THE PRUDENT PEACE LAW AS FOREIGN POLICYPDF电子书下载

Part One. THE ROLE OF LAW IN FOREIGN POLICY 1

1. The Relevance of Law 3

2. The Touchstones of U.S. Foreign Policy 7

From Monroe Doctrine to Law 7

From Avoiding Entanglements to Resisting Aggression 15

The Change in Unifying Principle 22

3. The Relation of Law to the Balance of Power 24

Law Depends on the Balance of Power 24

The Balance of Power Depends on Law 28

4. How Right Makes Might 33

The Contribution of Law of Effective Action 33

The Folly of Holding Back 36

The Power of National Commitment 46

5. The Role of Emerging Law 49

The Problem of Change 49

The Concept of Emerging Law 51

Part Two. THE PRINCIPLES OF EMERGING LAW 55

6. Myths and Muddles 57

Myths about Emerging Principles 57

The Mystery of Law without Legislation 60

National Sovereignty 62

The Role of National Security and Vital Interests 64

7. Filling Out the Law of the Charter 65

The Special Place of Resolution 2625 65

The Seven Charter Principles of Law 68

The Definition of Aggression: Resolution 3314 72

8. Self-determination 74

The Problem of Secession 75

The Necessity of International Process 79

Foreign Bases 85

9. Nonintervention 88

The New Rule of Reciprocal Neutrality 88

Counterintervention 95

10. Regional Security Zones 99

The Concept 99

Exclusion of Spheres of Influence 107

11. International Rights in Strategic Areas 111

The Function of International Rights 111

Defining Substantive Rights 114

The Problem of Guarantees 117

12. International Rights of Access to Resources 124

The Implications of Scarcity 124

The Emerging Law 126

Part Three. ADJUDICATION IN THE REAL WORLD 135

13. The National Interest in a Process of Adjudication 137

The Role of an Adjudication Option 137

The Problems that Shape the Option 143

Perspectives on Emerging Law 146

14. A Proposed Declaration for Law and Acceptance of Adjudication 148

Proposed Declaration 148

Proposed Charter for a Voluntary Adjudication Tribunal 149

The Role of the International Court of Justice 151

The Problem of Interlocking Issues 153

Part Four. THE CHOICE 157

15. Action and Risk 159

Appendix 1: Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations 165

Appendix 2: Definition of Aggression 172

Appendix 3: United Nations Resolutions concerning Self-determination 176

Appendix 4: United Nations Resolutions concerning Nonintervention 189

Appendix 5: United Nations Resolutions concerning Access to Resources 193

Appendix 6: Excerpts from the United Nations Charter and Stature of the International Court of Justice 197

Notes 207

Selected Bibliography 229

Index 241