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Full-Text Articles in Law
To Break Free From Tyranny And Oppression, Evan M. Brewer
To Break Free From Tyranny And Oppression, Evan M. Brewer
Vanderbilt Journal of Transnational Law
Too often states have invoked territorial integrity and nonintervention in defending abuses perpetrated against peoples within their borders. This practice must be stopped by embracing a robust remedial right to secession. Remedial secession takes place when an oppressed people creates an independent state by seceding from a state that denies its right to self-determination. It has been speculatively posited as an "extreme circumstances" possibility, but remedies to denials of the right to self-determination have not been clearly determined beyond the decolonization context. In the post-colonial era, international law has recognized the importance of fundamental human rights to such a great …
Imagining The Homeland From Afar: Community And Peoplehood In The Age Of The Diaspora, Adeno Addis
Imagining The Homeland From Afar: Community And Peoplehood In The Age Of The Diaspora, Adeno Addis
Vanderbilt Journal of Transnational Law
Diasporas--understood as groups of individuals or communities who carry an image of a homeland that is separate from the host land in which they reside--have always been with us. As long as there have been large movements of people across boundaries, be it voluntary or involuntary, there have been diasporas. The image of the homeland that diasporas carry could be real (an existing country) or imagined (a future country). In whatever way diasporas imagine the homeland, they have often attempted to act as if they belong to "we the people" of the homeland. They imagine themselves to be "outside the …
A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz
A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz
Vanderbilt Journal of Transnational Law
The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community's inconsistent response to human shields has placed shield users on an intermittent reinforcement schedule, thereby ensuring that this tactic remains part of insurgent strategy. Long-term protection of civilians requires eliminating this tactic. Principles of behavior science indicate that an effective way to do so is to uniformly remove its …