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The bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem.
Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.
In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.
A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress. In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.” Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority. Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.