The United States and the Rule of Law in International Affairs

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September 2004



The United States has often proclaimed its support for the rule of law in international affairs, but has found it increasingly difficult to adhere to it in practice. John Murphy shows the wide-ranging difficulties standing in the way of US adherence to the rule of law. The book also examines the reasons for the declining US support for the international institutions it was instrumental in creating, and US unwillingness to support new initiatives in international law which enjoy the support of most other members of the world community.


1. Introduction; 2. The status of international law under US law; 3. UN dues; 4. Use of force; 5. Arms control, disarmament, non-proliferation and safeguards; 6. Law of the sea; 7. The international court of justice; 8. Prevention, prosecution, and punishment of international crimes; 9. Human rights and international environmental issues; 10. Summary and conclusions and some possible future scenarios.


John F. Murphy is Professor of International Law and Business, Villanova University School of Law, Pennsylvania. He is author or editor of numerous books and monographs and has served as a consultant to the US Departments of State and Justice, the American Bar Association Committee on Law and National Security and the United Nations Crime Bureau. He is currently the American Bar Associations' Alternative Observer at the US Mission to the United Nations.


'Professor Murphy has written a thoughtful, intellectually rigorous, readily accessible overview of the relationship between the United States and contemporary international law. This volume provides a superb starting point for those seeking to understanding the role of the sole superpower in today's global legal order.' Michael Byers, University of British Columbia 'Professor Murphy's book will be essential reading for all who wish to understand the complex interaction between international law and US foreign policy. At a time when the US commitment to international law and cooperation is being widely questioned, his informed, insightful and balanced discussion is an important and much-needed contribution.' Richard B. Bilder, Foley and Lardner Emeritus Professor of Law, University of Wisconsin Law School 'The US view of international law has been confused and inconsistent. Is it a tool in the conduct of foreign policy, or an encumbrance? Or is international law simply irrelevant for The Superpower? John Murphy's book provides essential insight. Free of the polemic that usually infects this debate, it is comprehensive, exhaustively researched, eminently objective, and readable. This is a book that everyone interested in US foreign policy should read.' Arthur T. Downey, former lawyer, State Department and former staff member, National Security Council 'No other work has attempted to assess in such detail the role of international law within the process of US foreign policy making. In this respect, the book supplies an excellent, relevant treatment of policy and legal process at its best. The analysis is timely as it incisively treats the implications that international law holds for US foreign policy in the early 21st century..' Christopher C. Joyner, Georgetown University 'This book will be enormously valuable to anyone seriously interested in understanding the historical context - and future implications - of current official American views on the proper role of law in international affairs. John Murphy covers this ground issue by issue, interspersing fact and commentary from a wide range of sources with his own solid and balanced analysis' John Lawrence Hargrove, former Director of Studies and Executive Vice President, American Society of International Law '... a balanced account of the difficulties faced by the United States ...'. The Times (Law) 'This is the first book-length volume to offer a sustained analysis of the contemporary relationship between the US and international law. ... a welcome and important addition to the discussion about the relationship between the US and international law. It covers a range of legal issues in detail and provides a balanced, though very legalist, account that subtly blends the two main poles in this debate.' International Affairs 'In her important and, likely to be, influential, new book, Anne-Marie Slaughter is unabashed about naming the potential reformers ...' Finnish Yearbook of International Law
EAN: 9780521529686
ISBN: 0521529689
Untertitel: New. Sprache: Englisch.
Erscheinungsdatum: September 2004
Seitenanzahl: 378 Seiten
Format: kartoniert
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