Suchergebnisse

In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

Who was to blame and why it matters -- The Syrian connection -- Egypt flexes its muscle -- Historical opportunity for Israel -- Britain has a plan -- Southern passage: Aqaba as cause for war -- "The Americans will not sit shiva" -- How to attack: "we have to be the victims" -- Turkey shoot -- Cover-up in the Security Council -- Security Council "in the dark" -- Cover-up in the General Assembly -- How to read the silence on aggression -- The experts fall in line -- No threat? No matter -- War by mistake -- Defending in advance -- A new doctrine of preventive war -- Permanent takeover? -- Blocking the path to peace

"Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day"--Provided by publisher

Overview of consular access -- Role of consuls in assisting a national -- Situations requiring advice about consular access -- Individuals who must be advised -- Timing of consular access -- Confidentiality of communication -- Automatic notification under bilateral treaties -- Rights assertable against the receiving state -- Consular access as a due process right -- Statutory right to sending state protection -- Non-statutory right to sending state protection -- Incorporation into domestic law -- Subsidiary regulation and legislation -- Availability of a judicial remedy -- Domestic effect of international decisions -- Prejudice as a prerequisite for a judicial remedy -- Suppression of evidence as a judicial remedy -- Procedural default as barring a remedy -- Consular access violation as grounds for sentence reduction or clemency -- Monetary damages for a foreign national -- Intervention in court by a sending state -- Civil suit by a sending state -- Diplomatic protest by a sending state -- Jurisdiction in the international court of justice -- Jurisdiction in Inter-American human rights organs -- Proceedings in the international court of justice -- Proceedings in the Inter-American system

This book was first published in 2007. The government of Soviet Russia wrote new laws for Russia that were as revolutionary as its political philosophy. These new laws challenged social relations as they had developed in Europe over centuries. These laws generated intense interest in the West. To some, they were the harbinger of what should be done in the West, hence a source for emulation. To others, they represented a threat to the existing order. Western governments, like that of the Tsar, might be at risk if they held to the old ways. Throughout the twentieth century Western governments remade their legal systems, incorporating an astonishing number of laws that mirrored the new Soviet laws. Western law became radically transformed over the course of the twentieth century, largely in the direction of change that had been charted by the government of Soviet Russia