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Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet

San Diego International Law Journal

This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman

Reports

The Commission on Human Rights, in resolution 2004/87, decided to designate, from within existing resources, for a period of one year, an independent expert to assist the High Commissioner for Human Rights in the fulfillment of the mandate described in the resolution and, “taking fully into account the study requested in General Assembly resolution 58/187, as well as the discussions in the Assembly and the views of States thereon, to submit a report, through the High Commissioner, to the Commission at its sixty-first session on ways and means of strengthening the promotion and protection of human rights and fundamental freedoms …

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.

Terrorists, Warlords, And Thugs , David M. Crane

American University International Law Review

No abstract provided.

United Nations Update, Nicholas Leddy

Human Rights Brief

No abstract provided.

The Millennium Development Goals And Hiv/Aids, J.C. Sylvan

Sustainable Development Law & Policy

No abstract provided.

New Challenges In An Era Of Global Water Scarcity , David Hunter

Sustainable Development Law & Policy

No abstract provided.

Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman

American Indian Law Review

No abstract provided.

Neotrusteeship In Bosnia, Lauren Ingram

Human Rights & Human Welfare

The conflict in Bosnia resulted in 4.3 million displaced people, 250,000 estimated casualties, and more than 200,000 wounded including 50,000 children. (Cousens and Carter 25). In 1995, these facts became known to the world when the U.N. Protection Force (UNPROFOR), NATO, and the United States were able to reach a peace agreement with warring factions. As in World War II, Bosnian-Serbians, Bosnian-Croatians, Croatians, Muslim were active combatants. However, unlike World War II, no single governing authority emerged. Instead, the U.N., with key U.S. involvement, had to institute not only peace but also an administration that could uphold that peace. The …

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Book Review, Michael Kagan

Scholarly Works

There is a frequent critique of the UN High Commissioner for Refugees’ protection role, which goes like this: as UNHCR has grown as a humanitarian aid delivery agency, law and human rights have lost currency. In Rights in Exile: Janus-Faced Humanitarianism, Guglielmo Verdirame and Barbara Harrell-Bond (with Zachary Lomo and Hannah Garry) take this as a starting point from which to reach a far more searing conclusion: UNHCR itself directly violates the human rights of the people it is supposed to protect. Detailed, direct and at times passionate, this book should be required reading for anyone who wants to …

The Right Of States To Repatriate Former Refugees, James C. Hathaway

Articles

Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …

Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Faculty Scholarship

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …

United Nations Update, Nicole Trudeau

Human Rights Brief

No abstract provided.

The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt

Journal Publications

This article seeks to examine the sum and substance of the evolving intervention regime in Africa. I employ a structural approach to highlight the normative framework governing humanitarian intervention in Africa at the sub-regional and regional levels. The article is meant to be a snapshot rather than a comprehensive treatment of the law of intervention in Africa. Space constraints preclude examination of the legality of the various post-Cold War, unilateral African interventions (i.e., those that took place without prior Security Council authorisation or valid state consent). These include the interventions by the Economic Community of West African States (ECOWAS) in …

The Un And The Responsibility To Practice Public Health, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein

Publications

No abstract provided.

Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel

Journal Articles

The conference on Reforming the United Nations: The use of force to safeguard international security and human rights, co-sponsored by Northwestern University School of Law and the Katholieke Universiteit Leuven Faculty of Law as their Fourth Annual Transatlantic Dialogue, was held in January 2005.

Its timing was propitious. It was held one month after publication of the report of the prestigious and geographically diverse High-Level Panel on Threats, Challenges, and Change, appointed by UN Secretary-General Kofi Annan. Among many other proposals to reform the UN, the High-Level Panel recommended expansion of the Security Council, new guidelines for use of force …