Law Commons^™

The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.

Dr. Muhammad Munir

Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …

Current Developments: The Sixth Session (Part Two) And Seventh Session Of The Conference Of The Parties To The Framework Convention On Climate Change, David A. Wirth

David A. Wirth

No abstract provided.

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.

Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Legal Control Of International Terrorism: A Policy-Oriented Assessment, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Compliance Control In International Environmental Law: Traversing The Limits Of The National Legal Order, André Nollkaemper

André Nollkaemper

No abstract provided.

Book Review (Reviewing Vera Gowlland-Debbas Ed., United Nations Sanctions In International Law (2001) And Paul Conlon, United Nations Sanctions Management: A Case Study Of The Iraq Sanctions Committee, 1990-1994 (2000)), Bartram Brown

Bartram Brown

No abstract provided.

St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Novas Formas De Comércio Internacional: O Comércio Eletrônico - Desafios Ao Direito Tributário E Econômico., Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo traz algumas questões jurídicas pertinentes à nova realidade econômica introduzida pela disseminação do comércio eletrônico. Partindo de uma análise dos aspectos internacionais do comércio eletrônico e as principais questões que, à época, angustiavam os juristas pátrios e estrangeiros. A abordagem, ora

zetética e ora dogmática, revela a novidade do tema e os primeiros passos necessários para a sua exploração jurídica.

The paper has some relevant legal issues about the new economic reality introduced by the spread of electronic commerce. From an analysis of international aspects of electronic commerce and the main issues that, at that time, distressed native …

Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa

Uche Ewelukwa

By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating …

Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul R. Williams, Karina M. Waller

Paul Williams

In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia. During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …

Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …