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International and municipal law --- International and municipal law - United States.

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International and municipal law --- Jurisdiction --- International and municipal law. --- Jurisdiction (International law) --- International and municipal law - United States. --- Jurisdiction - United States.

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"International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became official government policy, President Bush denied that the Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. Theses abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these 'New Realists,' in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature--a result that is not only legally binding but also in each state's self-interest"

Droit international et droit interne --- Droit international --- Droit international. --- International and municipal law --- International law --- International and municipal law - United States --- International law - United States

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The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives.This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

Investments, Foreign --- International and municipal law --- Law and legislation --- United States --- Foreign relations --- Investments, Foreign - Law and legislation - United States --- International and municipal law - United States --- United States - Foreign relations - Treaties --- United States - Commercial treaties

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This book examines the state of 'rights-talk' about children in the U.S. and compares it with developments in other countries where, it is argued, the idea that children should have rights is more widely accepted and more vigorously implemented. The collection rigorously explores the presence, participation, and treatment of children in many contexts of U.S. society. Using international human rights norms as a touchstone, it examines the balancing of relationships within the family; balancing relationships of family within society; and evolving norms of authority, discipline, and protection. Some of the chapters set forth the theoretical and practical debates about granting positive rights to children. Those rights will not only be shields against state misuses of power, but also constitute entitlements to basic social goods for children as a special and vulnerable class of citizens uniquely situated within the modern state. Other chapters argue that children are entitled to state protection against parental excesses and abuse of authority, as well as protection against unnecessary state intervention. In addition, by addressing religious images of the parent child relationships, the book highlights how fundamentalist religious beliefs invoking natural lines of authority within the family are in competition with a human rights paradigm, which views the child as separate to the extent that he/she may command specific child-centered policy. In its use of feminist legal theory this book provides a fresh and cogent look at these issues.

Human rights --- Family law. Inheritance law --- United States --- Freedom of religion --- Children's rights --- Parent and child (Law) --- International and municipal law --- Religious aspects --- 342.7-053.3 --- -Children's rights --- -Parent and child (Law) --- -International and municipal law --- -International law --- Law --- Municipal and international law --- International law --- Child rights --- Children --- Children's human rights --- Rights of children --- Rights of the child --- Freedom of worship --- Intolerance --- Liberty of religion --- Religious freedom --- Religious liberty --- Separation of church and state --- Freedom of expression --- Liberty --- Grondwettelijke rechten en vrijheden van kinderen --- Religious aspects. --- Influence --- International law influences --- Civil rights --- Law and legislation --- Legal status, laws, etc. --- -Grondwettelijke rechten en vrijheden van kinderen --- 342.7-053.3 Grondwettelijke rechten en vrijheden van kinderen --- -342.7-053.3 Grondwettelijke rechten en vrijheden van kinderen --- Freedom of religion - United States --- Children's rights - United States - Religious aspects --- Parent and child (Law) - United States --- International and municipal law - United States --- United States of America