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International Law And The Rise Of China, John C. Yoo, Eric Posner
International Law And The Rise Of China, John C. Yoo, Eric Posner
John C Yoo
The rise of China raises questions about the future of international law. The current system of international law depends largely on American hegemony, along with the dominance of western European states that share America's general goals and values. It is possible that China in the future will not threaten this system, either because China comes to share these goals and values or because China breaks apart. But the more likely scenario is that China will compete with the U.S. for regional and then global influence. We argue that in such a world the current system of international law will not …
Force Rules, John C. Yoo
Force Rules, John C. Yoo
John C Yoo
This piece criticizes U.N. proposals to reform the international legal rules on the use of force. While they properly identify threats to international peace and security as arising outside the context of great power warfare, they make it even more difficult for nations to address these new challenges. They codify a rule that gives the Security Council complete authority over all uses of force short of national self-defense, rather than providing nations with flexibility. They expand the size of the Security Council, which will only aggravate the body's collective action troubles in authorizing force. Reform should begin by modifying the …
Rational War And Constitutional Design, John C. Yoo, Jide Nzelibe
Rational War And Constitutional Design, John C. Yoo, Jide Nzelibe
John C Yoo
Contemporary accounts of the allocation of war powers authority often focus on textual or historical debates as to whether the President or Congress holds the power to initiate military hostilities. In this Essay, we move beyond such debates and instead pursue a purely functional or comparative institutional analysis of the relationship between Congress and the President on war powers. More specifically, we focus on the following question: Which war powers system would best enhance the effectiveness of the United States in making decisions on war and peace? Our answer draws on one of the few facts considered to be close …