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The domestic political roots of US perspectives on the international law on the use of force

Connolly, Catherine orcid logoORCID: 0000-0002-4776-525X (2020) The domestic political roots of US perspectives on the international law on the use of force. Irish Studies in International Affairs, 31 (1). pp. 1-18. ISSN 0332-1460

Abstract
This article attempts to demonstrate the connections between US executive war powers, US interpretations of the international law on the use of force, and the history of US war-making and war-fighting, both at home and abroad. It begins by discussing the status of presidential war powers in the US domestic context, before examining the centrality of national security in US political life. In arguing that the imperial character of US international legal interpretation and defence policy changes very little between Democratic and Republican administrations, regardless of the ‘legality’ of relevant actions subject to the international law on the use of force, this paper illustrates that US ‘exceptionalism’ is situated not in a sphere outside the international rule of law, but rather in an exceptional space within an international legal system that privileges the powerful.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:US foreign policy; International law on the use of force; Public International Law; Conflict; War; Executive War Powers; Presidential War Powers
Subjects:Social Sciences > International relations
Social Sciences > Law
Social Sciences > Terrorism
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Royal Irish Academy
Official URL:https://doi.org/10.3318/isia.2020.31.14
Copyright Information:© Royal Irish Academy
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
Funders:Irish Research Council
ID Code:25300
Deposited On:07 Jan 2021 15:29 by Catherine Connolly . Last Modified 22 Jan 2021 17:27
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