Journal ArticleDOI
The Power of Legitimacy and the Legitimacy of Power: International Law in an Age of Power Disequilibrium
TLDR
The American Society of International Law (ASIL) was founded in 1906 to promote the establishment and maintenance of international relations on the basis of law and justice as discussed by the authors, and the Journal (AJIL) is the Society's principal publication.Abstract:
The American Society of International Law (ASIL), incorporated by Act of Congress in 1950, was founded in 1906 “to promote the establishment and maintenance of international relations on the basis of law and justice.” As we celebrate the centennial of this, the Society’s principal publication, it is appropriate to examine the present and future prospects of this project. Is it still a compelling aspiration in the era of U.S. superpower-dom? The founding of the Society and initiation of the Journal (AJIL) must be seen in the context of the then-prevalent American commitment to the idea that a world of international law and international tribunals would be a natural, even historically inevitable, extrapolation of a good American idea. Speaking in 1890 to the first Pan-American Conference, President Benjamin Harrison congratulated the delegates on formulating a hemispheric arbitration agreement. “We rejoice,” he said, “that you have found in the organization of our Government something suggestive and worthy of imitation.” At The Hague in 1907, Secretary of State Elihu Root, the founding president of the ASIL, called for the creation of an international court “which would pass upon questions between nations with the same impartial and impersonal judgment that the Supreme Court of the United States gives to questions arising between citizens of the different States.”read more
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Posted Content
The Empirical Turn in International Legal Scholarship
Gregory Shaffer,Tom Ginsburg +1 more
TL;DR: The authors present and assesses a new wave of empirical research on international law, focusing instead on exploring the conditions under which international law is created and produces effects, which they call "conditional international law theory".
Journal ArticleDOI
The Empirical Turn in International Legal Scholarship
Gregory Shaffer,Tom Ginsburg +1 more
TL;DR: There is a new empirical turn in international legal scholarship as discussed by the authors, building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts.
Book
Understanding Conflict and Conflict Analysis
TL;DR: In this article, the authors present a system of conflict dynamics Escalation and Entrapment, De-Escalation, and Termination of Conflict Conflict Analysis Framework (CDAF).
Journal Article
Book Review Symposium on "Survival Migration: Failed Governance and the Crisis of Displacement"
Dissertation
The legitimacy and compatibility of use of force (jus ad bellum) in public international law and Islamic international law
TL;DR: In this article, a comparative analysis of the legitimacy of use of force in public international law and Islamic international law is presented, and the results of the assessment demonstrate that these two systems could sit in plural fashion by complementing each other's legitimacy-deficits.
References
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Journal ArticleDOI
The New Interventionism: The Search for a Just International Law
TL;DR: The U.N. Charter is grounded on a premise that is simply no longer valid as discussed by the authors, which is the assumption that the core threat to international security still comes from interstate violence.
Journal ArticleDOI
On the Necessity of Pre‐emption
TL;DR: The authors examines the background of the requirement that pre-emption is restricted to imminent attacks, and argues that the narrow standard properly applies only when a potential victim state can rely on the police powers of the state from which a prospective attack is anticipated.
Journal ArticleDOI
Preemption, Iraq, and International Law
William H. Taft,Todd F. Buchwald +1 more
TL;DR: The use of force preemptively is sometimes lawful and sometimes not as mentioned in this paper, and each use offeree must find legitimacy in the facts and circumstances that the state believes have made it necessary.
Book ChapterDOI
The Security Council's First Fifty Years
TL;DR: The provisions relating to the Security Council in the United Nations Charter of 1995 do not look much different from those in the Charter of 1945 as discussed by the authors, and there is little doubt that the legal modalities of, and constraints upon, Security Council action today are not what they were thought to be in 1945.