Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

the possibilities of using law as a control over government action, and to the role for scholars in contributing to policy debate. These differences are too well known to be belabored here. The advent of glasnost' opened the door to a greater degree of debate concerning past, present, and future governmental policies than had ever been the case before. We embarked on our study at a time when glasnost' was in full flower and Soviet literature carried critical discussion to an unprecedented degree.

Criticizing governmental policy is practically second nature for U.S. lawyers. Similar critical attitudes have already emerged in Russia, and there is every reason to expect them to continue. Influencing policy is another matter. International lawyers have not always done their best to make their influence felt, so that international law could become a more effective element in planning and decisionmaking rather than merely a source of argumentation and appraisal after the fact. The causes for this phenomenon are multifaceted and warrant full exploration in both the United States and the newly independent states of the former Soviet Union. Surely the cultivation of respect for law in general cannot be overemphasized:

Beyond doubt a State in which democracy and legality predominate and respect for human rights is ensured can be expected to respect international law in the international arena more than a State in which arbitrariness predominates. Therefore, the existence of the greatest possible number of rule-of-law States which can set the tone of international life is an important prerequisite for the primacy of international law in politics.13

But much more must be done, even in states that have long accepted the principle of the supremacy of law over politics, to ensure that international law is consistently observed and enforced. Policymakers have too often perceived international law as outdated, naive, or irrelevant to their concerns. We offer this experiment in cooperative research in the spirit of attempting to enhance the influence of international law.

Lori Fisler Damrosch

Gennady M. Danilenko

New York, Moscow


Notes
1
Noteworthy among this genre are LOUIS HENKIN, HOW NATIONS BEHAVE ( 2d ed. 1979); and ABRAM CHAYES, THE CUBAN MISSILE CRISIS ( 1974).
2
E.g., G. I. TUNKIN, THEORY OF INTERNATIONAL LAW 3-48 ( 1974).

-xx-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 345

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.