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References

1 Professor Thomas Franck has observed similar American traits that he has referred to as tendencies toward "messianism" and "chauvinism". T. M. Franck/J. M. Lehrman, "Messianism and Chauvinism in America's Commitment to Peace Through Law", in L. F. Damrosch (ed.), The luternational Court of Justice at Crossroads 3 (1987). 2 US Department of State Daily Press Briefing Index, 18 March 2003, available at 2003 WL 2046840.

3 The US, for example, fully supported UN Security Council Res. 1511 of 16 October 2003. The Resolution in para. 7 invited the Iraqi Governing Council to provide to the Security Council by 15 December 2003 a timetable and a program for drafting a constitution and holding of elections. See also In Bush's Words: "We Will Do What Is Necessary" in the Fight Against Terror, NY Times, 8 September 2003, at A10.

4 W. G. Grewe, The Epochs of International Law 108-111 (2000); A. Nussbaum, A Concise History of the Law of Nations 113-117 (1962); L. Gross, "The Peace of Westphalia" I Essays on International Law and Organization 3, 7 (1984). 5 Grewe, supra note 4, at 414-18, 424. 6 Vienna Congress Treaty, reprinted in M. Hurst (ed.), Key Treaties for the Great Powers, 1814-1914, 41 (1972); see also Nussbaum, supra note 4, at 186. 7 Gross, supra note 4, at 19.

8 R. W. Leopold, The Growth of History ofAmerican Foreign Policy: A History 180 (1962). 9 S. B. Drury, The Political Ideas of Leo Strauss 29 ( 1988). 10 Congressman Ron Paul of Texas, Address in the House of Representatives (10 July 2003) available at http://www.house.gov/paul/congrec/congrec2003/cr0171003.htm (December 2004). See also, M. Lind, "How Neoconservatives conquered Washington and Launched a War", Salon.com, available at http://archive.salon.com/opinion/feature/2003/04/09/neocons/ (9 April 2003). " N. Ferguson, "The Empire Slinks Back", NYTimes Mag., 27 April 2003, at 52; N. Ferguson, "Hegemony or Empire?" 82 For. Aff. 154 (2003, No. 5) ; see also, I. H. Daalder & J. M. Lindsay, "American Empire, Not 'If but 'What Kind'" NY Times Mag., 10 May 2003. 12 M. Boot, The Savage Wars of Peace (2002). '3 D. K. Simes, "America's Imperial Dilemma", 82 For. Aff: 91 (2003). '4 M. Cosnard, "Sovereign Equality—The Wimbledon Sails On", in M. Byers/G. Nolte (eds.), United States Hegemnoy and the Foundations of International Law 117, at 134 (2003). See also Brian Urquhart, "World Order and Mr. Bush", 50 NY Rev. Book's 8 (2003).

`5 H. Triepel, Die Hegemonie-Ein Buch von fiihrenden Staaten 138-149 (1938); see also G. Nolte, "Conclusion", in M. Byers/G. Nolte (eds.), United States Hegemony and the Foundations of International Law 491 (2003): Hegemony "includes [...] all situations in which States or other entities act together in uncoerced recognition of a more or less developed leadership function by one (or more) of them. '6 D. Vagts, "Hegemonic International Law", 95 AJIL 843, at 843, 844 (2001). Vagts writes that it remains to be seen whether the US is a hegemon. He notes the US has the resources to be a hegemon but doubts it has the "the political and psychological infrastructure hegemony calls for." Id., at 845. 1 agree that the US lacks these attributes to be an imperial power and perhaps even to consistently act the hegemon. Yet, the US does practice hegemony in a way other powerful states do not. Vagts also writes of hegemony as on a scale between imperialism and "first among equals." Id., at 848. If this means less than imperialism but more than first among equals, I find this a helpful metaphor. See also on America's ill-suitedness to be an imperial power: W. Clark, "America's Virtual Empire", Wash. Monthly, November 2003, available at http://www.washingtomnonthly.com/features/2003/0311.clark.html (23.9.2004).

" See generally J. J. Kirkpatrick/A. Gerson, "The Reagan Doctrine, Human Rights, and International Law", in L. Henkin et al. (eds.), Right v. Might: International Law and the Use of Force 29 (1991).

' 8 E.g., Richard Holbrooke, former US representative to the UN, took this position. He restated it while discussing why he did not see any need for a specific Security Council authorization for force in Iraq: "In Bosnia [and] Kosovo, the Clinton administration bombed twice. We had no Security Council resolutions, we had NATO backing." MSNBC: News with Brian Williams, 21 January 2003, available at 2003 WL 6413205. '9 "Germany, Fear of Greenery", The Economist, 10 October 1998, at 55. zo B. Gellman, "The Path to Crisis: How the US and its Allies Went to War", Int'l Herald Trib., 19 April 1999, at 2.

21 On indications that the Clinton administration had prior knowledge that bombing would be ineffective, see, E. Schmitt, "The Powell Doctrine is Looking Pretty Good Again", NY Times, 4 April 1999, section 4, page 5; R. Scarborough & A. Cain, "GAO Cites Confusion', in Kosovo Policy", Wash. Times, 8 April 1999, at Al; Gellman, supra note 20. 22 A. Rosenbaum, "An Ethnic War that Still Rages", NYTimes, 14 October 2003, at A31. Z3 See D. Rumsfeld, "UK Defense Minister See Broad Coalition on Iraq- Joint Press Conference February 12 Following Meeting in Washington", St. Dep't. Press Releases & Documents, 12 February 2003, available at 2003 WL 2046175; Interview on ABC's This Week with

George Stephanopoulos, Secretary Colin L. Powell, St. Dep't. Press Releases & Documents, 20 October 2002, available at 2002 WL 25971910. za M, E. O'Connell, Addendum to Armed Force in Irag: Issues of Legality (2003), available at http://www.asil.org/insights/insigh99al.htm (2 December 2004). 25 see e.g., J. Lears, "How a War Became a Crusade", NY Times, 11 March 2003, at A29. 26 see R. Steel, "The Missionary'', NY Rev. Book s, 20 November 2003, at 26. 27 President Bush Discusses Freedom in Iraq and Middle East, remarks by the President at the 20,h Anniversary of the National Endowment for Democracy, 6 November 2003, available at http://www.whitehouse.gov/news/releases/2003/11/20031106-2.htm/ (2 December 2004); see also D. Milbank & M. Allen, "Bush Urges Commitment to Transform Mideast", Wash. Post, 7 November 2003, at Al.

Z8 For a more extensive discussion of the making and unmaking of rules on the use of force, see M. E. O'Connell, "Releashing the Dogs of War, Review of Christine Gray's International Law and the Use of Force", 97 AJIL 446, at 446-49 (2003).

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