The Vietnam War and International Law Volume 4

This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina.

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Author: Richard A. Falk

Publisher: Princeton University Press

ISBN: 9781400868254

Category: Law

Page: 1066

View: 847

This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume—lawyers, scholars, and government officials—include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Future of the International Legal Order Volume 4

The Supreme Court subsequently denied certiorari in Mitchell,” although Mr. Justice Douglas dissented on the grounds that serious international law issues concerning the Vietnam War were involved and that “extremely sensitive and ...

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Author: Cyril E. Black

Publisher: Princeton University Press

ISBN: 9781400873074

Category: Law

Page: 658

View: 665

The issues of conflict management treated in this volume are relatively recent consequences of the scientific and technological revolution, and are in significant respects unprecedented in man's history: food distribution, population, ocean resources, air and water pollution. Such new global problems cannot be adequately solved except by international effort—effort that requires adjustments in the present international system. What adjustments arc practicable, and at least minimally necessary, are assessed by seventeen lawyers and specialists in international affairs. They approach the subject from two perspectives: the international legal aspects of man in his environment; and the institutions, agencies, and movements that must be further adapted to the rapidly changing needs of mankind. Contributors: Harold Lasswell, Mary Ellen Caldwell, Dennis Livingston, Howard J. and Rita F. Taubenfeld, L.F.E. Goldie. Leon Gordenker, John Carey, Hans Baade, Gidon Gotlieb, Richard B. Lillich, Joseph Nye, Donald McNemar, James Patrick Sewell, Gerald F. Sumida, Harold and Margaret Sprout. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The United States and the Vietnam War 1954 1975

The Vietnam War and International Law. 4 vols. Princeton, New Jersey: Princeton University Press; Vol. 1 (1968), 633 pp; Vol. 2 (1969), 1,270 pp; Vol. 3 (1972), 951 pp; Vol. 4 (1976), 1,051 pp. Sponsored by the American Society of ...

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Author: Louis Peake

Publisher: Routledge

ISBN: 9781135906801

Category: History

Page: 392

View: 479

The United States in the Vietnam War, 1954-1975 is an invaluable reference guide to the costly and controversial war the U.S. waged in Vietnam, over the course of five presidential administrations. Focusing not only on the conflict in Southeast Asia, but also on the tumult the war inspired on the domestic front, Louis Peake provides an authoritative guide to the wide range of media available on the U.S. involvement in Vietnam. From collections of art work and poetry about the soldiering experience, to journalistic accounts of battles, and military training films, the entries consistently provide clear and concise descriptions, allowing the reader to easily identify the value of any particular resource. With revised and updated annotations, and over 150 new entries, this second edition of The United States in the Vietnam War, 1954-1975 is an invaluable reference tool for researchers and students of the Vietnam War. Routledge Research Guides to American Military Studies provide concise, annotated bibliographies to the major areas and events in American military history. With the inclusion of brief critical annotations after each entry, the student and researcher can easily assess the utility of each bibliographic source and evaluate the abundance of resources available with ease and efficiency. Comprehensive, concise, and current—Routledge Research Guides to American Military Studies are an essential research tool for any historian.

The Vietnam War and International Law Volume 3

to help the new government fight “invading Vietcong and North Vietnamese forces. ... war in Viet-Nam stem from at least four sources: the United Nations Charter, the Geneva Accords, the customary international law of non-intervention, ...

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Author: Richard A. Falk

Publisher: Princeton University Press

ISBN: 9781400868247

Category: Law

Page: 966

View: 205

Issues of the war that have provoked public controversy and legal debate over the last two years—the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes—are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Oxford Handbook of International Law in Asia and the Pacific

This made the Vietnam War an unavoidable global tragedy. At the 1954 Geneva Conference on Indo-China, ... Falk is the editor of the epic four-volume The Vietnam War and International Law. * Brian Landsberg, 'The United States in ...

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Author: Simon Chesterman

Publisher: Oxford University Press

ISBN: 9780192512703

Category: Law

Page: 600

View: 570

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Use of Force

The Practice of States Since World War II Arthur Mark Weisburd ... American Journal of International Law, vol. ... “The United Nations and the Conflict in Vietnam,” In Richard A. Falk, ed., The Vietnam War and International Law, vol. 4 ...

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Author: Arthur Mark Weisburd

Publisher: Penn State Press

ISBN: 9780271043012

Category: Law

Page: 416

View: 137

This book is among the few to develop in detail the proposition that international law on the subject of interstate force is better derived from practice than from treaties. Mark Weisburd assembles here a broad body of evidence to support practice-based rules of law on the subject of force. Analyses of a particular use of force by a state against another state generally begin with the language of the Charter of the United Nations. This approach is seriously flawed, argues Weisburd. States do not, in fact, behave as the Charter requires. If the legal rule regulating the use of force is the rule of the Charter, then law is nearly irrelevant to the interstate use of force. However, treaties like the Charter are not the only source of public international law. Customary law, too, is binding on states. If state behavior can be shown to conform generally to what amount to tacit rules on the use of force, and if states generally enforce such rules against other states, then the resulting pattern of practice strongly supports the argument that the use of force is affected by law at a very practical level. This work aims to demonstrate that such patterns exist and to explain their content. Weisburd discusses over one hundred interstate conflicts that took place from 1945 through 1991. He focuses on the behavior of the states using force and on the reaction of third parties to the use of force. He concentrates upon state practice rather than upon treaty law and does not assume a priori that any particular policy goal can be attributed to the international legal system, proceeding instead on the assumption that the system's goals can be determined only by examining the workings of the system.

State Succession and Membership in International Organizations

views on the legality of the US intervention in the Vietnam War.276 Thus , , it seems necessary to deal with the history of ... The Vietnam War and International Law , Vol.1 ( 1968 ) , Vol.2 ( 1969 ) , Vol.3 ( 1972 ) , Vol.4 ( 1976 ) ...

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Author: Konrad G. Bühler

Publisher: BRILL

ISBN: 9789004481282

Category: Business & Economics

Page:

View: 347

The Law of Armed Conflict

International Humanitarian Law in War Gary D. Solis ... 2002) Green, Leslie C., “Aftermath of Vietnam: War Law and the Soldier,” in Richard A. Falk, ed., The Vietnam War and International Law, vol. 4 (NJ: Princeton University Press, ...

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Author: Gary D. Solis

Publisher: Cambridge University Press

ISBN: 9781107135604

Category: Law

Page: 864

View: 300

This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

Confessing the International Rights of Children

The same is true in the case of famine and starvation during the Second World War in Bengal, India. Millions knowingly perished because of ... Richard Falk, The Vietnam War and International Law: The Concluding Phase, Vol.4 (1976).

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Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

ISBN: 9781443844345

Category: Law

Page: 380

View: 778

Within the sphere of law, it is the recognition of its subjects – women, men, children and private or public entities – which has been the most prominent facet of national, regional or international relations. The dominance of the question of recognition has led to the development of the law and the maintenance of its provisions. Obviously, the legal effect of recognition is limited if rights are not implemented entirely. Simultaneously, justice cannot be done within the social structure of any society as long as the basic elements of that society do not properly protect the rights of children. Thus, the complexity one may expect of a legal issue is not just how to deal with the relevant issue in a court of justice, but how to prove that the machinery of justice does not own or use the appropriate documents necessary for the examination of the issue. This book on confessing the international rights of children brings together all international documents which are significant to the protection of the rights of children. The introduction to each document presented in the book demonstrates that there is not necessarily any particular need to prove the legal existence of children’s rights. They obviously exist with full rights, but the implementation of those rights is indeed not so easy. In addition, as a matter of principle, we must not forget that the natural personality of each child has not been created by national, regional or international documents, but by their very existence within our global environment, constituting human beings of their own age.