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Intenational Law Essay

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Below is an essay on "Intenational Law" from Anti Essays, your source for research papers, essays, and term paper examples.

INTERNATIONAL LAW, INTERNATIONAL RELATIONS THEORY, AND PREEMPTIVE WAR: THE VITALITY OF SOVEREIGN EQUALITY TODAY
THOMAS H. LEE* I INTRODUCTION The norm of sovereign equality in international law is so resolutely canonical1 that its precise meaning, origins, and justifications are rarely examined.2 Whatever the general merits of the norm, its retention seems fairly open to question when one sovereign state appears supremely unequal among 191 sovereign states3 in terms of mili-

Copyright © 2004 by Thomas H. Lee This Article is also available at http://www.law.duke.edu/journals/lcp. *Associate Professor, Fordham University School of Law. A.B., A.M., J.D., Ph.D. candidate (political science) Harvard. Thanks to Jose Alvarez, Lori Damrosch, Martin Flaherty, Dawn Yamane Hewett, Alastair Iain Johnston, Mark Osiel, Eduardo Penalver, Aaron Saiger, Peter Spiro, and Detlev Vagts for helpful comments; Michael Ottolenghi for research assistance; and Fordham Law School for a summer writing grant. 1. Article 2(1) of the United Nations (U.N.) Charter is the most famous present codification of sovereign equality: “The Organization is based on the principle of the sovereign equality of all its Members.” U.N. CHARTER art. 2, para. 1. 2. Although the subject of sovereignty has attracted much recent discussion, the concept of sovereign equality has been understudied. There are some notable exceptions. See EDWIN DEWITT DICKINSON, THE EQUALITY OF STATES IN INTERNATIONAL LAW (1920); P.H. KOOIJMANS, THE DOCTRINE OF THE LEGAL EQUALITY OF STATES: AN INQUIRY INTO THE FOUNDATIONS OF INTERNATIONAL LAW (1964); P.J. Baker, The Doctrine of Legal Equality of States, 4 BRIT. Y.B. INT’L L. 1 (1923-24); Benedict Kingsbury, Sovereignty and Inequality, 9 EUR. J. INT’L L. 599 (1998). More recently, the topic of sovereign equality has been raised in a characteristically thoughtful editorial comment by Professor Vagts on the subject of “hegemonic international law.” See Detlev F. Vagts, Hegemonic...

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