Law Without Nations? (book review)

John M. Ashbrook Center for Public Affairs ^

[Valin]

Law Without Nations?: Why Constitutional Government Requires Sovereign States

by Jeremy Rabkin

When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question.

Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own.

The book begins by reviewing the philosophic roots of American doctrine, which follow from the basic premises of liberal political thought: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes.

A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas

[Eastbound]

"In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes."

Not hard to agree with that. Ideally, America should accelerate its 'great experiment' instead of dragging its feet. Once concluded and the results are in, we'll have something to export and it won't be democracy.

The international resistance to our Sovereign constitutional republic under the rule of law is understandable. No tyrant, dictator, monarch, or whatever wants to lose their power and slave-owner status, nor can they afford to extol the praises of America -- a nation which has broken the bounderies of political thought. A nation which continues to lead the human race in the evolution of self-rule.

[nothingnew]

Independence Day/4th Of July BUMP to you both.

FMCDH(BITS)

[Eastbound]

Thanks, bro. Have a great Independence Day.

Best wishes. -- Dave

[Valin]

Back at ya!