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At the end of the Cold War, international law scholars engaged in
furious debate over whether principles of democratic legitimacy had
entered international law. Many argued that a "democratic
entitlement" was then emerging. Others were skeptical that
international practice in democracy promotion was either consistent
or sufficiently widespread and many found the idea of a democratic
entitlement dangerous. Those debates, while ongoing, have not been
comprehensively revisited in almost twenty years. This research
review identifies the leading scholarship of the past two decades
on these and other questions. It focuses particular attention on
the normative consequences of the recent "democratic recession" in
many regions of the world.
This book analyzes a new phenomenon in international law:
international organizations assuming the powers of a national
government in order to reform political institutions. After
reviewing the history of internationalized territories, this book
asks two questions about these 'humanitarian occupations'. First,
why did they occur? The book argues that the missions were part of
a larger trend in international law to maintain existing states and
their populations. The only way this could occur in these
territories, which had all seen violent internal conflict, was for
international administrators to take charge. Second, what is the
legal justification for the missions? The book examines each of the
existing justifications and finds them wanting. A new foundation is
needed, one that takes account of the missions' authorisation by
the UN Security Council and their pursuit of goals widely supported
in the international community.
How do treaties function in the American legal system? This book
provides a comprehensive analysis of the current status of treaties
in American law. Its ten chapters examine major areas of change in
treaty law in recent decades, including treaty interpretation,
federalism, self-execution, treaty implementing legislation, treaty
form, and judicial barriers to treaty enforcement. The book also
includes two in-depth case studies: one on the effectiveness of
treaties in the regulation of armed conflict and one on the role of
a resurgent federalism in complicating US efforts to ratify and
implement treaties in private international law. Each chapter asks
whether the treaty rules of the 1987 Third Restatement of Foreign
Relations Law accurately reflect today's judicial, executive, and
legislative practices. This volume is original and provocative, a
useful desk companion for judges and practicing lawyers, and an
engaging read for the general reader and graduate students.
How do treaties function in the American legal system? This book
provides a comprehensive analysis of the current status of treaties
in American law. Its ten chapters examine major areas of change in
treaty law in recent decades, including treaty interpretation,
federalism, self-execution, treaty implementing legislation, treaty
form, and judicial barriers to treaty enforcement. The book also
includes two in-depth case studies: one on the effectiveness of
treaties in the regulation of armed conflict and one on the role of
a resurgent federalism in complicating US efforts to ratify and
implement treaties in private international law. Each chapter asks
whether the treaty rules of the 1987 Third Restatement of Foreign
Relations Law accurately reflect today's judicial, executive, and
legislative practices. This volume is original and provocative, a
useful desk companion for judges and practicing lawyers, and an
engaging read for the general reader and graduate students.
This book analyzes a new phenomenon in international law:
international organizations assuming the powers of a national
government in order to reform political institutions. After
reviewing the history of internationalized territories, this book
asks two questions about these "humanitarian occupations." First,
why did they occur? The book argues that the missions were part of
a larger trend in international law to maintain existing states and
their populations. The only way this could occur in these
territories, which had all seen violent internal conflict, was for
international administrators to take charge. Second, what is the
legal justification for the missions? The book examines each of the
existing justifications and finds them wanting. A new foundation is
needed, one that takes account of the missions" authorisation by
the UN Security Council and their pursuit of goals widely supported
in the international community.
This book considers how the post-Cold War democratic revolution has affected international law. Traditionally, international law said little about the way in which governments were chosen. In the 1990s, however, international law has been deployed to encourage transitions to democracy, and to justify the armed expulsion of military juntas that overthrow elected regimes. In this volume, leading international legal scholars assess this change in international law and ask whether a commitment to democracy is consistent with the structure and rules of the international legal system.
This book considers how the post-Cold War democratic revolution has affected international law. Traditionally, international law said little about the way in which governments were chosen. In the 1990s, however, international law has been deployed to encourage transitions to democracy, and to justify the armed expulsion of military juntas that overthrow elected regimes. In this volume, leading international legal scholars assess this change in international law and ask whether a commitment to democracy is consistent with the structure and rules of the international legal system.
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