United States Policy and the Crisis of International Law: Some Reflections on the State of International Law in “International Co-operation Year”

1965 ◽  
Vol 59 (4) ◽  
pp. 857-871 ◽  
Author(s):  
Wolfgang Friedmann

If the twentieth anniversary of the United Nations, designated as “International Co-operation Year,” had fallen in 1964 rather than 1965, a general assessment of the evolution of international law and organization since the end of World War II would have justified a measure of cautious confidence. Mankind was still very far from having organized itself against the danger of aggression. The danger of the proliferation of nuclear arms remained without effective control, apart from a partial nuclear test ban to which both the United States and the Soviet Union were parties. The world’s largest state, Communist China, remained outside the United Nations and without diplomatic relations with the United States and a large number of other states. The United Nations remained without effective control in conflicts between major Powers. The special agencies of the United Nations and other international welfare organizations still lacked, with few exceptions, the legal and executive power to cope with the many urgent problems of mankind. In the two most vital and dangerous areas: the conservation of resources, and the stemming of the explosive growth in the world's population, international organization was still embryonic or altogether lacking. But these grave drawbacks and deficiencies.

2017 ◽  
Vol 25 (3) ◽  
pp. 371-392 ◽  
Author(s):  
Amy Baker Benjamin

At the heart of contemporary international law lies a paradox: the attacks on the United States of September 11, 2001 have justified 16 years of international war, yet the official international community, embodied principally in the United Nations, has failed to question or even scrutinise the US government's account of those attacks. Despite the emergence of an impressive and serious body of literature that impugns the official account and even suggests that 9/11 may have been a classic (if unprecedentedly monstrous) false-flag attack, international statesmen, following the lead of scholars, have been reluctant to wade into what appears to be a very real controversy. African nations are no strangers to the concept of the false flag tactic, and to its use historically in the pursuit of illegitimate geopolitical aims and interests. This article draws on recent African history in this regard, as well as on deeper twentieth-century European and American history, to lay a foundation for entertaining the possibility of 9/11-as-false-flag. This article then argues that the United Nations should seek to fulfil its core and incontrovertible ‘jury’ function of determining the existence of inter-state aggression in order to exercise a long-overdue oversight of the official 9/11 narrative.


2019 ◽  
Vol 7 (1) ◽  
pp. 1-23
Author(s):  
Giles Scott-Smith

The United Nations Information Office (UNIO), dating from 1942, holds the distinction of being both the first international agency of the embryonic UN network and the first to hold the United Nations label. Run from 1942 to 1945 from two offices in New York and London, these two were merged at the end of World War II to form the UN Information Organisation, and subsequently transformed into the Department of Public Information run from UN headquarters in New York. This article adds to the history of the UN by exploring the origins and development of the UNIO during 1940–41, when it was a British-led propaganda operation to gather US support for the allied war effort. It also examines the UNIO from the viewpoint of the power transition from Britain to the United States that took place during the war, and how this reflected a transition of internationalisms: from the British view of world order through benevolent imperialism to the American view of a progressive campaign for global development and human rights.


1993 ◽  
Vol 87 (1) ◽  
pp. 103-111
Author(s):  
Marian Nash

On September 8, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the United Nations Framework Convention on Climate Change, adopted at New York on May 9, 1992, by the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change and signed on behalf of the United States at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on June 12, 1992.


2001 ◽  
Vol 2 (17) ◽  
Author(s):  
Claus Binder

After the terrorists' attacks of September 11, 2001, a lot of war rhetoric came out of the public and private sphere within the United States of America. On October 7, 2001, however, the rhetoric turned into reality as President George W. Bush countered the terrorist attacks and the threat of future terrorism with military means. While waging that new war U.S. governmental officials constantly make one important point, and that is that the United States are just exercising their right of self-defense. Moreover, on the day after the attacks, the Security Council of the United Nations unanimously reaffirmed the inherent right of self-defense as recognized by the Charter of the United Nations. Does that mean that international law is just that clear?


1987 ◽  
Vol 81 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Gordon A. Christenson

In the merits phase of decision in the case brought by Nicaragua against the United States, the World Court briefly mentions references by states or publicists to the concept of jus cogens. These expressions are used to buttress the Court’s conclusion that the principle prohibiting the use of force found in Article 2(4) of the United Nations Charter is also a rule of customary international law.


2021 ◽  
pp. 77
Author(s):  
Susan Page

It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador Susan Page is an American diplomat who has faced human rights crises both at home and abroad. We found her following call to action inspiring. We hope you do too.


Author(s):  
Michelle Getchell

The United States was heavily involved in creating the United Nations in 1945 and drafting its charter. The United States continued to exert substantial clout in the organization after its founding, though there have been periods during which U.S. officials have met with significant opposition inside the United Nations, in Congress, and in American electoral politics, all of which produced struggles to gain support for America’s international policy goals. U.S. influence in the international organization has thus waxed and waned. The early postwar years witnessed the zenith of American prestige on the global stage. Starting in the mid- to late 1950s, as decolonization and the establishment of newly independent nations quickened, the United States began to lose influence in the United Nations owing to the spreading perception that its alliances with the European colonial powers placed it on the wrong side of history. As U.N. membership skyrocketed, the organization became more responsive to the needs and interests of the decolonizing states. During the 1970s and early 1980s, the American public responded to declining U.S. influence in the United Nations with calls to defund the organization and to pursue a unilateral approach to international challenges. The role of the United States in the United Nations was shaped by the politics of the Cold War competition with the Soviet Union. Throughout the nearly five decades of the Cold War, the United Nations served as a forum for the political and ideological rivalry between the United States and the Soviet Union, which frequently inhibited the organization from fulfilling what most considered to be its primary mission: the maintenance of global security and stability. After the collapse of the Soviet Union and the peaceful end of the Cold War, the United States enjoyed a brief period of unrivaled global hegemony. During this period, U.S. officials pursued a closer relationship with the United Nations and sought to use the organization to build support for its international policy agenda and military interventionism.


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