New Imperial Order or (Hegemonic) International Law?

in Austrian Review of International and European Law Online
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New Imperial Order or (Hegemonic) International Law?

in Austrian Review of International and European Law Online


1 President Bush, Toward a New World Order, US Department of State Dispatch 1, no. 3 (17 7 September 1990), at 91, available at html/Dispatchv1no03.html. 2 K. Zemanek, "Is the Nature of the International Legal System Changing?", 8 ARIEL 3 (2003). 3 See 4 Namely, Dick Cheney, current Vice-President of the US, Donald Rumsfeld, US Secretary of Defense, Paul Wolfowitz, Deputy Secretary of Defense.

5 Leadership implies to attend to the others' interests, to sponsor negotiations of compromises in multilateral fora and to get that the others not only do but desire to do what one wants them to do. 6 See D. V. Vagts, "Hegemonic International Law", 95 AJIL 843-844 (2001). 7 J. Bolton, "Is There Really 'Law' in International Affairs?", 10 Transnational Law and Contemporary Problems 1, 48 (2000).

8 Zemanek, supra note 2, at 9.

9 The National Security Strategy of the US ofAmerica, September 2002, at 13-14, available at '° Available at me 1018e. html. " M. G. Kohen, "Manifeste pour le droit international du XXIe si6cle", in L. Boisson de ChazournesN. Gowlland-Debbas (eds.), The International System in Quest of Equity and Universality. LiberAmicorum Georges Abi-Saab, 123, 130-131 (2001). 12 "The National Security Strategy", supra note 9, at 15.

13 Ibid., at 6.

14 Res. 1497 (2003) goes further. It authorises a multinational force in Liberia and decides (para. 7) that current or former officials or personnel from a contributing State which is not party to the Rome Statute "shall be subject to the exclusive jurisdiction of that contributing State" unless "such exclusive jurisdiction has been waived by that contributing State" 15 "The National Security Strategy", supra note 9, at 25 and 31.

16 Ibid. " It suffices to read resolution 1472 (2003) when, during the war, it referred to an "emergency phase" of the "Oil-for-Food" Programme, originated by the s "exceptional circumstances" prevailing in Iraq and it requested "all parties concerned" to strictly abide by ius in bello.

18 Zeman ek, supra note 2, at 10.

19 J. Lindley-French, "Leading Alone or Acting Together? The Transatlantic Security Agenda for the Next US Presidency", Occasional Papers 20, Institut d'Etudes de Securite, Paris, September 2000.


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