Legal Theory

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Author Interview,
Kenneth Roth

This week, Kenneth Roth answers questions submitted by readers about President Barack Obama's plans to close the detention facility at Guantánamo Bay.

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Snapshot,
Stephen D. Krasner

Sovereignty is the ultimate prize in international relations. But it is not an objective term -- increasingly, it is awarded and defined by powerful actors whose interests are at stake.

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Essay, Jan/Feb 2009
Michael Chertoff

International law must find a way to combat modern threats, but it cannot diminish U.S. sovereignty in doing so.

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Essay, May/June 2008
Kishore Mahbubani

The West is not welcoming Asia's progress, and its short-term interests in preserving its privileged position in various global institutions are trumping its long-term interests in creating a more just and stable world order. The West has gone from being the world's problem solver to being its single biggest liability.

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Essay, Mar/Apr 2004
Robert Kagan

Europeans accuse the United States of acting like a bully: aggressive, self-interested, and disrespectful of rules. That charge is hypocritical. Still, it must be taken seriously, for as a liberal democracy with a global vision, the United States needs the approval of other nations that share its ideals. The American project is in Europe's interest, too--whether the Europeans understand that or not.

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Essay, Jan/Feb 2004
Lee Feinstein and Anne-Marie Slaughter

The unprecedented threat posed by terrorists and rogue states armed with weapons of mass destruction cannot be handled by an outdated and poorly enforced nonproliferation regime. The international community has a duty to prevent security disasters as well as humanitarian ones -- even at the price of violating sovereignty.

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Essay, Jan/Feb 2003
Susan Esserman and Robert Howse

The World Trade Organization represents a dramatic innovation in international law: binding dispute resolution between sovereign countries. But have the WTO's judges gone too far and exceeded their unprecedented authority? Although the truth turns out to be more complex than the organization's many critics insist, the fact remains that the WTO's courts still leave plenty of room for improvement.

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Essay, Nov/Dec 2002
Gareth Evans and Mohamed Sahnoun

Throughout the humanitarian crises of the 1990s, the international community failed to come up with rules on how and when to intervene, and under whose authority. Despite the new focus on terrorism, these debates will not go away. The issue must be reframed as an argument not about the "right to intervene" but about the "reponsibility to protect" that all sovereign states owe to their citizens.

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Essay, Nov/Dec 2001
Michael Ignatieff

The excessive individualism in Western human rights doctrine has been criticized by the Islamic world, East Asia, and some within the West itself. But human rights advocates need not apologize; human rights are popular and necessary worldwide precisely because they protect individuals against group authority.

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Response, Sep/Oct 2001
Kenneth Roth

Henry Kissinger's criticisms of universal jurisdiction are misplaced and overblown. His alternative to a global "tyranny of judges" would mean impunity for the real tyrants.

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