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The Sum Of The Parts, Therese O'Donnell

Human Rights & Human Welfare

From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …

Greenlighting American Citizens: Proceed With Caution, Philip Dore

Louisiana Law Review

No abstract provided.

The Age Of Impunity: Using The Duty To Extradite Or Prosecute And Universal Jurisdiction To End Impunity For Acts Of Terrorism Once And For All, Sarah Mazzochi

Northern Illinois University Law Review

Impunity remains one of the greatest challenges facing international peace and security today. This article seeks to lay out possible changes to current international law that are necessary to combat impunity, particularly regarding the international crime of terrorism. Part II will lay out what terrorism is and the obstacles the international community faces in achieving a singular definition for the word. Part II will also discuss the different approaches various conventions have taken in defining terrorism and will propose a concise definition the international community may want to adopt. Part II will end with calling for terrorism to be included …

Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni

University of Miami International and Comparative Law Review

The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …

Probing The Scope Of Self Defense In International Law, Eustace Chikere Azubuike

Annual Survey of International & Comparative Law

The concept of self defense is one field of international law that has generated, and continues to generate, much controversy. The controversy is not as to the legality of self defense, but rather springs from a proper identification of the circumstances under which it applies. Thus, the International Court of Justice and other tribunals have received criticisms from states and academics for a perceived misapplication of the principle of self defense. The interpretation of the concept, like other important concepts in international law, has not been free from political considerations. Does this situation imply that the boundaries of self defense …

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …

Keynote Address To The 20th Annual Fulbright Symposium – International Law In A Time Of Change, Michael Alsuel Ntumy

Annual Survey of International & Comparative Law

The theme of this symposium is International Law in a Time of Change. Considering the events that have engulfed international law in recent times, it is hard to imagine a more important or timely topic than this one. Whether one focuses on the rules, principles and concepts, or the institutions of international law, there is no escape from the fact that these things all bear the indelible imprint of change. This fitting theme has undoubtedly been influenced, I believe, by the "Change" campaign of President Barrack Obama, the “new Prince of Change.” For this reason, I am inclined to …

How To Use The Fulbright Program To Internationalize Your Law School, Dena Davis

Journal of Legal Education

No abstract provided.

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Introduction: Transnational Corporations Revisited, Gralf-Peter Calliess

Indiana Journal of Global Legal Studies

Articles first presented at a symposium in the context of the biannual conference of the German Law & Society Association (Vereinigung fur Recht und Gesellschaft e. V) on "Transnationalism in Law, the State, and Society." This conference was organized together with the Collaborative Research Center (CRC) 597 "Transformations of the State" at the University of Bremen from March 3-5, 2010. The Collaborative Research Center 597 'Transformations of the State," U. BREMEN, www.staat.uni-bremen.de

"Small Boats, Weak States, Dirty Money: Piracy And Maritime Terrorism In The Modern World," Martin N. Murphy, (New York: Columbia University Press, 2009), Francis D. Bonadonna , Capt.

Journal of Strategic Security

No abstract provided.

Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis

University of Miami Law Review

No abstract provided.

New Start: The Contentious Road To Ratification, Elizabeth Zolotukhina

Journal of Strategic Security

Senate ratification of the New START treaty re-established effective bilateral inspection and monitoring of American and Russian nuclear holdings and has the potential to further enhance U.S.-Russian cooperation on key issues, including containing the Iranian nuclear program, and further reductions in the two countries' arsenals. Although the accord was widely heralded as a foreign policy success of the Obama administration, the contentious Senate ratification may impede future progress on arms control.

Ethical Money: Financial Growth In The Muslim World , Bjorn Sorenson

American University International Law Review

No abstract provided.

Ethical Money: Financial Growth In The Muslim World , Bjorn Sorenson

American University International Law Review

No abstract provided.

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Journal of Legal Education

No abstract provided.

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Journal of Legal Education

No abstract provided.

"New Rules For New Wars" International Law And Just War Doctrine For Irregular War, George R. Lucas Jr.

Case Western Reserve Journal of International Law

No abstract provided.

A Memory Of Justice: The Unexpected Place Of Lviv In International Law - A Personal History, Philippe Sands

Case Western Reserve Journal of International Law

Klatsky Lecture

The Crisis Of International Law, Joel P. Tractman

Case Western Reserve Journal of International Law

No abstract provided.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Abusing The Authority Of The State: Denying Foreign Official Immunity For Egregious Human Rights Abuses, Beth Stephens

Vanderbilt Journal of Transnational Law

Government officials accused of human rights abuses often claim that they are protected by state immunity because only the state can be held responsible for acts committed by its officials. This claim to immunity is founded on two interrelated errors. First, the post-World War II human rights transformation of international law has rendered obsolete the view that a state can protect its own officials from accountability for human rights violations. Second, officials can be held individually responsible for their own actions even when international law also holds the states liable for those acts. This Article begins with an analysis of …

Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs

Florida A & M University Law Review

No abstract provided.

Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton

American Indian Law Review

No abstract provided.

Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales

Arbitration Brief

No abstract provided.

Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez

Arbitration Brief

No abstract provided.

International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain

Case Western Reserve Journal of International Law

No abstract provided.

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.

The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.

An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.