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Articles 1 - 12 of 12

Full-Text Articles in Law

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii Aug 2007

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii

International Law Studies

No abstract provided.


Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom May 2007

Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom

San Diego International Law Journal

With the end of the Cold War-the principal international political framework that shaped the international system since the end of WWII-an increasing number of global tensions have arisen which have brought to the fore questions about the ability of existing international law to provide a guiding framework for state behavior. Debates over the limits of state sovereignty, the appropriateness of humanitarian intervention, the justness of pre-emptive war, the definition of self-defense, the legality of replacing a government in the interests of your ideals, and how to deal with terrorism have dominated discussions around the world. Moreover, these discussions have caused …


A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki Jan 2007

A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki

Jackson Nyamuya Maogoto

This Article uses the Darfur Crisis in Sudan as a case study. It argues that rather than eliminating sovereignty as a political ideology, a more productive enterprise would be to refocus the discourse away from the traditional structural understanding of the term, which only serves to accentuate the level of discrepancy between the theological and the political definitions of the term and which ultimately leaves the false impression that absolute sovereignty is somehow realizable in the international political sphere. This refocus would constitute a shift toward a functional conception of sovereignty, wherein the purpose that State sovereignty would serve in …


A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein Jan 2007

A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein

Faculty Publications

Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …


"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews Jan 2007

"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews

Articles & Chapters

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.


International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng Jan 2007

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider Jan 2007

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.


United Nations Update, Brent D. Hessel Jan 2007

United Nations Update, Brent D. Hessel

Human Rights Brief

No abstract provided.


Ngo Update, Julie A. Gryce Jan 2007

Ngo Update, Julie A. Gryce

Human Rights Brief

No abstract provided.


Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon Jan 2007

Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon

Human Rights Brief

No abstract provided.


An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen Jan 2007

An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen

Human Rights Brief

No abstract provided.


International Human Rights Law: An Introduction, Connie De La Vega, David S. Weissbrodt Dec 2006

International Human Rights Law: An Introduction, Connie De La Vega, David S. Weissbrodt

Connie de la Vega

For more than half a century, the world community has sought to codify a series of fundamental precepts intended to prevent such abuses of human rights as torture, discrimination, starvation, and forced eviction. The United Nations, other international organizations, regional institutions, and governments have developed various procedures for protecting against and providing remedies for human rights violations. International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics. The book comprises three sections: an overview of the development of human rights as a …