THE OBAMA ADMINISTRATION, INTERNATIONAL LAW, AND EXECUTIVE MINIMALISM

• 成果类型: Article
• 署名作者: Deeks, Ashley S.
• 署名单位: University of Virginia
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/S0002930000763159
• 发表日期: 2016
• 页码: 646-662
• 关键词: COURT; term

摘要

The Bush administration took a maximalist approach to the jus ad bellum and jus in bello, staking out broad claims about what international law permitted in resorting to force and detaining and interrogating Al Qaeda members. In contrast, the Obama administration established more minimalist policies, which authorized a narrower scope of action than what international law permits. The Obama approach improved relations with allies and deferred difficult interagency debates. But it also incurred costs by slowing the development of international law and making it more difficult for other states to interpret the precedential value of U.S. actions.