The United States and International Law

The United States and International Law

Author: Lucrecia García Iommi

Publisher: University of Michigan Press

Published: 2022-07-26

Total Pages: 365

ISBN-13: 0472220276

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The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.


Book Synopsis The United States and International Law by : Lucrecia García Iommi

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

Allende’s Chile and the Inter-American Cold War

Allende’s Chile and the Inter-American Cold War

Author: Tanya Harmer

Publisher: Univ of North Carolina Press

Published: 2011-10-10

Total Pages: 400

ISBN-13: 9780807869246

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Fidel Castro described Salvador Allende's democratic election as president of Chile in 1970 as the most important revolutionary triumph in Latin America after the Cuban revolution. Yet celebrations were short lived. In Washington, the Nixon administration vowed to destroy Allende's left-wing government while Chilean opposition forces mobilized against him. The result was a battle for Chile that ended in 1973 with a right-wing military coup and a brutal dictatorship lasting nearly twenty years. Tanya Harmer argues that this battle was part of a dynamic inter-American Cold War struggle to determine Latin America's future, shaped more by the contest between Cuba, Chile, the United States, and Brazil than by a conflict between Moscow and Washington. Drawing on firsthand interviews and recently declassified documents from archives in North America, Europe, and South America--including Chile's Foreign Ministry Archive--Harmer provides the most comprehensive account to date of Cuban involvement in Latin America in the early 1970s, Chilean foreign relations during Allende's presidency, Brazil's support for counterrevolution in the Southern Cone, and the Nixon administration's Latin American policies. The Cold War in the Americas, Harmer reveals, is best understood as a multidimensional struggle, involving peoples and ideas from across the hemisphere.


Book Synopsis Allende’s Chile and the Inter-American Cold War by : Tanya Harmer

Download or read book Allende’s Chile and the Inter-American Cold War written by Tanya Harmer and published by Univ of North Carolina Press. This book was released on 2011-10-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fidel Castro described Salvador Allende's democratic election as president of Chile in 1970 as the most important revolutionary triumph in Latin America after the Cuban revolution. Yet celebrations were short lived. In Washington, the Nixon administration vowed to destroy Allende's left-wing government while Chilean opposition forces mobilized against him. The result was a battle for Chile that ended in 1973 with a right-wing military coup and a brutal dictatorship lasting nearly twenty years. Tanya Harmer argues that this battle was part of a dynamic inter-American Cold War struggle to determine Latin America's future, shaped more by the contest between Cuba, Chile, the United States, and Brazil than by a conflict between Moscow and Washington. Drawing on firsthand interviews and recently declassified documents from archives in North America, Europe, and South America--including Chile's Foreign Ministry Archive--Harmer provides the most comprehensive account to date of Cuban involvement in Latin America in the early 1970s, Chilean foreign relations during Allende's presidency, Brazil's support for counterrevolution in the Southern Cone, and the Nixon administration's Latin American policies. The Cold War in the Americas, Harmer reveals, is best understood as a multidimensional struggle, involving peoples and ideas from across the hemisphere.

The Inter-American System of Human Rights

The Inter-American System of Human Rights

Author: David John Harris

Publisher: Oxford University Press on Demand

Published: 1998

Total Pages: 588

ISBN-13: 9780198265528

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This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.


Book Synopsis The Inter-American System of Human Rights by : David John Harris

Download or read book The Inter-American System of Human Rights written by David John Harris and published by Oxford University Press on Demand. This book was released on 1998 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.

Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

Author: James L. Cavallaro

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 969

ISBN-13: 0190900865

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Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.


Book Synopsis Doctrine, Practice, and Advocacy in the Inter-American Human Rights System by : James L. Cavallaro

Download or read book Doctrine, Practice, and Advocacy in the Inter-American Human Rights System written by James L. Cavallaro and published by Oxford University Press, USA. This book was released on 2019 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.

The United States and Inter-American Security, 1889–1960

The United States and Inter-American Security, 1889–1960

Author: J. Lloyd Mecham

Publisher: University of Texas Press

Published: 2014-07-03

Total Pages: 533

ISBN-13: 0292766327

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Of the several regional arrangements that function within the United Nations, the most elaborate in organization and function is the Organization of American States. Although the United Nations holds the primary responsibility for preserving international peace, its charter concedes virtual autonomy to regional arrangements in dealing with matters considered appropriate for regional action. This latitude stimulated a trend toward regionalism which eventually posed the important question of how to preserve legitimate regionalism like Pan-Americanism without impairing the essential overall authority of the United Nations. Following an introductory description of all existing regional arrangements, this comprehensive case study examines every aspect of security cooperation in the Western Hemisphere in the mid-twentieth century: the historical origins and development of the inter-American system; the perfecting of the security structure; and, most important, the functioning of the system under test by controversies among the member nations, and by two world wars, the Korean emergency, and the aggressive threats of international Communism. Particular attention is given to the Cuban situation. This volume was the first to recognize, boldly and imaginatively, the overwhelming influence wielded in the OAS by the powerful and wealthy United States. This elastic association of one Great Power and twenty small states, based on a mutuality of interests and a common devotion to the principles of civilized international behavior, can be said to have reached full maturity in 1948 with the adoption of the OAS charter, which articulated the goals toward which it had been striving for fifty-eight years: sovereign equality, nonintervention, and consultation for the peaceful solution of disputes and for hemisphere defense. Ironically, just when the Good Neighbor Policy and the rise of Hitler seemed to have cemented inter-American relations, breaks in the solidarity began to appear. World War II produced new forces destined to profoundly alter the bases and objectives of inter-American cooperation. The “be good” policy began to change to a “do good” policy, and in diplomatic discussions, economic measures began to eclipse those concerned with peril to the peace and security of the hemisphere.


Book Synopsis The United States and Inter-American Security, 1889–1960 by : J. Lloyd Mecham

Download or read book The United States and Inter-American Security, 1889–1960 written by J. Lloyd Mecham and published by University of Texas Press. This book was released on 2014-07-03 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the several regional arrangements that function within the United Nations, the most elaborate in organization and function is the Organization of American States. Although the United Nations holds the primary responsibility for preserving international peace, its charter concedes virtual autonomy to regional arrangements in dealing with matters considered appropriate for regional action. This latitude stimulated a trend toward regionalism which eventually posed the important question of how to preserve legitimate regionalism like Pan-Americanism without impairing the essential overall authority of the United Nations. Following an introductory description of all existing regional arrangements, this comprehensive case study examines every aspect of security cooperation in the Western Hemisphere in the mid-twentieth century: the historical origins and development of the inter-American system; the perfecting of the security structure; and, most important, the functioning of the system under test by controversies among the member nations, and by two world wars, the Korean emergency, and the aggressive threats of international Communism. Particular attention is given to the Cuban situation. This volume was the first to recognize, boldly and imaginatively, the overwhelming influence wielded in the OAS by the powerful and wealthy United States. This elastic association of one Great Power and twenty small states, based on a mutuality of interests and a common devotion to the principles of civilized international behavior, can be said to have reached full maturity in 1948 with the adoption of the OAS charter, which articulated the goals toward which it had been striving for fifty-eight years: sovereign equality, nonintervention, and consultation for the peaceful solution of disputes and for hemisphere defense. Ironically, just when the Good Neighbor Policy and the rise of Hitler seemed to have cemented inter-American relations, breaks in the solidarity began to appear. World War II produced new forces destined to profoundly alter the bases and objectives of inter-American cooperation. The “be good” policy began to change to a “do good” policy, and in diplomatic discussions, economic measures began to eclipse those concerned with peril to the peace and security of the hemisphere.

The Inter-American Human Rights System

The Inter-American Human Rights System

Author: Par Engstrom

Publisher: Routledge

Published: 2020-05-21

Total Pages: 317

ISBN-13: 1000008436

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At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.


Book Synopsis The Inter-American Human Rights System by : Par Engstrom

Download or read book The Inter-American Human Rights System written by Par Engstrom and published by Routledge. This book was released on 2020-05-21 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.

The Inter-American Court of Human Rights

The Inter-American Court of Human Rights

Author: Yves Haeck

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781780683089

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Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.


Book Synopsis The Inter-American Court of Human Rights by : Yves Haeck

Download or read book The Inter-American Court of Human Rights written by Yves Haeck and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.

The United States and the Inter-American System

The United States and the Inter-American System

Author: Tom J. Farer

Publisher:

Published: 1978

Total Pages: 120

ISBN-13:

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Book Synopsis The United States and the Inter-American System by : Tom J. Farer

Download or read book The United States and the Inter-American System written by Tom J. Farer and published by . This book was released on 1978 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The United States and Mexico

The United States and Mexico

Author: Jorge I. Domínguez

Publisher: Routledge

Published: 2013-05-13

Total Pages: 239

ISBN-13: 1135313512

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By sharing one of the longest land borders in the world, the United States and Mexico will always have a special relationship. In the early twenty-first century, they are as important to one another as ever before with a vital trade partnership and often-tense migration positions. The ideal introduction to U.S.-Mexican relations, this book moves from conflicts all through the nineteenth century up to contemporary democratic elections in Mexico. Domínguez and Fernández de Castro deftly trace the path of the relationship between these North American neighbors from bloody conflicts to (wary) partnership. By covering immigration, drug trafficking, NAFTA, democracy, environmental problems, and economic instability, the second edition of The United States and Mexico provides a thorough look back and an informed vision of the future.


Book Synopsis The United States and Mexico by : Jorge I. Domínguez

Download or read book The United States and Mexico written by Jorge I. Domínguez and published by Routledge. This book was released on 2013-05-13 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: By sharing one of the longest land borders in the world, the United States and Mexico will always have a special relationship. In the early twenty-first century, they are as important to one another as ever before with a vital trade partnership and often-tense migration positions. The ideal introduction to U.S.-Mexican relations, this book moves from conflicts all through the nineteenth century up to contemporary democratic elections in Mexico. Domínguez and Fernández de Castro deftly trace the path of the relationship between these North American neighbors from bloody conflicts to (wary) partnership. By covering immigration, drug trafficking, NAFTA, democracy, environmental problems, and economic instability, the second edition of The United States and Mexico provides a thorough look back and an informed vision of the future.

The Inter-American Convention Against Corruption

The Inter-American Convention Against Corruption

Author: Carlos A. Manfroni

Publisher: Lexington Books

Published: 2003

Total Pages: 206

ISBN-13: 9780739105481

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This is the only book that comments on the first international agreement addressed to fight corruption in the Western Hemisphere. Manfroni and Werksman explain the sense, scope, and consequences of each specific commitment adopted by the countries belonging to the Organization of American States for eliminating criminal offences and unethical practices in government.


Book Synopsis The Inter-American Convention Against Corruption by : Carlos A. Manfroni

Download or read book The Inter-American Convention Against Corruption written by Carlos A. Manfroni and published by Lexington Books. This book was released on 2003 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the only book that comments on the first international agreement addressed to fight corruption in the Western Hemisphere. Manfroni and Werksman explain the sense, scope, and consequences of each specific commitment adopted by the countries belonging to the Organization of American States for eliminating criminal offences and unethical practices in government.