Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-jn8rn Total loading time: 0 Render date: 2024-12-24T05:02:40.229Z Has data issue: false hasContentIssue false

5 - The Role of International Law in State Department Policymaking

Published online by Cambridge University Press:  07 June 2024

Philip Moremen
Affiliation:
Seton Hall University, New Jersey
Get access

Summary

Chapter Five examines the role of international law in State Department policymaking. It describes the formal and informal decision-making processes within the State Department, focusing on the influential role of the Legal Adviser and the Legal Adviser’s Office. The chapter then examines closely the weight given by policymakers to legal advice and the nature of the interaction between policymakers and lawyers. Policymakers, at least at higher levels, generally have final decision-making authority, but the views of the Legal Adviser’s Office can be determinative in the relatively rare instances when the lawyers deem a course of action conclusively illegal. Otherwise, the lawyers’ advice is influential, but its weight may vary depending on the circumstances, including the nature of the national interest involved. Many former officials indicated that the development of policy was often a collaborative and constructive process. The lawyers were usually willing to work with policymakers, and they were often willing to find alternative courses of action within the law, though they would not usually budge on an interpretation of the law. Some former officials indicated that their relationship involved greater contestation, resembling a negotiation. When international law conflicted with significant policy interests, policymakers could sometimes seek to overcome those obstacles.

Type
Chapter
Information
Perceptions of State
The US State Department and International Law
, pp. 155 - 196
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×