The assault on international law / / Jens David Ohlin.
"International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became offici...
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Place / Publishing House: | New York, New York : : Oxford University Press,, 2015. |
Year of Publication: | 2015 |
Language: | English |
Online Access: | |
Physical Description: | 1 online resource (304 pages) |
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Table of Contents:
- Machine generated contents note:
- PROLOGUE: DRAMATIS PERSONAE
- 1. The Office of Legal Counsel
- 2. The Emergence of the New Realists
- 3. Conclusion
- CHAPTER ONE: GAMING THE FEDERAL COURTS
- 1. The Erie Doctrine 2.0
- 2. The Filartiga Era: Enforcing International Law at Home
- 3. Filartiga's Demise, Parochialism's Rise
- 4. The New Realists go to Washington
- 5. International Law as Interpretive Guidance
- 6. Conclusion
- CHAPTER TWO: PRESIDENTS AND LEVIATHANS
- 1. Public Opinion and Law
- 2. Presidential Power: The New Realist's Normative Argument
- 3. Democratic Decision-making versus Schmittology
- 4. Executive Action During Emergencies
- 5. Why Schmittian Administrative Law is Not Inevitable
- 6. Conclusion
- CHAPTER THREE: THE ATTACK: MISUNDERSTANDING RATIONALITY
- 1. The Game Theory Game
- 2. The Prisoner's Dilemma and Nash Equilibrium
- 3. Law and Self-Interest
- 4. Objections to the Moral Obligation of States
- CHAPTER FOUR: SOLVING THE PRISONER'S DILEMMA OF INTERNATIONAL LAW
- 1. The Toxin Puzzle and Taking the Long View
- 2. The Deterrence Paradox and the Limits of Follow-Through
- 3. Assurances and Cooperation
- 4. Why the New Realists Fail to Understand Rationality
- 5. Rationality and Obligation
- CHAPTER FIVE: WAR AS COOPERATION
- 1. War as Cooperation
- 2. Who can be Targeted? Combatants, Civilians, and CCFers
- 3. Geographical Constraints on Armed Conflict
- 4. Co-Applying the Laws of War with Human Rights
- CHAPTER 6: REENGAGING INTERNATIONAL INSTITUTIONS
- 1. Global Legalism vs. Rational Choice: A False Dichotomy
- 2. Does Globalization Need Taming?
- 3. The United Nations
- 4. The International Court of Justice
- 5. The International Criminal Court.