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The Law of U.S. Foreign Relations
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abste...
The Evolution and Transformation of International Law
Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter
Dysfunctional Diplomacy
US diplomacy is broken. As a result, the United States sits on the sidelines as the remainder of the world writes international law dealing with a host of vexing problems. The source of the dysfunction is domestic politics. Partisan polarization has rendered the domestic treaty process unworkable. Instead, presidents rely entirely on unilateral tools to complete their agreements, making them far weaker and less legitimate. Using a mixed-methods approach, Peake assesses the politics surrounding treaty ratification and the use of unilateral authority since World War Two, with a particular focus on the twenty-first century. He employs original data from 1949 through 2020, including 1,000 treaties and more than 3,000 executive agreements. The analysis provides case studies of the domestic politics of several recent international agreements, including on climate change, Iranian nuclear weapons, security in Iraq and Afghanistan, human rights, and the law of the sea.
Realizing Reparative Justice for International Crimes
Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.
Punishing Atrocities Through a Fair Trial
Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.
The Holocaust, Corporations, and the Law
An important examination of multinational corporations' accountability in the era of globalization and the long shadow of the Holocaust
The Legal Regime of the International Criminal Court
This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
Civil Litigation in a Globalising World
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with pr...
International Law and Domestic Legal Systems
By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.
The Market in Birds
"The book examines wildfowl market hunting in late nineteenth- and early twentieth-century America and its formative effects on both early conservation policy and cultural valuations of wildlife in modernizing America"--
