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ID: 165030

International law and its transformation through the outlawry of war / Hathaway, Oona A ; Shapiro, Scott J

Hathaway, Oona A	Journal Article
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Summary/Abstract

The First World War was the last great war of what we have called the ‘old world order’—the legal regime that European states adopted in the seventeenth century and spent the next three centuries imposing on the rest of the globe. This order formed the basis of what scholars call ‘classical international law’. But this body of rules differed starkly from the ones that govern today: the old world order did not just sanction war, it relied on and rewarded it. States were permitted to wage war to right any legal wrong, and the right of the victors to extract territory and treasure from the losers was legally guaranteed. That all began to change when the nations of the world decided to outlaw war in the 1928 Kellogg–Briand treaty. As a result, the rules governing international behaviour have transformed radically—indeed, they are the polar opposite of what they once were. This article describes the decision to outlaw war and the transformation it unleashed in the world order generally, and in international law specifically. We argue that a simple but perplexing fact—that modern international law prohibits states from using force to enforce international law—is key to understanding international law and state behavior in the modern era.

Key Words

International Relations Theory ; International Governance ; International History ; Law and Ethics

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ID: 186767

Keeping the wrong secrets: how Washington misses the real security threat / Hathaway, Oona A

Hathaway, Oona A	Journal Article
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Key Words

National Security ; Espionage ; United States ; Security Threats ; Secrecy ; Mosaic Theory

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ID: 078687

Why Do Countries Commit to Human Rights Treaties? / Hathaway, Oona A

Hathaway, Oona A	Journal Article
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2007.

Summary/Abstract

This article examines states' decisions to commit to human rights treaties. It argues that the effect of a treaty on a state-and hence the state's willingness to commit to it-is largely determined by the domestic enforcement of the treaty and the treaty's collateral consequences. These broad claims give rise to several specific predictions. For example, states with less democratic institutions will be no less likely to commit to human rights treaties if they have poor human rights records, because there is little prospect that the treaties will be enforced. Conversely, states with more democratic institutions will be less likely to commit to human rights treaties if they have poor human rights records-precisely because treaties are likely to lead to changes in behavior. These predictions are tested by examining the practices of more than 160 countries over several decades

Key Words

Human Rights ; Torture ; Treaties ; International Law ; Iran - Democracy - 1941-1953

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