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12 In this vein, see, in particular, Michael Glennon, Why the Security Council Failed, 82 Foreign Affairs 16, (May/June 2003), available at http://www.foreignaffairs.org, (visited Jul. 30, 2003).Google Scholar

13 Letter from the Permanent Representative of the United States of America to the United Nations, supra note 11.Google Scholar

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21 Art. 51 of the Charter reads: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”Google Scholar

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31 Cf., Fox, George, Comment, in United States Hegemony and the Foundations of International Law 187, 189-90 (Michael Byers and Georg Nolte eds., 2003).Google Scholar

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35 See, Vagts, Detlev, Hegemonic International Law, 95 AJIL 843 (2001); Krisch, in United States Hegemony and the Foundations of International Law 135 (Michael Byers and Georg Nolte eds., 2003). The latter presents such a version of an hegemonic law. However, it remains unclear whether this is the description of an “is”, an “ought”, or simply the U.S. perspective.Google Scholar

36 Krisch, in United States Hegemony and the Foundations of International Law 136 (Michael Byers and Georg Nolte eds., 2003).Google Scholar

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41 Krisch's assertion that a government is not bound by rules (Krisch, in United States Hegemony and the Foundations of International Law 169 (Michael Byers and Georg Nolte eds., 2003)) flies in the face of the Western tradition as encapsulated in John Adams’ pleading for a “government of laws, and not of men.” John Adams, Boston Gazette 1774 No. 7. For a transfer of this adage to the international sphere, see, Elihu Root, Letter of the Honorable Elihu Root to Senator Henry Cabot Lodge regarding the Covenant of the League of Nations, 19 June 1919, 13 AJIL 596, 597 (1919); Bruno Simma, International Adjudication and U.S. Policy – Past, Present, and Future, in Democracy and the Rule of Law 39, 56 (N. Dorsen and P. Gifford eds., 2001).Google Scholar

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