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Comparative and Foreign Law

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SelectedWorks

2011

International Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin Feb 2011

Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin

Craig Martin

This article develops an argument for increased constitutional control over the decision to use armed force or engage in armed conflict, as a means of reducing the incidence of illegitimate armed conflict. In particular, the Model would involve three elements: a process-based constitutional incorporation of the principles of international law relating to the use of force (the jus ad bellum regime); a constitutional requirement that the legislature approve any use of force rising above a de minimus level; and an explicit provision for limited judicial review of the decision-making process. The Model is not designed with any one country in …


65-Летие Нюрнбергского Процесса Над Главными Нацистскими Военными Преступниками: Уроки Истории, Leonid G. Berlyavskiy Jan 2011

65-Летие Нюрнбергского Процесса Над Главными Нацистскими Военными Преступниками: Уроки Истории, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

The article is devoted to the research of the Nazi Law that has been carried out by the International Military Tribunal in Nuremberg. The 65 anniversary of its activity is marked now. The basic attention is given to theoretical bases of the charges shown to the main military criminals in the Nuremberg process, totali-tarian system of power, and also the Legal policy of fascist Germany and the basic components of the Nazi Law presented by the main accusers in the process


Can We Find And Stop The "Jihad Janes"?, Diane Webber Jan 2011

Can We Find And Stop The "Jihad Janes"?, Diane Webber

Diane Webber

Two female American citizens, Colleen LaRose, a.k.a. “Jihad Jane” and Jamie Paulin-Ramirez, whose appearance and passports allow them to blend into Western society, currently represent “one of the worst fears” of intelligence and FBI analysts who work to identify terrorist threats. On both sides of the Atlantic, similar problems exist of homegrown terrorism and radicalization, and the internet has a huge impact on these issues. This paper examines the tools available to the U.S. and the U.K. to find and stop potential homegrown terrorists from perpetrating catastrophic acts of terror. After assessing the differences between U.S. and U.K. law, I …