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The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.
Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
This book details the diplomatic relations between the United States and Venezuela during a pivotal time in world history. Through the utilization of archival materials and newspaper accounts, the author highlights the words of the major participants to demonstrate how the two nations worked together – sometimes hand-in-hand, sometimes face-to-face – to prevent the European War from spreading to the Western Hemisphere. Despite several efforts to develop hemispheric unity during the War, Venezuelan leaders perceived the policy of neutrality to be in the best interest of the country's national sovereignty. This book explores the personalities of the chief executives and selected diplomats to illustrate how both personnel and personalities molded their nation’s foreign relations. In the end, while perceived as two very different individuals who pursued different paths during the global conflict, the leadership styles of President Woodrow Wilson and General Juan Vicente Gómez were more alike than they realized. The overall cordial relations between the two nations during the period under review helped establish the foundation for the petroleum bonanza that United States companies would enjoy in the following years.