Law Commons^™

Appendix B: A History Of United States Navy Regulationsgoverning The Use Of Force To Protect Thelives And Property Of Nationals Abroad (Volume 77)

International Law Studies

No abstract provided.

The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley

Scholarly Publications

No abstract provided.

Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

UF Law Faculty Publications

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

UF Law Faculty Publications

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez

University of Miami International and Comparative Law Review

No abstract provided.

Helms Burton: A View From Abroad, Runa Kinzel

University of Miami International and Comparative Law Review

No abstract provided.

The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg

University of Miami International and Comparative Law Review

No abstract provided.

People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.

What Hope For The Future?: Learning The Lessons Of The Past, David Held

Indiana Journal of Global Legal Studies

No abstract provided.

International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler

Articles by Maurer Faculty

No abstract provided.

Prospects For A "World (Internal) Law"?: Legal Development In A Changing International System, Jost Delbruck

Indiana Journal of Global Legal Studies

No abstract provided.

Why International Law Favors Emigration Over Immigration, Thomas Kleven

University of Miami Inter-American Law Review

No abstract provided.

Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

The events of 11 September 2001, which sent shock waves to the conscience of mankind the world over, have entailed other consequences unattended by perpetrators of the terrorist acts against the United States and little suspected by the international community at the time. To every action, there is a reaction. The wheel of international justice moves slowly but surely as it requires necessary accompaniments, especially the overwhelming support of the global community and the underlying rule of international law on the subject.

The terrorist attacks of 11 September 2001 set the stage for an accelerated pace in the progressive concretization …

Review Of: Legalization And World Politics (Judith L. Goldstein Et Al. Eds.), James Pross

RISK: Health, Safety & Environment (1990-2002)

Review of the book: Legalization and World Politics (Judith L. Goldstein et al., eds., MIT Press 2001). Preface, Bibliographic References. ISBN 0-262-57151-X [319 pp. $24.95. Paper, 5 Cambridge Center, Cambridge, MA 02142- 1493].

International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan

Faculty Articles and Other Publications

The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …

Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler

Law Faculty Publications

No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Unratified Treaties And Other Unperfected Acts In International Law: Constitutional Functions, W. Michael Reisman

Vanderbilt Journal of Transnational Law

In international law's sociology of knowledge, unperfected legal acts are routinely examined and assigned some legal valence. Scholars quite properly use such material to assess incipient changes, and treatise and monograph writers are expected to determine whether some unperfected legal material is, or is in the process of becoming, customary international law. This is a perfectly proper use of unperfected legal material, because one of the functions of the scholar is to anticipate trends and to appraise incipient developments in terms of the impacts they may have on the most important goals of the international system. The most acute problem …

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.

The United States Dropped The Atomic Bomb Of Article 16 Of The Icc Statute, Mohamed E. Zeidy

Vanderbilt Journal of Transnational Law

This Article discusses the recent adoption of the Security Council Resolution 1422 and its impact on international law. The Author asserts that the United States--a major proponent of Resolution 1422--desires to immunize its leaders and soldiers from the International Criminal Court's jurisdictional powers. The Author begins by describing the drafting history of Article 16 and its legal consequences. Upon highlighting the most significant reasons for opposing Resolution 1422, the Author delineates how the Resolution mirrors the inconsistency with the United Nations Charter and the Law of Treaties. Finally, the Author concludes that Resolution 1422 should be rejected because it violates …

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …

End The Moratorium: The Timor Gap Treaty As A Model For The Complete Resolution Of The Western Gap In The Gulf Of Mexico, John Holmes

Vanderbilt Journal of Transnational Law

The United States and Mexico recently entered into a treaty to delimit the continental shelf in the Gulf of Mexico, allowing both countries access to explore and exploit valuable natural resources in the Western Gulf. Included in the treaty is a ten-year moratorium on oil production within a buffer zone that encompasses transboundary reserves.

This Note explores the issues surrounding the buffer zone and suggests a model to resolve the dispute over access to transboundary reserves that will benefit both the United States and Mexico. Part 11 describes the relevant international law governing the Gulf of Mexico. Part III outlines …

The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …

Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand

Articles

This essay proposes that an understanding of original concepts of sovereignty both helps explain twentieth century developments in international law and provides a proper context for coming changes in the ways in which persons relate to states, states relate to states within the international legal system, and ultimately and most importantly-the way international law affects and applies to persons. The most important developments in international law in the new century are likely not to be in state-state relationships but rather in the status and rights of the person in international law. The twentieth century process of globalization brought us back …

The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel

Journal Articles

In the first section this article examines the different meanings of subsidiarity, its character as a doctrine of social philosophy and the origins of the concept of subsidiarity in the Community Treaties. The second section of this article describes the community approach to application, interpretation and review of compliance with subsidiarity. In this context, the Principle of Proportionality and the procedural requirement to Show Sufficient Grounds are considered as tools for judicial review and first developments in the case law of the European Court of Justice are discussed. Finally, against the background of political economic theory, the article will highlight …

The European Union Data Privacy Directive And International Relations, Steven R. Salbu

Vanderbilt Journal of Transnational Law

This Article explores the European Union Data Privacy Directive and its impact upon international relations. Part II provides a background upon which the Privacy Directive is built. In Part III, the Article confronts the differences between how the United States and its European counterparts address privacy issues generally. Part IV analyzes the Privacy Directive in detail, while Part V explores possible effects that the Privacy Directive might have on international relations.

Book Review, Steven D. Smith, Reviewer

Vanderbilt Journal of Transnational Law

Surely none of the following essays addresses or explores these claims and questions in any deliberate way. Nonetheless, in these opening pages, it seems that Ahdar is seeking to re-engage the questions that characterized the Western tradition from which our modern issues in law and religion descend, but which that tradition in its modern form has by now largely suppressed. The implication, it seems, is that in order to address the issues of the interaction of law and religion in an efficacious way, we must not only acknowledge that religion is a social phenomenon--although it is that, as Professor van …

Note, When Wishing On A Star Just Won’T Do: The Legal Basis For International Cooperation In The Mitigation Of Asteroid Impacts And Similar Transboundary Disasters, Evan R. Seamone

Journal Articles

This Note uses the threat of collisions of large space bodies with the Earth as a vehicle to investigate the legal duties of nations to participate in collective efforts at megadisaster mitigation. Asteroids and comets are space bodies while meteors occupy a less-threatening category. Although they differ in chemical composition and in visibility to the naked eye, large space bodies can endanger multiple nations simultaneously. Space bodies are ideal topics of investigation because the magnitude of the threats they pose is inestimable. Legal obligations to mitigate Earth impacts apply equally well to other infrequent threats that are currently of the …

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

Scholarly Works

This article examines negotiations toward a Free Trade Area of the Americas (FTAA). It seeks to discern what key negotiating parties want out of such an agreement, and the means through which they have sought to achieve their disparate goals.

The United States and Brazil, in particular, have employed complex negotiating strategies in order to gain theupper hand - strategies prompted by a variety of economic and political dynamics at domestic andsubregional levels. These dynamics include the significant pressure exerted on U.S. policy-makers by constituent groups sensitive to globalization's impact on labor and the environment, as well as the challenge …

The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson

Animal Law Review

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.