Messianism and Chauvinism in America's Commitment to Peace Through Law (From International Court of Justice at a Crossroads, P 3-18, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122855
• Author(s): R M Franck; J M Lehrman
• Date Published: 1987
• Length: 15 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The 1985 decision by the United States to terminate its acceptance of the compulsory jurisdiction of the International Court of Justice reflects the first application of the Reagan Administration's radical new theory about international law and institutions and has major implications.

Abstract

The decision followed the United States withdrawal from legal proceedings brought against it by Nicaragua regarding the United States complicity with the contra insurgency. Senior administration officials had begun criticizing fundamental international legal doctrines, especially those pertaining to civil wars, in 1984. The decisions in 1985 represent conceptual and ideological breaks with past administrations, particularly the Republican ones starting with that of Taft. The 1985 decisions represented a combination of the previously conflicting approaches of messianism and chauvinism. Combining these approaches reflected a new approach by the executive branch of government, which previously took a purely messianic approach. The changed position of the United States should open a new debate on the role of international law and international judicial institutions in United States law on foreign relations. 152 footnotes.