Legal unilateralism

The Wars on Terrorism and Iraq: Human Rights, Unilateralism and US Foreign Policy

Volumn , Issue , 2004, Pages 188-208

  Alvarez, José E ^a  

^a The Earth Institute at Columbia University   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84906615725     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.4324/9780203421048     Document Type: Chapter

References (48)

1. Compare Charles A. Kupchan, "The End of the West," Atlantic Monthly, November 2002, p. 42
2. suggesting a looming transatlantic "clash of civilizations") to Joseph P. Quinlan, Drifting Apart or Growing Together? The Primacy of the Transatlantic Economy (Washington: Center for Transatlantic Relations, 2003), http://sais-jhu.edu/trans atlantic/Quinlan%20Text.pdf (suggesting that economic ties are likely to remain the basis of a solid transatlantic alliance), as well as Chantal de Jonge Oudraat in this volume.
3. See, for example, José E. Alvarez, "Promoting the 'Rule of Law' in Latin America:Problems and Prospects," George Washington Journal of International Law and Economics 25, no. 2 (1991), p. 281.
4. See, for example, Anne-Marie Slaughter, "Good Reasons for Going around the U.N.," New York Times, March 18, 2003, p. A33
5. W. Michael Reisman, "Assessing Claims to Revise the Laws of War," American Journal of International Law 97, no. 1 (2003), p. 82
6. Ruth Wedgwood, "Strike at Saddam Now," National Law Journal, October 28, 2002
7. Michael F. Glennon, "Why the Security Council Failed," Foreign Affairs 82, no. 3 (May-June 2003), p. 16.
8. See also Paul Schott Steven, Andru E. Wall, and Ata Dinlenc, "The Just Demands of Peace and Security: International Law and the Case against Iraq" (The Federalist Society for Law and Public Policy Studies White Papers: 2003), http://www.fed-soc.org/War%20on%20Terror/iraqfinal- web.pdf.
9. For a defense of the U.S. war on the Taliban against European skeptics, see Thomas M. Franck, "Terrorism and the Right of Self-Defense," American Journal of International Law 95, no. 4 (2001), p. 839.
10. For reflection of the prevailing public sentiments in the U.S., see, "Iraq and International Law," Washington Times, March 14, 2003, p. A22.
11. For discussion of these disputes over U.S. treaty practices, see, for example, David M. Malone and Yuen Foong Khong, eds., Unilateralism and U.S. Foreign Policy (Boulder, CO and London: Lynne Rienner, 2003), particularly chapters by David M. Malone, Yuen Foong Khong, Nico Krisch, and Rosemary Foot.
12. See, for example, Douglass W. Cassel, "Ignoring the World Court," Chicago Daily Law Bulletin, 10 January 2002, p. 6
13. See, for example, "Russia, France, Germany say Iraq War Illegal," Reuters, March 20, 2003, http://www.gazeta.ru/2003/03/20/RussiaFrance.shtml.
14. Joantha Freedland, "Patten Lays into Bush's America: Fury at President's 'Axis of Evil' Speech," The Guardian, February 9, 2002, Guardian homepages, p. 1
15. "French FM Renews Attack on U.S. Foreign Policy," Agence France Presse, March 1, 2002.
16. For an explanation of the deepening European commitment to enforcing international human rights within Europe that relies on "liberal" theory, see Andrew Moravcsik, "The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe," International Organizations 54, no. 2 (2000), p. 217.
17. See Robert O. Keohane, "International Relations and International Law: Two Optics," Harvard International Law Journal 38, no. 2 (1997), p. 487
18. Alexander Wendt, "Constructing International Politics," International Security 20, no. 1 (1995), p. 5.
19. Dupuy, "The Place and Role," p. 23.
20. See, generally, José E. Alvarez, "Multilateralism and Its Discontents," European Journal of International Law 11, no. 2 (2000), p. 393 (questioning the value, legitimacy or efficacy of a number of multilateral initiatives).
21. W. Michael Reisman, "Unilateral Action and the Transformations of the World Constitutive Process: The Special Problem of Humanitarian Intervention," European Journal of International Law 11, no. 1 (2000), p. 5, n. 2.
22. Ruth Wedgwood, "Unilateral Action in the U.N. System," European Journal of International Law 11, no. 2 (2000), pp. 352-9.
23. Allan Gerson, "Multilateralism à la Carte: The Consequences of Unilateral 'Pick and Pay' Approaches," European Journal of International Law 11, no. 1 (2000), p. 61
24. Kenneth Anderson, "The Ottawa Convention Banning Landmines, the Role of International Non-Governmental Organizations and the Idea of International Civil Society," European Journal of International Law 11, no. 1 (2000), p. 91. For completely different European reactions to these issues, see
25. Francesco Francioni, "Multilateralism à la Carte: The Limits to Unilateral Withholdings," p. 43
26. Peter Malanczuk, "The International Criminal Court and Landmines: What Are the Consequences of Leaving the U.S. Behind?" European Journal of International Law 11, no. 1 (2000), p. 77.
27. James C. Hathaway, "America, Defender of Democratic Legitimacy?" European Journal of International Law 11, no. 1 (2000), pp. 127-31.
28. See, generally, "Symposium on Method in International Law," American Journal of International Law 93, no. 2 (1999), p. 291 (surveying several of these interdisciplinary approaches). For an introduction to the predominant European "positivist" approach to international law, see
29. Bruno Simma and Andreas L. Paulus, "The Responsibility of Individuals for Human Rights Abuses in Internal Conflicts: A Positivist View," American Journal of International Law 93, no. 2 (1999), p. 302.
30. See, for example, David Kennedy, "The Disciplines of International Law and Policy," Leiden Journal of International Law 12 (1999), pp. 9, 26.
31. See, for example, Paul W. Kahn, "Speaking Law to Power: Popular Sovereignty, Human Rights, and the New International Order," Chicago Journal of International Law 1, no. 1 (2000), p. 3.
32. See Kahn, "Popular Sovereignty," p. 4.
33. See Reisman, "Unilateral Action in the U.N. System," p. 6.
34. John R. Bolton, "Is There Really 'Law' in International Affairs?" Transnational Law and Contemporary Problems 10, no. 1 (2000), p. 1.
35. See, for example, Karen J. Alter, Establishing the Supremacy of European Law (New York:Oxford University Press, 2001)
36. Ernst-Ulrich Petersmann, "Constitutionalism and International Adjudication: How to Constitutionalize the U.N. Dispute Settlement System?" NYU Journal of International Law and Politics 31, no. 4 (1999), p. 753.
37. See, generally, A.H. Robertson and J.G. Merrills, Human Rights in Europe: A Study of the European Convention on Human Rights, 4th edition (Manchester: Manchester University Press, 2001)
38. J.G. Merrills, The Development of International Law by the European Court of Human Rights, 2nd edition (Manchester: Manchester University Press, 1993).
39. See José E. Alvarez, "Do Liberal States Behave Better? A Critique of Slaughter's Liberal Theory," European Journal of International Law 12, no. 2 (2001), pp. 220-3.
40. See, for example, Jonathan Fenby, "Interpol Asked to Probe Chirac Dealings with Saddam Regime," The Business, May 4, 2003, p. 10 (suggesting France ignored aspects of the U.N. sanctions regime). And Europeans, like Americans, have not given direct effect to many of their international legal commitments outside of those undertaken within the European Union.
41. Abram Chayes and Antonia Chayes, The New Sovereignty (Boston, MA: Harvard University Press, 1995), p. 27.
42. See, for example, Kahn, "Popular Sovereignty," p. 3.
43. See Erika de Wet and Andre Nollakemper, "Review of Security Council Decisions by National Courts," German Yearbook of International Law 45 (2002), p. 166 (discussing problems with the Council's counter-terrorism efforts).
44. See, generally, Martti Koskenniemi, "The Police in the Temple," European Journal of International Law 6, no. 3 (1995), p. 325.
45. See Gerry Simpson, Unequal Sovereigns: Great Powers and Outlaw States in the International Legal Order (London: Cambridge University Press, forthcoming January 2004).
46. See, generally, Jules Lobel and Michael Ratner, "Bypassing the Security Council:Ambiguous Authorizations to Use Force, Cease-fires and the Iraqi Inspection Regime," American Journal of International Law 93, no. 1 (1999), p. 124
47. de Wet and Nollakemper, "Review" Philip Alston, uot;The Security Council and Human Rights:Lessons to be Learned from the Iraq-Kuwait Crisis and its Aftermath," Australian Year Book of International Law 13 (1992), p. 107.
48. See, for example, Lobel and Ratner, "Bypassing the Security Council," pp. 151-2 (discussing how U.S.-U.K. attempts to secure Council authorization to use force against Iraqi targets failed in late 1997 and early 1998 due to widespread opposition from other members of the Council, leading to U.S. arguments that specific Council authorization or a finding of "material breach" was unnecessary).