International Law, US Power The United States' Quest for Legal Security

Author: Dr Shirley V. Scott
Publisher: Cambridge University Press
ISBN: 9781107602595
Published In: March 2012
Format: Paperback , 292 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.

• Allows readers to appreciate and understand the attitude of the USA towards international law and how it typically behaves in international negotiations

• Adopts a neutral perspective towards the USA, whereas much of the literature on the topic is partisan

• Interdisciplinary approach speaks to both international lawyers and political scientists

Acknowledgements	viii
Introduction: beyond the myth of the golden age	1
1 The US quest for legal security	9
2 The US pursuit of legal security through the evolution of the international law of dispute resolution	47
3 The US pursuit of legal security through the evolving regime relating to the use of force	92
4 The US pursuit of legal security in substantive policy arenas	132
5 Techniques through which the United States has reconciled its practice of offensive legal security with the principle of sovereign equality	173
6 The practice of offensive legal security in US diplomacy	202
7 The future of US engagement with international law	233
Appendix
Table 1. United States: list of presidents and secretaries of state indicating whether they practised law	249
Table 2. United Kingdom: list of prime ministers and foreign secretaries indicating whether they practised law	253
Table 3. United States: list of chairs of the Senate Committee on Foreign Relations indicating whether they practised law	260
Select bibliography	263
Index	274