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Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato
A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato
Faculty Working Papers
If any one sentence about international law has stood the test of time, it is Louis Henkin's: "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time." If this is true, why is this true? What makes it true? How do nations invent rules that then turn around and bind them? Are international rules simply pragmatic and expedient? Or do they embody values such as the need for international cooperation? Is international law a mixed game of conflict and cooperation because of its rules, or do its rules make …
Is International Law Part Of Natural Law?, Anthony D'Amato
Is International Law Part Of Natural Law?, Anthony D'Amato
Faculty Working Papers
The affinity of international law to natural law goes back a long way to the classic writers of international law. "Natural law" is the method of dispute resolution based on a conscious attempt to perpetuate past similarities in dispute resolution. "International law" has a deep affinity to this natural law method, for it consists of those practices that have "worked" in inter-nation conflict resolution.
Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato
Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato
Faculty Working Papers
Churchill had been given at least forty-eight hours' warning that Coventry would be hit. He could have warned the people of Coventry of the impending attack. Yet Churchill determined that any advance warning to the people of Coventry would have enabled the Germans to deduce that their top secret code had been broken. The coded intercepts provided evidence of the Holocaust in progress. Other ways to reveal information that could have by-passed the code system existed, thus providing warning to the public while maintaining a strategic advantage. The international law of genocide would have to develop to go beyond intentional …
There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato
There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato
Faculty Working Papers
Comments on Prof. Jianming Shen's position that humanitarian intervention is unlawful under international law and that there is a principle of non-intervention in international law that is so powerful that it amounts to a jus cogens prohibition.
The Moral And Legal Basis For Sanctions, Anthony D'Amato
The Moral And Legal Basis For Sanctions, Anthony D'Amato
Faculty Working Papers
In order to analyze the moral and legal basis for sanctions in international relations, we have to begin at a stage where there is no centralized government in place. We first need to get a picture of the range of possible sanctions. Next, we need to see what role sanctions play in the international system. Finally, we turn to the intertwined moral and legal considerations that make well-designed sanctions efficacious in today's world. The fundamental objective of sanctions in interstate relations is to make it expensive for a target state to refrain from doing what the sanctioning state wants it …
World Conferences And The Cheapening Of International Norms, Anthony D'Amato
World Conferences And The Cheapening Of International Norms, Anthony D'Amato
Faculty Working Papers
As long as we understand that world conferences only address problems, we will not be disappointed in them. We will only be disappointed if we think that a world conference is supposed to solve problems. Is there any point in getting a lot of people together, at great expense, just to address a problem without any prospect of solving it? My answer is a qualified yes. A world conference is a cultural artifact. It has an impact upon our collective sense of civilization.