiction A profound and profoundly important book--a moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler's Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of "genocide" and "crimes against humanity," both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, "the little Paris of Ukraine," a city variously called Lemberg, Lwów, Lvov, or Lviv. It is also a spellbinding family memoir, as the author traces the mysterious story of his grandfather, as he maneuvered through Europe in the face of Nazi atrocities. East West Street is a book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder.

State Death

The Politics and Geography of Conquest, Occupation, and Annexation
Author: Tanisha M. Fazal
Publisher: Princeton University Press
ISBN: 1400841445
Category: Political Science
Page: 320
View: 7269

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If you were to examine an 1816 map of the world, you would discover that half the countries represented there no longer exist. Yet since 1945, the disappearance of individual states from the world stage has become rare. State Death is the first book to systematically examine the reasons why some states die while others survive, and the remarkable decline of state death since the end of World War II. Grappling with what is a core issue of international relations, Tanisha Fazal explores two hundred years of military invasion and occupation, from eighteenth-century Poland to present-day Iraq, to derive conclusions that challenge conventional wisdom about state death. The fate of sovereign states, she reveals, is largely a matter of political geography and changing norms of conquest. Fazal shows how buffer states--those that lie between two rivals--are the most vulnerable and likely to die except in rare cases that constrain the resources or incentives of neighboring states. She argues that the United States has imposed such constraints with its global norm against conquest--an international standard that has largely prevented the violent takeover of states since 1945. State Death serves as a timely reminder that should there be a shift in U.S. power or preferences that erodes the norm against conquest, violent state death may once again become commonplace in international relations.

The Sovereignty of Human Rights


Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 0190267321
Category: Law
Page: 200
View: 1413

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The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

Is International Law International?


Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696435
Category: Law
Page: 304
View: 1935

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

A Scrap of Paper

Breaking and Making International Law during the Great War
Author: Isabel V. Hull
Publisher: Cornell University Press
ISBN: 0801470641
Category: History
Page: 352
View: 7698

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A century after the outbreak of the Great War, we have forgotten the central role that international law and the dramatically different interpretations of it played in the conflict’s origins and conduct. In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. Throughout, she emphasizes the profound tension between international law and military necessity in time of war, and demonstrates how differences in state structures and legal traditions shaped the way in which each of the three belligerents fought the war Hull focuses on seven cases in which each government’s response was shaped by its understanding of and respect for the law: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry (including poison gas and the zeppelin), and reprisals. Drawing on voluminous research in German, British, and French archives, the author reconstructs the debates over military decision making and clarifies the role played by law—where it constrained action, where it was manipulated to serve military need, where it was simply ignored, and how it developed in the crucible of combat. She concludes that Germany did not speak the same legal language as the two liberal democracies, with disastrous and far-reaching consequences. The first book on international law and the Great War published since 1920, A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.

Great Powers and Outlaw States

Unequal Sovereigns in the International Legal Order
Author: Gerry Simpson
Publisher: Cambridge University Press
ISBN: 9780521534901
Category: Law
Page: 391
View: 1565

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Historical and legal analysis of Kosovo and Afghanistan wars and impact on global political order.

Mobilizing for Human Rights

International Law in Domestic Politics
Author: Beth A. Simmons
Publisher: Cambridge University Press
ISBN: 0521885108
Category: Law
Page: 451
View: 6567

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Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

The Constitutional State


Author: Nicholas William Barber
Publisher: Oxford University Press
ISBN: 0199585016
Category: Law
Page: 199
View: 322

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The Constitutional State provides an original account of the nature of the state and its constitution. This account casts light on some of the central puzzles faced by writers on constitutions - such as the possibility of states to undertake actions and form intentions, and the moral significance of these actions for the state's citizens.

Comparative International Law


Author: Anthea Roberts,Paul B. Stephan, III,Pierre-Hugues Verdier,Mila Versteeg
Publisher: Oxford University Press
ISBN: 0190697571
Category: Law
Page: 640
View: 7704

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By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.