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Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
The Art of the Possible takes a hard look at the present play of forces in the Middle East. In full awareness of the historical, political, social, and psychological dimensions of the enmities of the region--and its most critical flashpoint, the Arab- Israeli conflict--it seeks realistic answers to the question "What can be done?" For each of the immediate foci of conflict, the author develops and proposes a workable plan: for the Sinai Peninsula, the establishment of a Sinai Development Trust; for the West Bank of the Jordan River, the creation of a Palestinian state; for the Golan Heights, the foundation of a Druze trust territory; and for the city of Jerusalem, the drafting and adoption of an international statute. Emphasizing the need for "unfettered investigation of new political techniques and legal institutions," Professor Reisman exemplifies in this eloquent essay the kind of innovative thinking that alone can create the conditions for a lasting peace in this troubled part of the world. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Art of the Possible takes a hard look at the present play of forces in the Middle East. In full awareness of the historical, political, social, and psychological dimensions of the enmities of the region--and its most critical flashpoint, the Arab- Israeli conflict--it seeks realistic answers to the question "What can be done?" For each of the immediate foci of conflict, the author develops and proposes a workable plan: for the Sinai Peninsula, the establishment of a Sinai Development Trust; for the West Bank of the Jordan River, the creation of a Palestinian state; for the Golan Heights, the foundation of a Druze trust territory; and for the city of Jerusalem, the drafting and adoption of an international statute. Emphasizing the need for "unfettered investigation of new political techniques and legal institutions," Professor Reisman exemplifies in this eloquent essay the kind of innovative thinking that alone can create the conditions for a lasting peace in this troubled part of the world. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
What law "counts" in international politics? Does any? How are effective international norms established? This provocative book introduces a new way of looking at these questions. It shows that many international standards of acceptable conduct derive far less from adjudications, statutes, or treaties and far more from what is found to be acceptable in the conflicts that we today call international incidents. The contributors demonstrate how law that counts has been developed, modified, and terminated in a variety of dramatic international incidents: the Cosmos 954 satellite accident, the downing of Korean Air Lines Flight 007, the Harrods bombing, the Argentine invasion of the Falklands/Las Malvinas, the incursions of foreign submarines into Swedish waters, the Soviet gas pipeline problem, the situation in Lebanon, and the Gulf of Sidra incident. This volume is a first, experimental effort at establishing a format for a new and more relevant kind of international political and legal analysis. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Even in our most casual encounters with strangers -- when we are looking at each other, talking, or standing in line -- legal systems with elaborate codes, authorized exceptions, and procedures for sanctioning deviance operate with a remarkable degree of success. In this pathbreaking book, Michael Reisman describes how law is an integral and indispensable part of every social interaction. The private sphere or civic order that the liberal state is committed to preserving and in which it tries to refrain from legislating, says Reisman, is not a legal vacuum but the zone of microlaw -- some of it just, some unsatisfactory, and some tyrannical. Interweaving numerous real-life examples with a detailed review of the scientific literature of many disciplines, Reisman shows the extent to which microlegal systems function in our own lives. More important, he draws on the criteria of ethics and legal philosophy to demonstrate that, paradoxically, efforts to improve microlaw may threaten the very autonomy of the private sphere that central is to the liberal state.
Covert activity has always been a significant element of international politics. When it has served their interests, governments have secretly disseminated propaganda in other countries, manipulated foreign economies, and abetted coups against their adversaries. What are the circumstances, if any, in which it is lawful, under international law or United States law, to resort to covert action either directly or through local proxies? When is it right to do so?  This book is the first to assess the lawfulness of covert action under United States and international law and to face candidly the implications for democratic states that covert operations pose. Michael Reisman and James E. Baker identify different types of covert actions, discussing a variety of cases that include the Trujillo assassination in 1961, the Rainbow Warrior in 1985, and the raid on Libya in 1986. After explaining the complex operations of the international legal system, they explore trends in decision making and the conditions that accounted for them—whether the covert operations were proactive, defensive, or reactive. They examine in detail the procedures followed in the United States to authorize and oversee covert activity and propose guidelines for political leaders who may contemplate using covert techniques. An appendix reviews twenty years of allegations of covert aggression brought to the attention of the United Nations Security Council.
From the Nuremberg Trials to the grisly campaign of "ethnic cleansing" in today's Bosnia, the world recognizes that certain actions are morally and legally unacceptable even in the midst of war. But when is a nation justified in going to war? And how far can it go in inflicting damage on an enemy? What weapons can be developed and stockpiled? What is the proper treatment of civilians, detainees and POWs? "The Laws of War" features extensive excerpts from treaties and authoritative judgments to answer these and other questions. The result is a unique and comprehensive reference work on global problems ranging from terrorism and guerrilla warfare to the prosecution of war crimes. Documents include: The Charter of the United Nations, The Hague Convections, The Geneva Conventions and Protocols, The Nuremberg Judgment, Israeli commission of inquiry into the events at the refugee camps in Beirut and an investigation of alleged war crimes in the former Yugoslavia.
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