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Legalist Empire - International Law and American Foreign Relations in the Early Twentieth Century (Hardcover)
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Legalist Empire - International Law and American Foreign Relations in the Early Twentieth Century (Hardcover)
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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.
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