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Download Defending the Society of States: Why America Opposes the by Jason Ralph PDF

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By Jason Ralph

This publication is likely one of the first to deal with the problems raised by way of the overseas legal courtroom (ICC) from a global family viewpoint. via essentially outlining a theoretical framework to interpret those concerns, Ralph makes an important contribution to the English School's examine of foreign society. extra particularly, he bargains a concise definition of "world society" and therefore is helping to solve a longstanding challenge in overseas thought. This groundbreaking conceptual paintings is supported via an in-depth empirical research of yankee competition to the ICC. Ralph is going past the ordinary arguments regarding nationwide pursuits and argues that the courtroom has uncovered the level to which American notions of responsibility are tied to the geographical region. the place different democracies are prepared to renegotiate their social agreement simply because they see themselves as a part of international society, the U.S. protects its specific agreement with "the humans" since it bargains a way of distinguishing the US and its democracy from the remainder of the area. This "sovereigntist", or extra competently "Americanist", impact is extra illustrated in chapters at the assets of legislations, common jurisdiction, transatlantic relatives and US coverage on overseas humanitarian legislations within the struggle on terror. The booklet concludes by means of evoking E.H. Carr's feedback of these nice powers who declare concord exists among their specific pursuits and people of wider society. It additionally recollects his argument that fab powers occasionally have to compromise and during this context, Ralph argues that aid for the ICC is a more suitable technique of pleasurable America's goal and a more cost-effective sacrifice than that demanded by means of the "Americanist" coverage of nation-building.

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Additional resources for Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

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32 Consent and Custom as Sources of Law SOVEREIGN CONSENT AS THE FOUNDATION OF INTERNATIONAL LAW The idea that international law can only evolve with the consent of sovereign states is closely associated with the idea that an individual’s freedom is realized in, and protected by, particular political communities. For Vattel, nature had created a universal society of humankind, yet man’s needs were met sufficiently within particular states. 5 Fundamental to a ‘well-ordered society’ is the Constitution.

In other words, the United States defends the society of states against the vision of world society articulated in the Rome Statute because the society of states enables nationalists to perpetuate a preferred image of ‘America’ and it helps Realists advance America’s national interests. To develop this argument, the book adopts the following chapter outline. Chapter 2 begins by explaining the moral purpose of legal positivism. In the Vattelian approach, legal positivism helps to protect individual liberty by maintaining the integrity of the social contract between ‘the people’ and their sovereign.

Indeed, Carr would no doubt have had the example of the New Deal in his mind when formulating this argument. It is argued in Chapter 8 that US policymakers would do well to recall this kind of internationalism because the policy of opposing the Court is not only harming America’s international credibility, it is also exacting unsustainable material costs. In other words, the alternatives proposed by the Bush administration have been shown to be too expensive in political, financial and, most importantly, in human terms.

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