Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser

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Overview

Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book. Click here to watch a video of the authors talking about their book on C-SPAN Book TV on Saturday, February 6, 2010.

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Editorial Reviews

From the Publisher
"The State Department Legal adviser heads the most important office in the world for the practice of public international law. This book describes, in their own words, how ten Legal Advisers confronted the salient issues of their tenure. It is a remarkably revealing account of international law in action."
—Stephen M. Schwebel, Former Judge and President of the International Court of Justice

"The State Department legal adviser is the custodian of America's legal relationship with the world, the self-described moral conscience of U.S. foreign policy. In this unique and fascinating book, past legal advisers make a compelling case that a great many debacles of the past 30 years - from the mining of Corinto Harbor to the torture of terror suspects — could have been averted if Presidents sought the legal adviser's counsel before acting."
—Roy Gutman, Pulitzer Prize winner and Foreign Affairs Editor of McClatchy Newspapers

"The absorbing insider accounts of the ten former State Department Legal Advisers contained in this book cover most of the critical foreign policy issues that have confronted the United States during the past three decades. It's a fascinating page turner and an extraordinary testimonial to the importance of international law."
—Richard Goldstone, Former Chief Prosecutor of the International Criminal Tribunals for the Former Yugoslavia and Rwanda, and Justice of the Constitutional Court of South Africa

"Drawing on a remarkably frank and captivating discussion with ten former US State Department Legal Advisers, this book demonstrates why it is so important for the leading powers to set an example by working within the law and abiding by it."
—Ambassador Hans Corell, Former UN Under-Secretary-General for Legal Affairs

"This riveting volume deserves a wide readership. It is a wonderful collection of insights, shedding light into the vital and influential role of State Department Legal Adviser, a position that can make or break international perceptions of the United States."
—Philippe Sands QC, University College London, author of Torture Team

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Product Details

  • ISBN-13: 9780521167703
  • Publisher: Cambridge University Press
  • Publication date: 2/28/2010
  • Edition description: New Edition
  • Pages: 332
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.80 (d)

Meet the Author

Michael P. Scharf is the John Deaver Drinko Baker & Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law. In February 2005, Scharf and the Public International Law and Policy Group, a nongovernmental organization he co-founded with Paul Williams, were nominated for the Nobel Peace Prize. Scharf served in the Office of the Legal Adviser of the U.S. Department of State during the elder Bush and Clinton administrations. He is the author of more than seventy scholarly articles and twelve books, including The International Criminal Tribunal for Rwanda, which was awarded the American Society of International Law's Certificate of Merit for the Outstanding Book in International Law in 1999, and Peace with Justice (with Paul Williams), which received the International Association of Penal Law Book of the Year Award for 2003.

Dr. Paul R. Williams holds the Rebecca Grazier Professorship in Law and International Relations at American University, where he teaches in the School of International Service and the Washington College of Law. He is also the co-founder and Executive Director of PILPG, which was nominated for the Nobel Peace Prize for pro bono legal assistance to states and governments involved in peace negotiations, drafting post-conflict constitutions, and prosecuting war criminals. Williams formerly served in the Department of State's Office of the Legal Advisor for European and Canadian Affairs, and as a Senior Associate with the Carnegie Endowment for International Peace. He has authored four books and more than two dozen articles on a wide variety of public international law topics. Dr Williams is also a sought-after international law and policy analyst, has been interviewed numerous times by major print and broadcast media, and has published numerous op-eds.

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Table of Contents

Foreword: America's conscience on international law Harold Hongju Koh; 1. The compliance debate; 2. A brief history of L; 3. The path to L; 4. The Carter administration - Herbert J. Hansell; 5. The Carter administration - Roberts B. Owen; 6. The Reagan administration - Davis R. Robinson; 7. The Reagan administration and Bush administration - Abraham D. Sofaer; 8. The Bush (42nd) administration - Edwin D. Williamson; 9. The Bush (42nd) administration - Michael J. Matheson; 10. The Clinton administration - Conrad K. Harper; 11. The Clinton administration - David R. Andrews; 12. The Bush (44th) administration - William H. Taft IV; 13. The Bush (44th) administration - John B. Bellinger III; 14. State department legal adviser's roundtable; 15. Foreign legal adviser's roundtable; 16. Lawyering the treatment of detainees in the war on terrorism; 17. Conclusion.

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