[PDF] Lawmaking Under Pressure eBook

Author : Giovanni Mantilla
Publisher : Cornell University Press
Page : 167 pages
File Size : 16,86 MB
Release : 2020-12-15
Category : Law
ISBN : 1501752596

GET BOOK

In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Author : Giovanni Mantilla
Publisher : Cornell University Press
Page : 260 pages
File Size : 36,39 MB
Release : 2020-12-15
Category : Law
ISBN : 150175260X

GET BOOK

In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Author : Adam B. Cox
Publisher : Oxford University Press
Page : 361 pages
File Size : 32,20 MB
Release : 2020-08-04
Category : Law
ISBN : 0190694386

GET BOOK

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Author : Nina Reiners
Publisher : Cambridge University Press
Page : 215 pages
File Size : 39,83 MB
Release : 2021-12-02
Category : Law
ISBN : 1108845541

GET BOOK

Explores how expert bodies and non-state empowered professionals come together to shape human rights law.

Author : Craig Volden
Publisher : Cambridge University Press
Page : 261 pages
File Size : 13,26 MB
Release : 2014-10-27
Category : Political Science
ISBN : 0521761522

GET BOOK

This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Craig Volden and Alan E. Wiseman develop a new metric of individual legislator effectiveness (the Legislative Effectiveness Score) that will be of interest to scholars, voters, and politicians alike. They use these scores to study party influence in Congress, the successes or failures of women and African Americans in Congress, policy gridlock, and the specific strategies that lawmakers employ to advance their agendas.

Author : Beth A. Simmons
Publisher : Cambridge University Press
Page : 473 pages
File Size : 20,30 MB
Release : 2009-10-29
Category : Law
ISBN : 0521885108

GET BOOK

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

Author : Alan Boyle
Publisher : OUP Oxford
Page : 368 pages
File Size : 46,61 MB
Release : 2007-02-22
Category : Law
ISBN : 0191021768

GET BOOK

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Author : Barbara Sinclair
Publisher : CQ Press
Page : 330 pages
File Size : 20,32 MB
Release : 2016-06-22
Category : Political Science
ISBN : 1506322859

GET BOOK

Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.

Author : Gerhard Loewenberg
Publisher : Harvard University Press
Page : 832 pages
File Size : 47,44 MB
Release : 1985
Category : Biography & Autobiography
ISBN : 9780674370753

GET BOOK

The Handbook of Legislative Research, a comprehensive summary of the results of research on nineteenth and twentieth-century legislatures, is itself a landmark in the evolution of legislative studies. Gathered here are surveys by leading scholars in the field, each providing inventory of an important subfield, an extensive bibliography, and a systematic assessment of what has been accomplished and what directions future research must take.