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The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns Dec 2010

The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns

International Law Studies

No abstract provided.


Introduction (Volume 86) Dec 2010

Introduction (Volume 86)

International Law Studies

No abstract provided.


Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi Dec 2010

Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi

International Law Studies

No abstract provided.


Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker Dec 2010

Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker

International Law Studies

No abstract provided.


Rule Of Law Capacity Building In Iraq, Richard Pregent Dec 2010

Rule Of Law Capacity Building In Iraq, Richard Pregent

International Law Studies

No abstract provided.


The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh Dec 2010

The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh

International Law Studies

No abstract provided.


Detention Operations In Iraq: A View From The Ground, Brian J. Bill Dec 2010

Detention Operations In Iraq: A View From The Ground, Brian J. Bill

International Law Studies

No abstract provided.


The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis Dec 2010

The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis

International Law Studies

No abstract provided.


Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein Dec 2010

Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein

International Law Studies

No abstract provided.


Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe Nov 2010

Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

No abstract provided.


The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The Brown Collar Migration Paradigm, Beth Lyon Feb 2010

The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The Brown Collar Migration Paradigm, Beth Lyon

Working Paper Series

The United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Migrant Worker Convention or Convention) is one of the United Nations' nine core human rights treaties. The United States has neither signed nor ratified the treaty. Despite various reports and articles assessing potential ratification of the Convention by European and other countries, and an even more robust literature examining potential U.S. ratification of other UN core human rights treaties, there has been no examination of the potential for U.S. ratification of this Convention.

The Convention is the most comprehensive global attempt …


Violence Against Women And The Special Rapporteur On Traditional Practices Affecting The Health Of Women And The Girl Child, Ana M. Nacvalovaite Feb 2010

Violence Against Women And The Special Rapporteur On Traditional Practices Affecting The Health Of Women And The Girl Child, Ana M. Nacvalovaite

Ana M Nacvalovaite

The Article portrays a facet of the conflict between the universalism of human rights, and comprehensive analysis of the UN Special Rapporteur on Violence against Women in the case of a woman of Malian origin sentenced to prison in France for Female Genital Mutilation. It synthesizes recognized issues in the discussion and extends them in several important directions that continue to be overlooked, such as ethno-cultural and religious diversity, conflict between the universalism of human rights, the clash between particular cultural practices concerning women and human rights norms concerning the individual, in specifically in the context of liberal democratic states. …


The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris Jan 2010

The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris

Grant H Morris

In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner. …


A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis Jan 2010

A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis

Michael W. Lewis

Abstract The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture …


Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson Jan 2010

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis Dec 2009

A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis

Michael W. Lewis

The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, …


Aking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres Dec 2009

Aking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, …


From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani Dec 2009

From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani

Rishabh Jogani

This article deals with human rights organisations and their organisational set up along with the indian perspective of the same.


Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres Dec 2009

Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, …


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder Dec 2009

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …