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Books : Nonfiction : Law : International Law
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On December 2, 2002 the U.S. Secretary of Defense, Donald Rumsfeld, signed his name at the bottom of a document that listed eighteen techniques of interrogation--techniques that defied international definitions of torture. The Rumsfeld Memo authorized the controversial interrogation practices that later migrated to Guantanamo, Afghanistan, Abu Ghraib and elsewhere, as part of the policy of extraordinary rendition. From a behind-the-scenes vantage point, Phillipe Sands investigates how the Rumsfeld Memo set the stage for a divergence from the Geneva Convention and the Torture Convention and holds the individual gatekeepers in the Bush administration accountable for their failure to safeguard international law.
The Torture Team delves deep into the Bush administration to reveal:· How the policy of abuse originated with Donald Rumsfeld, Dick Cheney and George W. Bush, and was promoted by their most senior lawyers· Personal accounts, through interview, of those most closely involved in the decisions· How the Joint Chiefs and normal military decision-making processes were circumvented· How Fox TV’s 24 contributed to torture planning· How interrogation techniques were approved for use· How the new techniques were used on Mohammed Al Qahtani, alleged to be “the 20th highjacker”· How the senior lawyers who crafted the policy of abuse exposed themselves to the risk of war crimes charges
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For the decade that followed the end of the cold war, the world was lulled into a sense that a consumerist, globalized, peaceful future beckoned. The beginning of the twenty-first century has rudely disposed of such ideas—most obviously through 9/11and its aftermath. But just as damaging has been the rise in the West of a belief that a single model of political behavior will become a worldwide norm and that, if necessary, it will be enforced at gunpoint. In Black Mass, celebrated philosopher and critic John Gray explains how utopian ideals have taken on a dangerous significance in the hands of right-wing conservatives and religious zealots. He charts the history of utopianism, from the Reformation through the French Revolution and into the present. And most urgently, he describes how utopian politics have moved from the extremes of the political spectrum into mainstream politics, dominating the administrations of both George W. Bush and Tony Blair, and indeed coming to define the political center. Far from having shaken off discredited ideology, Gray suggests, we are more than ever in its clutches. Black Mass is a truly frightening and challenging work by one of Britain’s leading political thinkers.
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The prevailing image of European Jews during the Holocaust years is one of helpless victims under a death sentence, unable to fight consignment to the ghettos, to the camps, and to the gas chambers. In fact, many Jews struggled alone or with others against the terrors of the Third Reich, risking their lives against overwhelming odds for the slimmest chance of survival, or a mere glimpse of freedom. In Defiance, Nechama Tec offers a riveting history of one such group, a forest community in western Belorussia that would number more than 1,200 Jews by 1944--the largest armed rescue operation of Jews by Jews in World War II.
Describing the entire partisan movement in the region, Tec shows that while most forest fighters in Belorussia were rifle-carrying young men, the members of this extraordinary community included both men and women, some with weapons but mostly unarmed, ranging from infants to the elderly. She reconstructs for the first time the amazing details of how these partisans and their families--hungry, exposed to the harsh winter weather, always on the lookout for German patrols--managed not only to survive, but to offer protection to all Jewish fugitives who could find their way to them. Driven by courage born out of despair, they dug wells, set up workshops to repair guns, made clothes, and resoled shoes, supplied services to other guerilla units, and even established a makeshift hospital and school in the forest. Arguing that this success would have been unthinkable without the vision of one man, Tec offers penetrating insight into the group's commander, Tuvia Bielski, and his journey from his life as the son of the only Jewish peasant family in an isolated rural village to his emergence as a leader possessing the charisma and courage to command under all but impossible circumstances.
Tec brings to light the untold story of Bielski's struggle as a partisan who lost his parents, wife, and two brothers to the Nazis, yet never wavered in his conviction that it was more important to save one Jew than to kill twenty Germans. She shows how, under Bielski's guidance, the partisans smuggled Jews out of heavily guarded ghettos, scouted the roads for fugitives, and led retaliatory raids against Belorussian peasants who collaborated with the Nazis against their former Jewish neighbors. Refusing to turn away the weak or the old for the sake of the survival of the larger group, Bielski would warn new arrivals to the forest, "Life is difficult, we are in danger all the time, but if we perish, if we die, we die like human beings."
A scholar, a writer, and herself a Holocaust survivor, author Nechama Techas devoted the last two decades to studying the fate of European Jewry, recording rare but vital examples of human compassion, resistance, altruism and heroism in the face of overwhelming horror and despair. Drawing on wide-ranging research and never before published interviews with surviving partisans--including Tuvia Bielski himself two weeks before his death in 1987--she reconstructs here the poignant and unforgettable story of those who chose to fight.
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Today between forty and sixty nations, home to over a billion people, have either collapsed or are teetering on the brink of failure. The world's worst problems--terrorism, drugs and human trafficking, absolute poverty, ethnic conflict, disease, genocide--originate in such states, and the international community has devoted billions of dollars to solving the problem. Yet by and large the effort has not succeeded.
Ashraf Ghani and Clare Lockhart have taken an active part in the effort to save failed states for many years, serving as World Bank officials, as advisers to the UN, and as high-level participants in the new government of Afghanistan. Now, in Fixing Failed States, they describe the issue--vividly and convincingly--offering an on-the-ground picture of why past efforts have not worked and advancing a groundbreaking new solution to this most pressing of global crises. Military force, while certainly necessary on occasion, cannot solve the fundamental problems, and humanitarian interventions cost billions yet do not leave capable states in their wake. Ghani and Lockhart argue that only an integrated state-building approach can heal these failing countries. As they explain, many of these countries already have the resources they need, if only we knew how to connect them to global knowledge and put them to work in the right way. Their state-building strategy, which assigns responsibility equally among the international community, national leaders, and citizens, maps out a clear path to political and economic stability. The authors provide a clear, practical framework for achieving these ends, supporting their case with first-hand examples of struggling territories such as Afghanistan, Sudan, Kosovo and Nepal as well as the world's success stories--Singapore, Ireland, and even the American South.
The battle against terror, poverty, climate change, and much more cannot be won unless we can save these nations. In Fixing Fixed States, two of the world's foremost authorities offer a way out of the current crisis--a framework for re-imagining the international system. It is a book that is unique in its essential optimism--an optimism that the authors have earned through their own substantial real-world efforts in failed states.
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.
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This Nutshell provides the fundamentals of U.S. international taxation. Addresses the U.S. activities of foreign taxpayers, as well as the foreign activities of U.S. citizens and residents, focusing on the U.S. foreign tax credit. Special U.S. international tax provisions creating incentives or disincentives for certain conduct or forms of business transactions are featured.
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Principles of Public International Law has been shaping the study and application of international law for over 40 years. Written by a world-renowned expert, this book was the first to bring human rights into the mainstream of international law.
This seventh edition, fully updated since 2003, continues to provide the balance, clarity and expertise expected by Brownlie readers. The depth of knowledge displayed by the author, along with the detailed referencing and logical structure, make this title an indispensable resource for students, scholars and practitioners working in or studying international law.
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Lists basic legal concepts of American aviation and how they can be applied to everyday aviation-related situations.
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Has globalization diluted the power of national governments to regulate their own economies? Are international governmental and nongovernmental organizations weakening the hold of nation-states on global regulatory agendas? Many observers think so. But in All Politics Is Global, Daniel Drezner argues that this view is wrong. Despite globalization, states--especially the great powers--still dominate international regulatory regimes, and the regulatory goals of states are driven by their domestic interests.
As Drezner shows, state size still matters. The great powers--the United States and the European Union--remain the key players in writing global regulations, and their power is due to the size of their internal economic markets. If they agree, there will be effective global governance. If they don't agree, governance will be fragmented or ineffective. And, paradoxically, the most powerful sources of great-power preferences are the least globalized elements of their economies.
Testing this revisionist model of global regulatory governance on an unusually wide variety of cases, including the Internet, finance, genetically modified organisms, and intellectual property rights, Drezner shows why there is such disparity in the strength of international regulations.
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International business law doesn't have to be a mystery. With its unique thematic approach, INTERNATIONAL BUSINESS LAW AND ITS ENVIRONMENT, 7e, enables you to learn public and private law issues quickly and easily. From intellectual property to direct foreign investment, this student-friendly text explains issues in ways you can understand. Known for its current, comprehensive, and accurate coverage, the text balances the legal challenges of doing business in developing and nonmarket-economy countries with the economic and political issues that commonly arise. It also focuses on the transactional aspects of international business as well as on the legal, cultural, political, and economic environment affecting managerial decision making on a global scale. Packed with real-world examples, the text emphasizes ethics issues throughout, incorporates cutting-edge cases, and includes a companion Website that helps you maximize your study time.
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The publisher says this book "exposes the political forces around the world that are cooperating to unite the people of this planet under a New World Order. Some of the most recognizable names in America are on this list!"
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After the Holocaust, the world vowed it would never again stand by and permit such heinous crimes against humanity. Yet many subsequent atrocities have gone unchecked, all over the world: from the killing fields of Cambodia, to Rwanda, and to Srebrenica. The bloody list continues to grow, led by the unfolding nightmare in Darfur. How and why were the world's best intentions derailed, and what can be done today to put these efforts back on track? The "responsibility to protect: - R2P for short - was unanimously embraced at the UN World Summit in 2005. The heart of this new international norm is the belief that if sovereign governments fail to protect their own people from mass atrocity crimes, then responsibility shifts to the wider international community to take whatever action is appropriate, including (in extreme cases) the use of force. The world cannot, and will not, just stand by. Evens spells out the steps needed to make R2P work in practice and clarifies the misunderstandings, real or contrived, which persist about its scope and limits. He emphasizes the need for preventive action, and for preferring assistance and persuasion to coercion, but he also makes clear when it is right to fight. The book is enlivened throughout by real world examples, analyses of current events, and assessments drawn from the author's own vast experience.
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At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for “the mother of all trials.” Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam’s many crimes should be prosecuted.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
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This volume provides a comprehensive and up-to-date survey of public international law, with useful references throughout to classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more.
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“With all its defects, with all the failures that we can check up against it, the UN still represents man’s best-organized hope to substitute the conference table for the battlefield.”
–Dwight D. Eisenhower, 1961
The signing of the United Nations Charter in 1945 was an unprecedented development in the history of humankind. For the first time, the world’s most powerful sovereign nation states came together to create an autonomous organization designed to, in the Charter’s words, “save succeeding generations from the scourge of war [and] reaffirm faith in fundamental human rights.” Sixty years later, the UN still doggedly pursues that mandate, albeit not without difficulty and certainly not without criticism.
In The Parliament of Man, the distinguished scholar Paul Kennedy gives a thorough and timely history of the United Nations that explains the institution’s roots and functions while also casting an objective eye on the UN’s effectiveness as a body and on its prospects for success in meeting the challenges that lie ahead.
Building on expertise he gained in drafting official reports for the UN’s fiftieth anniversary on how to improve the organization’s performance, Kennedy makes sense of the many commissions and committees, and how its six main operating bodies–General Assembly, Security Council, Economic and Social Council (UNESCO), Trusteeship Council, Secretariat, and International Court–operate and interact. Citing examples from the UN’s history, he shows how the five permanent members of the Security Council–the United States, the United Kingdom, Russia, China, and France–on numerous occasions overcame political antagonisms to spearhead military supervision of aid in humanitarian crises, and how lack of cooperation among the great powers has hamstrung such initiatives as the control of greenhouse gas emissions and exacerbated the deleterious effects of globalization on developing nations’ economies.
As a body, the UN emerges here for what it is: fallible, human-based, oftentimes dependent on the whims of powerful national governments or the foibles of individual senior UN administrators, but utterly indispensable. In The Parliament of Man, Kennedy ably proves that “it is difficult to imagine how much more riven and ruinous our world of six billion people would be if there had been no UN social, environmental, and cultural agendas–and no institutions to attempt to put them into practice on the ground.”