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Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Balance of power --- -International law --- -Law of nations --- Nations, Law of --- Public international law --- Law --- Power, Balance of --- Power politics --- International relations --- Political realism --- History --- United States --- Foreign relations. --- International law --- History. --- Droit international --- Equilibre des puissances --- Histoire --- Etats-Unis --- Foreign relations --- Relations extérieures --- Law of nations --- General and Others --- International law - History. --- International law - United States - History. --- Balance of power - History.
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From the historic launch of the organization by such luminaries as Elihu Root and Charles Evans Hughes, to the recent era when international law is more and more in the public realm, Kirgis’s book traces the evolution of the organization and its relationship to events in the United States and around the world. As he says in the preface: '...In the end, the reader will have to make his/her own judgment about how well the Society has run the course it set out for itself in 1906. I hope this book will provide a basis for that judgment. And of course no judgment at this stage can be final. The American Society of International Law will carry on into its second century with new and continuing programs that take into account what it has done in its first one hundred years. It will continue to do its best to demonstrate not only what international law is or should be, but also that, in the words of former ASIL President Louis Henkin, international law matters.'
Internationaal recht. --- International law --- International relations and culture --- Culture and international relations --- Culture --- Law of nations --- Nations, Law of --- Public international law --- Law --- History. --- American Society of International Law --- Sociedad Americana de Derecho Internacional --- ASIL (American Society of International Law) --- Geschichte --- History --- International law - United States - History --- International relations and culture - United States - History
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The Hidden History of International Law in the Americas explores the intellectual history of a distinctive idea and approach to American international law in the Western Hemisphere, focusing principally on the rise and evolution of the American Institute of International Law (AIIL). This organization was funded by the Carnegie Endowment for International Peace and created by US and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington, D.C., for the construction, development, and codification of international law across the Western Hemisphere. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and nonintervention, Pan-Americanism, the codification of public and private international law, and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and other jurists, diplomats, politicians, and intellectuals from the Western Hemisphere. In addition to focusing on recent scholarship on the history of international law in the United States and Latin America, this book uniquely offers the first hemispheric approach to the intellectual history of international law in the Americas while concentrating on an organization that is little known to international lawyers and intellectual historians. By examining the legal and historical foundations of the Inter-American System, this book argues that American international law, as advanced primarily by the AIIL, was driven by a US-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law.
Droit international --- International law --- Law --- Histoire --- Influence étrangère --- History --- Foreign influences --- Scott, James Brown --- Alvarez, Alejandro --- Institut américain de droit international --- American Institute of International Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law of nations --- Nations, Law of --- Public international law --- History&delete& --- America --- United States --- Foreign influences&delete& --- Institut américain du droit international --- Instituto americano de derecho internacional --- Instituto americano de direito internacional --- History. --- Histoire. --- Influence étrangère. --- Foreign influences. --- Scott, James Brown, --- Alvarez, Alejandro, --- International law - America - History --- International law - United States - History --- Law - America - Foreign influences. --- Scott, James Brown, - 1866-1943 --- Alvarez, Alejandro, - 1868-1960 --- Influence étrangère.
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