World Politics and International Law (Duke Press Policy Studies)

Boyle, Francis Anthony

Duke Univ Pr

This work tries to bridge the gap between international lawyers and those political scientists who write about international politics. In the first part, the author discusses the influence of Professor Morgenthau's realist school on the current thinking of political scientists and the abandonment of this school by its originator in the last years of his life. The author concludes that the best way to test the validity of different approaches is to discuss various international crises in the light of contrasting theories and to analyze each situation from both the legal and political points of view. In particular, he tries to ascertain to what extent vital national interests could be accommodated within an international legal framework, or could require a distortion of international rules in order to achieve national objectives.
In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists.
The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict.
The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.

Foreign & International Law

Duke University Press Books

Foundations of World Order: The Legalist Approach to International Relations, 1898–1922

In Foundations of World Order Francis Anthony Boyle provides the first historically comprehensive analysis of U.S. foreign policy regarding international law and organizations. Examining the period from the Spanish American War to the establishment of the League of Nations and the Permanent Court of International Justice, Boyle argues that the international legal framework created at the beginning of the twentieth century not only influenced the course of American foreign policy but also provided the foundation upon which relations among states were built.Although both the League of Nations and the Permanent Court of International Justice were rejected by the U.S. Senate, Boyle shows how the early governance of these institutions—precursors, respectively, to the United Nations and the International Court of Justice—informed later efforts to reduce and regulate transnational threats and the use of military force. Delving into such topics as the United States and its initial stance of neutrality in World War I and its imperial policy toward Latin America and the Caribbean, Boyle offers detailed readings of the relevant treaties, tribunals, and conferences, and assesses the political actors involved. Taking up the legalist point of view, he discusses the codification of customary international law, the obligatory arbitration of international disputes, and the creation of a new regime for the settlement of such disputes. Boyle has provided in Foundations of World Order a compelling portrait of the relationship between political power and law, and of the impact of these forces on U.S. diplomacy. This volume will serve as a valuable resource to students, scholars, and practitioners of international law; it will also be of great interest to historians and political scientists engaged with issues of U.S. foreign policy and diplomatic history.

In Foundations of World Order Francis Anthony Boyle provides the first historically comprehensive analysis of U.S. foreign policy regarding international law and organizations. Examining the period from the Spanish American War to the establishment of the League of Nations and the Permanent Court of International Justice, Boyle argues that the international legal framework created at the beginning of the twentieth century not only influenced the course of American foreign policy but also provided the foundation upon which relations among states were built. Although both the League of Nations and the Permanent Court of International Justice were rejected by the U.S. Senate, Boyle shows how the early governance of these institutions—precursors, respectively, to the United Nations and the International Court of Justice—informed later efforts to reduce and regulate transnational threats and the use of military force. Delving into such topics as the United States and its initial stance of neutrality in World War I and its imperial policy toward Latin America and the Caribbean, Boyle offers detailed readings of the relevant treaties, tribunals, and conferences, and assesses the political actors involved. Taking up the legalist point of view, he discusses the codification of customary international law, the obligatory arbitration of international disputes, and the creation of a new regime for the settlement of such disputes. Boyle has provided in Foundations of World Order a compelling portrait of the relationship between political power and law, and of the impact of these forces on U.S. diplomacy. This volume will serve as a valuable resource to students, scholars, and practitioners of international law; it will also be of great interest to historians and political scientists engaged with issues of U.S. foreign policy and diplomatic history.

As the U.S. War on Terrorism hurtles into uncharted waters, challenging accepted norms of international law and setting a pattern for peremptory state behavior, could a nuclear strike against a non-nuclear "rogue state" become an American option? Could conflicts between other nuclear states such as India and Pakistan go nuclear? The Clinton Administration’s Presidential Decision Directive 60 asserted a U.S. right to target non-nuclear states with nuclear weapons in 1997. But PDD60, as well as nuclear deterrence as a whole -- both the use and threatened use of nuclear weapons -- is illegal under the international law of warfare.In fact, Francis A. Boyle argues in The Criminality of Nuclear Deterrence, the Bush administration’s toying with the use of tactical nuclear weapons in Afghanistan, its intent to proceed with National Missile Defense, to renew nuclear testing and develop "bunker-busting" nuclear weapons will have disastrous impact on existing international efforts to rein in the global nuclear arms race through the Comprehensive Test Ban Treaty, and the Nuclear Non-proliferation Treaty. Already, the Anti-Ballistic Missile Treaty has fallen before its scythe. This book provides a succinct and detailed guide to understanding the arms race from Hiroshima/ Nagasaki through the SALT I, SALT II, ABM and START efforts at arms control, to Star Wars/National Missile Defense, U.S. unilateral abrogation of the ABM Treaty, and events in Afghanistan and beyond. It clarifies the relevant international law, from the Hague Conventions through the Nuremberg Principles to the recent World Court Advisory Opinion, as well as tracing contradictions in and contraventions of domestic guidelines established in the U.S. Army Field Manual of 1956 on The Law of Land Warfare, which remains the official primer for U.S. military personnel concerning the laws of war to which they must regard themselves as subject. More disturbingly, Boyle reviews the intricacies of the foreign policy controversies and objectives which mark the development of American nuclear policy, often pressed forward by civilian administrations seeking to promote their geopolitical agenda over the advice and desires of the American military itself. This book is an effective tool and a "must read" for the burgeoning anti-nuclear and peace movements, church groups, and lawyers defending anti-nuclear resisters. It should also prove instructive for the diplomatic community, and for civilian and military personnel who frame and carry out America’s nuclear policies, who must weigh the possibility of being summoned one day before an international war crimes tribunal.

The Criminality of Nuclear Deterrence

Berrigan, Philip

Arts & Photography

Clarity Press

Argues that the expanded imperialist foreign policy of the United States, a policy characterized by a disregard for international law, is responsible for much of the world's view of the U.S. as a major threat to global peace.

Destroying World Order

History

Americas

This book outlines how and why the United States government initiated,sustained and then dramatically expanded an illegal biological arms buildup.Most significantly, U.S. expert Francis A. Boyle reveals how the new billion-dollar U.S. Chemical and Biological Defense Program has been reorientatedto accord with the Neo-Conservative pre-emptive strike agenda—this time bybiological and chemical warfare.Linking U.S. biowarfare development to the October 2001 anthrax attack onCongress—the most significant political attack on the constitutionalfunctioning of democracy in the United States in recent history—Boyle shedsnew light on the motives for the attack, the media black hole of silence intowhich it has fallen, and why the FBI may never apprehend the perpetrators ofthis seminal political crime of the 21st century.Biowarfare and Terrorism should raise public concern at what the vastlyexpanded US biowarfare research and purported civilian preparednessprograms hold in store for America—and the extent to which the Bushadministration is prepared to pursue them, irrespective of their incitement toa global biowarfare arms race, and likely exposure of the American people tofuture accidents and reprisals.

Biowarfare and Terrorism

Military

Clarity Press, Inc.

Provides legal information to individuals to help them design a legal defense for actions of civil resistance intended to halt destructive government activities that violate international law. Has a special section relating to nuclear weapons activities.

Defending Civil Resistance Under International Law

Transnational Pub Inc

This in-depth analysis, based on the implicit connection between the basic principles of international law and the effective practice of international relations by a constitutional democracy with a commitment to the rule of law, takes into account the diversity of viewpoints held by the different states and peoples of the world community to provide a global perspective. Published under the Transnational Publishers imprint.

The Future of International Law and American Foreign Policy

Martinus Nijhoff

In re: More Than 50,000 Nuclear Weapons : Analyses of the Illegality of Nuclear Weapons Under International Law

Aletheia Pr

See the best price to sell, buy, or rent books by Boyle, Francis Anthony. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Boyle, Francis Anthony

See the best price to sell, buy, or rent books by Boyle, Francis Anthony. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

World Politics and International Law (Duke Press Policy Studies)

World Politics and International Law (Duke Press Policy Studies)

Foundations of World Order: The Legalist Approach to International Relations, 1898–1922

Foundations of World Order: The Legalist Approach to International Relations, 1898–1922

The Criminality of Nuclear Deterrence

Destroying World Order

Biowarfare and Terrorism

Defending Civil Resistance Under International Law

The Future of International Law and American Foreign Policy

In re: More Than 50,000 Nuclear Weapons : Analyses of the Illegality of Nuclear Weapons Under International Law