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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 …
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
The Neo-Positivist Concept Of International Law, Anthony D'Amato
The Neo-Positivist Concept Of International Law, Anthony D'Amato
Faculty Working Papers
The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.