The United States and the Rule of Law in International Affairs

The U.S. has often proclaimed its support for the rule of law in international affairs, but has found it increasingly difficult to adhere to it in practice. John Murphy demonstrates the wide-ranging difficulties obstructing U.S. adherence to the rule of law. He also examines the reasons for the declining U.S. support for the international institutions it was instrumental in creating, as well as U.S. unwillingness to support new popular initiatives in international law.

John Murphy offers an insightful analysis of why the United States does not always accept the rule of law in international affairs, even though it has made immense contributions to its creation, adoption, and implementation. Examining the reasons for this failure, John Murphy analyses a number of cases, not to make a case that the United States has been an international outlaw, but to illustrate the wide-ranging difficulties standing in the way of US adherence to the rule of law. He explains how the nature of the US legal system and the idiosyncrasies of the international legal process combine to compound problems for the United States, and he explores several alternative scenarios for the position of the United States vis-à-vis international law. This timely book offers a much needed examination of US attitudes and practices and makes a major contribution to the contemporary literature in international law and international relations.

1. Introduction; 2. The status of international law under US law; 3. UN dues; 4. Use of force; 5. Arms control, disarmament, non-proliferation and safeguards; 6. Law of the sea; 7. The international court of justice; 8. Prevention, prosecution, and punishment of international crimes; 9. Human rights and international environmental issues; 10. Summary and conclusions and some possible future scenarios.

The US proclaims its support for the rule of law in international affairs, but has found it difficult to adhere to it. John Murphy explores the difficulties standing in the way of US compliance, and the reasons for its declining support for the international institutions it helped to create.

John F. Murphy is Professor of International Law and Business, Villanova University School of Law, Pennsylvania. He is author or editor of numerous books and monographs and has served as a consultant to the US Departments of State and Justice, the American Bar Association Committee on Law and National Security and the United Nations Crime Bureau. He is currently the American Bar Associations' Alternative Observer at the US Mission to the United Nations.