Will Donald trump international law? Since Trump's Administration took office, this question has haunted almost every issue area of international law. One of our leading international lawyers-a former Legal Adviser of the US State Department, Assistant Secretary of State for Human Rights, and Yale Law Dean-argues that President Trump has thus far enjoyed less success than many believe, because he does not own the pervasive "transnational legal process" that governs these issue areas. This book shows how those opposing Trump's policies during his administration's first two years have successfully triggered that process as part of a collective counter-strategy akin to Muhammad Ali's "rope-a-dope." The book surveys immigration and refugee law, human rights, climate change, denuclearization, trade diplomacy, relations with North Korea, Russia and Ukraine, America's "Forever War" against Al Qaeda and the Islamic State, and the ongoing tragedy in Syria. Koh's tour d'horizon illustrates the many techniques that players in the transnational legal process have used to blunt Trump's early initiatives. The high stakes of this struggle, and its broader implications for the future of global governance-now challenged by the rise of populist authoritarians-make this exhausting counter-strategy both worthwhile and necessary.

The Trump Administration and International Law

Koh, Harold Hongju

Foreign & International Law

Oxford University Press

The National Security Constitution: Sharing Power after the Iran-Contra Affair (Yale Fastback Series)

Was the Iran-Contra affair caused by executive lawlessness or legislative folly? Or did it result instead from structural defects in our national security decision-making system? In this important new book, Harold Koh argues that the affair was not aberrational but symptomatic of a chronic dysfunction in America’s foreign policy process. Combining practical knowledge of government with insights from law, history, and political science, Koh presents the definitive historical and constitutional analysis of the Iran-Contra affair, the subsequent investigations, and the trial of Oliver North. He then discusses the implications of the Iran-Contra scandal for the constitutional conduct of national security policy and offers prescriptions to improve this decision-making system. Koh contends that the Iran-Contra affair arose not from Watergate, as many have claimed, but from Vietnam, for it was only the latest episode in a series of foreign policy decisions made by unrestrained executive discretion. Koh shows that throughout its history America has operated under a ‘National Security Constitution,’ a constitutionally defined national security process that views that administration of foreign affairs as a power shared by the president, Congress, and the courts. Yet the executive branch has increased its role in making foreign policy at the expense of the other branches, placing in jeopardy this vision of constitutional balance. Koh advocates a national security charter to reform the foreign policy-making process and offers innovative proposals about war powers, international agreements, emergency economic powers, intelligence oversight, and information control. His proposals would restrain the executive and restore and reinvigorate the constitutional roles of Congress and the federal judiciary in national security decision-making. This challenging book forces government decision-makers, scholars, and concerned citizens to reexamine the process by which the United States will conduct its foreign affairs into the next century.

History

Americas

Yale University Press

In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino’s work.The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?

Deliberative Democracy and Human Rights

Politics & Social Sciences

Philosophy

The National Security Constitution in the Twenty-First Century

Transnational Business Problems, Second Edition, focuses on European Union countries and other developing state economies and the principles and practices of international business. It provides exercises in dealing with developing economies, economies with currency problems, with immature legal systems, and with governments susceptible to corruption. It introduces students to the subject of taxes as they relate to international business.

Transnational Business Problems (University Casebook)

Vagts, Detlev F.

Dodge, William Sumner

Foundation Pr

This book bridges the two topics of international law and international politics. The book may be used in a variety of ways -- as a supplement to a casebook in an introductory course in international or transnational law, or as a reader in an advanced course or seminar on international law.

Foundations Of International Law (Foundations of Law)

Hathaway, Oona Anne

The Fifth Edition Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 700 pages, this compact book is ideal for a one-semester course. 
<ul>
<li>One volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume.</li>
<li>Deals with Systemic Issues First. Transnational Business Problems considers systemic issues first. Five introductory chapters discuss the structure of the international system, the different players in international business―corporations, lawyers, international institutions―and issues that reach across all kinds of transactions such as dispute resolution and tax.</li>
<li>Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract.</li>
<li>Sophistication. The book uses primary source materials―draft contracts, statutes, regulations, treaties, cases, and arbitral awards―that allow students, with help from the text, to work through issues in a realistic way. It goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt.</li>
<li>Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, South America, Mexico, and the Middle East. Materials from other parts of the world are included in the introductory chapters.</li>
<li>Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster’s International Transactions and evolved into Henry Steiner and Detlev Vagts’s Transnational Legal Problems. This book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process.</li>
<li>Fully Updated. The Fifth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2014. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.</li>
</ul>

Transnational Business Problems, 5th (University Casebook Series)

Buxbaum, Hannah

Dodge, William S.

Foundation Press

Democracia deliberativa y derechos humanos

Gedisa

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Books by Koh, Harold Hongju