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The Power of Legitimacy among Nations
Although there is no international government, and no global police agency enforces the rules, nations obey international law. In this provocative study, Franck employs a broad range of historical, legal, sociological, anthropological, political, and philosophical modes of analysis to unravel the mystery of what makes states and people perceive rules as legitimate. Demonstrating that virtually all nations obey most rules nearly all of the time, Franck reveals that the more legitimate laws and institutions appear to be, the greater is their capacity for compliance. Distilling those factors which increase the perception of legitimacy, he shows how a community of rules can be fashioned from a system of sovereign states without creating a global leviathan.
Fairness in International Law and Institutions
Professor Franck offers a compelling view of the future of international legal reasoning and legal theory. His critical analysis of the norms and institutions of modern international law inspires hope that advances will be made at all levels.
Recourse to Force
The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.
The Empowered Self
This book examines the historic trend to individualism and shows why it is both irreversible and unthreatening to our sense of community. As people become free to choose the multiple components of their identity---religion, nationality, profession, sexuality-they take advantage of their new freedom, and the communications revolution, to form a freely chosen affiliations. While these may no longer be based primarily on geography and genetics, they nevertheless generate powerful new imagined communities that will affect the way we live, work, and love.
Law and Practice of the United Nations
Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subje...
Word Politics
An incisive full-scale analysis of the use and misuse of verbal strategy in international affairs. Shows that the method a state uses to explain the principles behind its actions may be as strategically important as the actions themselves.
Legitimacy in International Law
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Secretary or General?
The Secretary-General of the United Nations is a unique figure in world politics. At once civil servant, the world's diplomat, lackey of the UN Security Council, and commander-in-chief of up to a hundred thousand peacekeepers, he or she depends on states for both the legitimacy and resources that enable the United Nations to function. The tension between these roles - of being secretary or general - has challenged every incumbent. This book brings together the insights of senior UN staff, diplomats and scholars to examine the normative and political factors that shape this unique office with particular emphasis on how it has evolved in response to changing circumstances such as globalization and the onset of the 'war on terror'. The difficulties experienced by each Secretary-General reflect the profound ambivalence of states towards entrusting their security, interests or resources to an intergovernmental body.
Striking First
Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and th...
