Law Commons^™

Marten Zwanenburg On Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice By Ray Murphy. New York: Cambridge University Press, 2007. 392 Pp., Marten Zwanenburg

Human Rights & Human Welfare

A review of:

UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice by Ray Murphy. New York: Cambridge University Press, 2007. 392 pp.

Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.

All Faculty Scholarship

Current odious debt doctrine– using the term “doctrine” loosely, since it has never formally been adopted by a court or international decision maker– dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. Sack suggested that debt obligations are odious and therefore unenforceable if 1) they were incurred without the consent of the populace; 2) they did not benefit the populace; and 3) the lender knew or should have known about the absence of consent and benefit. The tripartite Sack definition, which quickly became the foundation of odious debt analysis, contemplates a debt-by-debt approach to questionable …

Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua

Journal Articles

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …

Christina M. Cerna On The Un International Criminal Tribunals, The Former Yugoslavia, Rwanda And Sierra Leone By William A. Schabas. New York, Cambridge University Press, 2006. 711 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The UN International Criminal Tribunals, The former Yugoslavia, Rwanda and Sierra Leone by William A. Schabas. New York, Cambridge University Press, 2006. 711 pp.

U.N. Documents In U.S. Case Law, Paul Hellyer

Library Staff Publications

Mr. Hellyer explores the role pLayed by U.N. documents in the opinions of United States courts. He examines the subject matter of opinions in which U.N. documents were cited, the types of documents that were cited, the purpose of the citations, the treatment received by the cited documents, and the time periods in which the citations occurred.

What Is The Use Of International Law? International Law As A 21st Century Guardian Of Welfare, Emmanuelle Jouannet

Michigan Journal of International Law

The thesis of this Essay is that international law currently represents a welfare-driven and bio-political structuring mode for international society which not only counterbalances liberal economic globalization, but also draws from it. This inquiry offers a political interpretation of contemporary international law to clarify its functioning and the effects of its legal rationality, as well as to answer the question of its efficacy. An evolution has taken place for at least a century and has only attainted partial completion. It is the fruit of modernity that constantly projects its aspirations, its unity, and its contradictions onto the international legal system. …

The Final Frontier: The Laws Of Armed Conflict And Space Warfare, Jackson N. Maogoto, Steven Freeland

Jackson Nyamuya Maogoto

This article focuses on the application of the current laws of war to the emerging phenomenon of space weaponization and the increasing likelihood in the next few decades of space becoming a battleground. This predicament requires new ways of thinking and legal regulation, considering that the existing principles of the Laws of Armed Conflict (LOAC) are primarily focused on air, land and terrestrial warfare. This article addresses the special problems arising from applying the LOAC to space warfare. It will also analyze the significant problems posed by space assets dedicated to uses of both a civilian and military nature – …

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Scholarly Articles

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated upon …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

Remarks On Intervention, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Publications

No abstract provided.

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.

United Nations Update, Brent D. Hessel

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

Human Rights Brief

No abstract provided.

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.

Why Refugee Law Still Matters, James C. Hathaway

Articles

I am concerned that the singular importance of international refugee law is profoundly misunderstood. My more specific worry is that erroneous and competing claims by governments and the refugee advocacy community about the structure and purpose of refugee law threaten its continuing ability to play a truly unique human rights role at a time when no meaningful alternative is in sight.

Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price

Law Faculty Scholarly Articles

The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …

The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell, Maria Alevras-Chenl

Journal Articles

Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of collective self-defense with Iraq …