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Books > Law > International law > General
The work of HiiL on the law of the future has produced two volumes
(The Law of the Future and the Future of Law, Volumes I and II)
that bring together 85 think pieces on legal trends in different
areas of law and more than 10 interviews with key policy makers, as
well as incorporating the outcomes of 15 workshops with different
legal and justice actors around the world. The main question that
emerged from this comprehensive process was: what can one do with
the different legal futures that might come to be, as captured in
the collection Law Scenarios to 2030? This question could be
rephrased: who stragises? This volume brings you the reflections on
this question by a diverse group of thought and practice leaders
from different fields and parts of the world. Strategy in the
justice sector is not an easy thing. At the same time, the need for
coherent strategies seems urgent. This book seeks to be a catalyst
for broad discussion on this challenge. It includes chapters by
Geert Corstens (President, Dutch Supreme Court), Mark Ellis
(Executive Director, International Bar Association), Adama Dieng
(Special Adviser to the UN Secretary-General on Genocide), Kimberly
Prost (Ombudsperson, Security Council's 1267 Committee), and Adel
Maged (Vice President, Egyptian Court of Cassation).
After 1898 the United States not only solidified its position as an
economic colossus, but by annexing Puerto Rico and the Philippines
it had also added for the first time semi-permanent, heavily
populated colonies unlikely ever to attain statehood. In short
order followed a formal protectorate over Cuba, the "taking" of
Panama to build a canal, and the announcement of a new Corollary to
the Monroe Doctrine, proclaiming an American duty to "police" the
hemisphere. Empire had been an American practice since the nation's
founding, but the new policies were understood as departures from
traditional methods of territorial expansion. How to match these
actions with traditional non-entanglement constituted the central
preoccupation of U.S. foreign relations in the early twentieth
century. International lawyers proposed instead that the United
States become an impartial judge. By becoming a force for law in
the world, America could reconcile its republican ideological
tradition with a desire to rank with the Great Powers. Lawyers'
message scaled new heights of popularity in the first decade and a
half of the twentieth century as a true profession of international
law emerged. The American Society of International Law (ASIL) and
other groups, backed by the wealth of the Carnegie Endowment for
International Peace, held annual meetings and published journals.
They called for the creation of an international court, the holding
of regular conferences to codify the rules of law, and the
education of public opinion as to the proper rights and duties of
states. To an extent unmatched before or since, the U.S.
government-the executive branch if not always the U.S.
Senate-embraced this project. Washington called for peace
conferences and pushed for the creation of a "true " international
court. It proposed legal institutions to preserve order in its
hemisphere. Meanwhile lawyers advised presidents and made policy.
The ASIL counted among its first members every living secretary of
state (but one) who held office between 1892 and 1920. Growing
numbers of international lawyers populated the State Department and
represented U.S. corporations with business overseas. International
lawyers were not isolated idealists operating from the sidelines.
Well-connected, well-respected, and well-compensated, they formed
an integral part of the foreign policy establishment that built and
policed an expanding empire.
A critical history of the Americanization of legal education in
fourteen countries The second half of the twentieth century
witnessed the export of American power-both hard and
soft-throughout the world. What role did US cultural and economic
imperialism play in legal education? American Legal Education
Abroad offers an unprecedented and surprising picture of the
history of legal education in fourteen countries beyond the United
States. Each study in this book represents a critical history of
the Americanization of legal education, reexamining prevailing
narratives of exportation, transplantation, and imperialism.
Collectively, these studies challenge the conventional wisdom that
American ideas and practices have dominated globally. Editors Susan
Bartie and David Sandomierski and their contributors suggest that
to understand legal education and to respond thoughtfully to the
mounting present-day challenges, it is essential to look beyond a
particular region and consider not only the ideas behind legal
education but also the broader historical, political, and cultural
factors that have shaped them. American Legal Education Abroad
begins with an important foundational history by leading Harvard
Law School historian Bruce Kimball, who explains the factors that
created a transportable American legal model, and the book
concludes with reflections from two prominent American law
professors, Susan Carle and Bob Gordon, whose observations on
recent disruptions within US law schools suggest that their
influence within the global order of legal education may soon fall
into further decline. This book should be considered an invaluable
resource for anyone in the field of law.
The Yearbook aims to promote research, studies and writings in the
field of international law in Asia, as well as to provide an
intellectual platform for the discussion and dissemination of Asian
views and practices on contemporary international legal issues.
The ever-growing interaction between member States and
international organisations results, all too often, in situations
of non-conformity with international law (eg peacekeeping
operations, international economic adjustment programmes,
counter-terrorism sanctions). Seven years after the finalisation of
the International Law Commission's Articles on the Responsibility
of International Organisations (ARIO), international law on the
allocation of international responsibility between these actors
still remains unsettled. The confusion around the nature and
normative calibre of the relevant rules, the paucity of relevant
international practice supporting them and the lack of a clear and
principled framework for their elaboration impairs their
application and restricts their ability to act as effective
regulatory formulas. This study aims to offer doctrinal clarity in
this area of law and purports to serve as a point of reference for
all those with a vested interest in the topic. For the first time
since the publication of the ARIO, all international responsibility
issues dealing with interactions between member States and
international organisations are put together in one book under a
common approach. Structured around a systematisation of the
interactions between these actors, the study provides an analytical
framework for the regulation of indirect responsibility scenarios.
Based on the ideas of the intellectual fathers of international
law, such as Scelle's 'dedoublement fonctionnel' theory and Ago's
'derivative responsibility' model, the book employs old ideas to
add original argumentation to a topic that has been dealt with
extensively by recent commentators.
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