The Sword and the Scales
The United States and International Courts and Tribunals

The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals.

Cesare P. R. Romano (Edited by)

9780521728713, Cambridge University Press

Paperback, published 31 August 2009

492 pages, 4 b/w illus. 6 tables
23.3 x 15.4 x 2.3 cm, 0.7 kg

'… is one of the first systematic treatments of the United States' engagement with international courts and tribunals. … This volume goes far … in helping to provide some answers.' Netherlands International Law Review

The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.

1. International courts and tribunals and the rule of law John B. Bellinger, III
2. American public opinion on international courts and tribunals Steven Kull and Clay Ramsay
3. Arbitration and avoidance of war: the nineteenth century American vision Mary Ellen O'Connell
4. The United States and the International Court of Justice: coping with antinomies Sean D. Murphy
5. The U.S. Supreme Court and the International Court of Justice: what does 'respectful consideration' mean? Melissa A. Waters
6. U.S. attitudes toward international criminal courts and tribunals John P. Cerone
7. The United States and the Inter-American Court of Human Rights Elizabeth A. H. Abi-Mershed
8. From paradox to subsidiarity: the United States and human rights treaty bodies Tara J. Melish
9. The U.S. and international claims and compensation bodies John R. Crook
10. Does the U.S. support international tribunals? The case of the multilateral trade system Jeffrey L. Dunoff
11. The United States and dispute settlement under the North American Free Trade Agreement: ambivalence, frustration and occasional defiance David A. Gantz
12. Dispute settlement under NAFTA Chapter 11: a response to the critics in the United States Susan L. Karamanian
13. The United States and international courts: getting the cost-benefit analysis right Cesare P. R. Romano.

Subject Areas: Laws of Specific jurisdictions [LN], International criminal law [LBBZ], Public international law [LBB]