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Legal history

2009

University of Georgia School of Law

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Historical American Perspectives On International Law, Harlan G. Cohen Apr 2009

Historical American Perspectives On International Law, Harlan G. Cohen

Scholarly Works

The United States’ relationship with international law, although oft-discussed, is poorly understood. Depictions of the relationship are often little more than caricatures. Depending on when the caricature is drawn, the United States may be a longstanding “champion” of international law, an “exceptionalist” defender of American values, or a hypocritical opponent of international governance. Many traditional histories do little to complicate these views. Focused primarily on foreign affairs law and constitutional war powers, these histories highlight moments of tension between the United States and international law. Missing from these histories of American diplomacy and warcraft, foreign affairs caselaw and doctrinal development …