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Full-Text Articles in Law
Cold War I, Post-Cold War, And Cold War Ii: The Overarching Contexts For Peacekeeping, Human Rights, And Nato, Michael W. Doyle
Cold War I, Post-Cold War, And Cold War Ii: The Overarching Contexts For Peacekeeping, Human Rights, And Nato, Michael W. Doyle
Faculty Scholarship
Peacekeeping, human rights, and the North Atlantic Treaty Organization (NATO) have flourished in complementary contrast with each other. Their relationship has reflected the constraints and opportunities provided by three geopolitical eras since World War II. The first (the first Cold War) began in about 1948 and lasted until 1988; the second (the Post-Cold War Liberal Primacy) ran from 1989 to around 2012; finally, since 2012 the world has been threatened with the emergence of a second Cold War.
During the first geopolitical era, NATO was the centerpiece of the Western Cold War alliance. However, its importance declined when the Cold …
Is There A General Trend In Constitutional Democracies Toward Parliamentary Control Over War-And-Peace Decisions?, Lori Fisler Damrosch
Is There A General Trend In Constitutional Democracies Toward Parliamentary Control Over War-And-Peace Decisions?, Lori Fisler Damrosch
Faculty Scholarship
My hypothesis is that there is a general trend toward subordinating war powers to constitutional control, and that this trend includes a subtrend toward greater parliamentary control over the decision to introduce troops into situations of actual or potential hostilities. UN peace operations present one variant of a recurring problem for constitutional democracies, as do collective security and collective enforcement operations under the auspices of the United Nations or a regional body such as the North Atlantic Treaty Organization (NATO).
Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Professor Firmage's reaffirmation of the Framers' conception of a President who would wait for congressional instructions appeals to traditional values of democratic control and congressional primacy that have deep roots in our national consciousness. But this model of presidential passivity has some of the same strengths and weaknesses as the advocacy of chastity to solve today's problems of teenage pregnancy and sexually transmitted disease. The basic values may be sound, but when one moves from the assertion of those values to the identification of policy prescriptions, then it becomes clear that contemporary problems are too complex to be solved by …