With inevitable major economic and political transformations ahead, NGOs need to acknowledge and manage their policy dilemmas so that they can anticipate the many inevitable problems that consistently arise in attempting to avoid the return of war by building peace over the medium to long-term
This book evaluates the experience of official torture of France in Algeria, as well as recently, the United States since 9/11, Israel against Palestinians, and Argentina during its "Dirty War" from 1972 to 1983. While evaluating what information was gained from torture, the book also shows the costs of undertaking this approach to interrogating suspected terrorists. Reaping What You Sow: A Comparative Examination of Torture in France, Argentina, Israel, and the United States presents a new angle in the study of this controversial practice by studying how these countries attempt to account for these secret practices and reform future interrogations against this universal crime. It also analyzes the costs of torture, whether in terms of intelligence gaffes or alienating potential supporters and enemies alike, creating strategic dilemmas in the war on terrorism. Adopting a comparative approach, the book studies questions like: What is the harm (or benefit) to the state once the torture becomes known? What are the political and strategic ramifications? Does torture help win wars? Can the use of torture bring about any lasting or beneficial reforms? These are daring questions seldom pondered. In asking them, this book will help to foster a discussion that is long overdue. The author concludes that ex-authoritarian regimes like Argentina's junta and France's colony in Algeria have reduced torture more than democracies. These authoritarian regimes collapsed, and new democratic regimes ultimately discredited their predecessors' torture. Despite many zigzags in amnesty, Argentina was more scandalized by torture of its citizens and improved more than France because the latter's subsequent, Fifth Republic regime was more similar to the Fourth, protecting many torturers with a permanent amnesty. Continuous democracies like the United States and Israel have only reduced their worst torture, while "torture lite" continues without accountability. The same elected officials and security agency personnel and prerogatives have largely remained without any legal discipline for their past, secret, criminal practices. The United States and Israel continue to innovate, hide, and resume torture with discretion because the various new, legislative, judicial, and executive checks and balances amount to wishful legal statements. Democracies need permanent accountability mechanisms to assure that security services abolish torture in practice. Otherwise, torture will continue to generate more terrorists without generating information that is consistently reliable.
This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Menard begins with the leading hypotheses (such as that the earth expands) and the supporting evidence for each. He traces the crucial work of the 1960s year by year as researchers debated hypotheses in correspondence and at frequent meetings. Throughout the book Professor Menard considers the implications of his story for the sociology of science and the goals of scientific research. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Non-governmental organizations (NGOs) have emerged as crucial actors in peacebuilding processes in post-conflict zones, contributing to the liberal state building project. NGOs, like any other organizations, have certain strengths and weaknesses, and face tradeoffs and contradictions in peacebuilding. Given increasing NGO experience in peacemaking and peacebuilding, this volume examines their relatively positive record, as well as the constraints, limitations, and sometimes contradictory impact of their activities and interventions.
Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge’s decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.
This title examines the roles and new opportunities arising from the increasing participation of non-governmental organizations (NGOs) in peace-making, peacekeeping and peace-building processes, both formal and informal, state-sponsored and unofficial. Drawing on both academic experts and activists, this study brings together contributions from those who have observed how NGOs have sought to reflect civil society concerns, provide humanitarian relief, monitor compliance with international norms and treaty requirements, and disseminate information of concern to advocacy networks. A critical appraisal of the opportunities and constraints of NGOs is provided alongside the examination of the NGOs role in the "new agendas" for peace.
John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
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