National Security and the Legal Process: 2 Volume Set

National Security and the Legal Process: 2 Volume Set

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What are the legal limits for America's global war on terrorism? The main volume of the set sheds light on these questions and on the general body of national security law as well as analyzes the legal foundation for international arms control in light of the global war on terror. O'Neill also provides a supplementary volume that saves researchers from conducting hours of work online and in other, less comprehensive print resources. Speaking from the unique viewpoint of his decades of experience in international law and political consulting, O'Neill has arranged a thorough, but compact resource for creating effective and principled security policy. National Security and the Legal Process offers readers a practical approach to resolving the age-old tensions between security and freedom and between self-defense and respect for sovereignty. About this Volume In this two-volume set, attorney and professor Philip O'Neill uses his vast expertise to explore the difficult legal principles that relate to U.S. conduct in its War on Terror. Instead of taking a simplistic, polemical approach to the debate between the imperative of security and the imperative of liberty, O'Neill instead advocates a more practical, process-based model for resolving that classic tension. O'Neill objectively provides the information and insight necessary to understand and improve current U.S. security policy. National Security and the Legal Process moves beyond the narrow debate between security assurance and civil liberties to analyze the legal implications of recent U.S. and U.N. action on issues such as bioterrorism and nuclear threats. With a detailed discussion of how best to address those two modern threats, National Security and the Legal Process acts as a comprehensive resource for policymakers and for the scholars and who influence them. The supplement of primary documents that accompanies O'Neill's monograph will remove hours of unnecessary research for practitioners as well as the next generation of policymakers: who include students enrolled in law schools and graduate programs.show more

Product details

  • Hardback | 1000 pages
  • 182 x 262 x 56mm | 2,018.48g
  • Oxford University Press Inc
  • New York, United States
  • English
  • New.
  • 0195374304
  • 9780195374308

Review quote

If I were still a law professor, this is a book I would want to use in the classroom. It fills a vital gap in the study of international law, focusing not only on U.S. law but also on the international law addressing the key national security issues of the 21st century. * Anne-Marie Slaughter, Dean, Woodrow Wilson School of Public and International Affairs, Princeton University, formerly J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School. * Philip O'Neill has produced a superb guide to the legal issues at the heart of all the major problems of international security today. This book should be, and doubtless will be, used to guide the next group of American policymakers as they confront international security problems in both an effective and lawful manner. * Professor Ashton Carter, Chair of the International Relations, Science, and Security faculty at Harvard's Kennedy School of Government, Professor of Science and International Affairs, and former U.S. Assistant Secretary of Defense * National Security and the Legal Process is an important and thought-provoking study of the modern legal landscape, a realm too often overlooked. This book is mandatory reading for anyone seriously interested in how America faces the complicated security challenges of the 21st century. * Senator John Kerry, Massachusetts *show more

About Philip D. O'neill

As a partner at the Boston office of Edwards, Angell, Palmer, and Dodge, and as a consultant to national politicians on security issues, Phil O'Neill has extensive experience in international law and public policy issues. His international practice ranges from general corporate work to dispute resolution. A graduate of Boston College Law School, he has acted as outside general counsel to a number of American and foreign clients in connection with projects in the U.S. O'Neill's international general counsel practice has involved matters/issues in as many as 45-50 countries per year. He has also represented both U.S. and foreign companies in cross-border and domestic arbitration as well as litigation matters in the U.S. and abroad for nearly 30 years. His experience as advocate or arbitrator includes international commercial disputes involving energy supply, joint ventures, health care, telecom, valuation and transfer pricing, as well as patent royalty and other intellectual property, technology transfer and licensing matters. He is an experienced international arbitrator and sits on panels globally, including the American Arbitration Association, International Chamber of Commerce, WIPO, the London Court of International Arbitration, and the Stockholm, Milan, Dubai, and Hong Kong Arbitration Centers. O'Neill is a fellow in England's Chartered Institute of Arbitrators and worked on the American Panel of Arbitrators to resolve trade disputes under the North American Free Trade Agreement. He has been listed repeatedly in the International Arbitration section of The Best Lawyers in America.show more

Table of contents

A. (FOR THE MAIN TEXT) I "THE QUEST FOR PRINCIPLES OF ACTION IN AN AGE OF INSECURITY" II "WHEN PUSH COMES TO SHOVE" 1. PANDORA'S BOX: INTERVENTION AND THE USE OF FORCE 2. BEYOND INTERVENTION 3. GOING TO WAR III ; "21ST CENTURY ISSUES" 1. INTELLIGENCE 2. MILITARY ISSUES 3. DETENTION PRACTICES 4. TERROR FINANCE IV "ARMS CONTROL AND THE LEGAL PROCESS" 1. INTRODUCTION - LEGAL TECHNIQUES IN CHANGING CIRCUMSTANCES ; 2. EXAMPLE MODIFICATION TECHNIQUES TO ACCOMMODATE CHANGE 3. THE LEGAL LIMITATION OF WMD 4. WEAPONS IN SPACE 5. FLEXIBILITY IN THE ARMS CONTROL LEGAL PROCESS 6. PROLIFERATION CASE STUDIES V "OUR CHOICE" APPENDIX ; B. (FOR THE SUPPLEMENT): SECTION I. THE EVOLVING SCOPE OF NATIONAL SECURITY A. HISTORICAL B. CURRENT SECTION II. MULTILATERAL AND RELATED BILATERAL MATERIALS ; A. U.N. B. BILATERAL SECTION III. DOMESTIC U.S. AUTHORITIES A. EXECUTIVE ORDERS B. STATUTES AND RESOLUTIONS SECTION IV. COURT DECISIONS A. CASE CONCERNING NICARAGUA ; B. HAMDAN V. RUMSFELD (2006) AND RUMSFELD V. PADILLA (2004) SECTION V. MISCELLANEOUS A. PRESIDENTIAL STATEMENTS B. MEMORANDA OF UNDERSTANDING AND AGREEMENTS BETWEEN US AND USSR C. GUIDELINES D. OTHER DOCUMENTSshow more

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