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International Law

Selected Works

2016

International law

Articles 1 - 9 of 9

Full-Text Articles in Law

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson Feb 2016

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson

James Houck

The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …

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The Commander In Chief And United Nations Charter Article 43: A Case Of Irreconcilable Differences?, James W. Houck Feb 2016

The Commander In Chief And United Nations Charter Article 43: A Case Of Irreconcilable Differences?, James W. Houck

James Houck

Part II of this paper provides an overview of the U.N. Charter's framework for collective security, with a particular focus on the Charter's provision for the. creation, command, and control of U.N. military forces. During the Cold War, this framework fell into desuetude, and U.N. forces that participated in enforcement actions, such as Korea and Iraq, as well as peacekeeping operations, were created in ad hoc fashion outside the Charter's framework. Part III examines this development and considers how the conclusion of an Article 43 agreement might alter the President's authority under international law to pursue U.S. interests while participating …

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Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah Feb 2016

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Tawia B. Ansah

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

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War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah Feb 2016

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Tawia B. Ansah

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

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International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow Feb 2016

International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow

M. C. Mirow

In 1978, an Argentine diplomat proposed a method of defusing a territorial dispute that very nearly sparked off a war between Argentina and Chile, It,was an offer calculated to be rejected by Chile, and yet Chile’s immediate response was “Agreed” - a response so unthinkable to Argentina that within hours its military Junta revoked the power of the Foreign Minister and the President to sign the agreement it had just proposed. In December 1978, the countries were quickly moving towards a war that, if waged, would most likely have engulfed much of Latin America. The Vatican, however, intervened and brought …

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Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey Dec 2015

Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey

Jack I Garvey

This article proposes a solution to the crisis of due process that has been generated by the UN Security Council targeting sanctions against listed individuals, commercial entities and other organizations. It addresses the strategic paradox that UN listing, ostensibly designed to enhance global security, is increasingly undermining the legitimacy and efficacy of targeted sanctions. The article proposes, for constructive resolution of the due process dilemma of UN listing, that the blacklisting mandated by sanctions resolutions of the United Nations Security Council be undertaken exclusively through the processes of national and regional law. The article explains how this can avoid the …

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Supranationalism And Foreign Law At The Court Of Justice Of The Eu Symposium: Foreign Law In Constitutional Courts: Introduction, Fernanda Nicola Dec 2015

Supranationalism And Foreign Law At The Court Of Justice Of The Eu Symposium: Foreign Law In Constitutional Courts: Introduction, Fernanda Nicola

Fernanda G. Nicola

By virtue of its peculiar position as the world’s first supranational court, the comparative legal method and the use of foreign law hold a particular significance for the Court of Justice of the European Union (CJEU, or “the Court”). This supranational characteristic, however, places the Court under an intense and unique set of judicial and political pressures. The Court must ensure the autonomy, exclusivity, and functioning of the EU’s legal order, while remaining sensitive to the fact that it is positioned as a central node in a network of national, international, and foreign courts that are profoundly affected by its …

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The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan Dec 2015

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Donald J. Kochan

Debates have intensified in recent years about the utility of legal scholarship generally, and international law scholarship has not been immune from some specific, targeted scrutiny. Yet few fields of legal scholarship have a history like international law scholarship, where the courts and other authorities have identified scholars of international law as holding a special place of privilege and stature in the interpretation of international law. This essay examines the unique role of international law scholarship in the interpretation of international law by courts and other authorities. Furthermore, through various data compilations and the depictions of trends in more than …

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Rerum Novarum: New Things And Recent Paradigms Of Property Law, M. C. Mirow Dec 2015

Rerum Novarum: New Things And Recent Paradigms Of Property Law, M. C. Mirow

M. C. Mirow

The two most recent paradigmatic moments in the development of property law were the construction of "social property" about a hundred years ago and of "international property" quite recently. This study analyses two important texts as illustrations of these changes: Leo XIII's encyclical Rerum Novarum (1891) and John Sprankling's book The International Law of Property (2014). Each text signals a paradigm shift in our understanding of property.

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