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United States Hegemony and the Foundations of International Law

Edited by: Michael Byers, Georg Nolte

ISBN13: 9780521050869
Published: April 2008
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback reissue
Price: £46.99
Hardback edition , ISBN13 9780521819497

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New in Paperback- previously published in hardback in May 2003 Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance.

The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

Public International Law
List of contributors
Introduction: the complexities of foundational change Michael Byers
Part I. International Community:
1. The international community, international law and the United States: three in one, two against one, or one and the same? Edward Kwakwa
2. The influence of the United States on the concept of the ‘International Community’ Andreas Paulus
3. Comments on chapters 1 and 2 Martti Koskenniemi, Steven Ratner and Volker Rittberger
Part II. Sovereign Equality:
4. Sovereign equality: ‘the Wimbledon sails on’ Michel Cosnard
5. More equal than the rest? Hierarchy, equality and US predominance in international law Nico Krisch
6. Comments on chapters 4 and 5 Pierre-Marie Dupuy, Matthias Herdegen and Gregory H. Fox
Part III. Use of Force:
7. The use of force by the United States after the end of the Cold War, and its impact on international law Marcelo G. Kohen
8. Bending the law, breaking it, or developing it? The United States and the humanitarian use of force in the post-Cold War era Brad R. Roth
9. Comments on chapters 7 and 8 Thomas Franck, Jochen Abr. Frowein and Daniel Thürer
Part IV. Customary International Law:
10. Powerful but unpersuasive? The role of the United States in the evolution of customary international law Stephen Toope
11. Hegemonic custom? Achilles Skordas
12. Comments on chapters 10 and 11 Rainer Hofmann, Andrew Hurrell and Rüdiger Wolfrum
Part V. Law of Treaties:
13. The effects of US predominance on the elaboration of treaty regimes and on the evolution of the law of treaties Pierre Klein
14. US reservations to human rights treaties: all for one and none for all? Catherine Redgwell
15. Comments on chapters 13 and 14 Jost Delbrück, Alain Pellet and Bruno Simma
Part VI. Compliance:
16. The impact on international law of US noncompliance Shirley V. Scott
17. Compliance: multilateral achievements and predominant powers Peter-Tobias Stoll
18. Comments on chapters 16 and 17 Vaughan Lowe, David M. Malone and Christian Tomuschat
Conclusion Georg Nolte