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Articles 1 - 30 of 31
Full-Text Articles in Law
International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz
International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
Nowadays and concretely after the end of Cold War, it is quite visible that the activity of the Security Council is showing a variation to the traditional conception of the international system, as the increase of actions starting from the invocation of Chapter VII of the Charter of the United nations was accompanied by new controversial outcomes. This paper intends to describe several legal issues related to the imposition of economic sanctions by the Security Council, in order to show that even if it appears that such organ of the United Nations has a wide margin of appreciation when maintaining …
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
New Challenges In An Era Of Global Water Scarcity , David Hunter
New Challenges In An Era Of Global Water Scarcity , David Hunter
David B. Hunter
No abstract provided.
October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio
October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Responsibility to Protect: Timely and Decisive Response” Ban Ki-moon, July 2012.
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Human Rights & Human Welfare
Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Human Rights & Human Welfare
UN Secretary-General Ban Ki-Moon's most recent report on RtoP seeks to evaluate the various ways that Pillar Three of RtoP can be implemented. As anyone familiar with RtoP is aware, the commitment is understood to have three separate but interrelated pillars. The first pillar says that states have the primary responsibility to protect their own citizens from genocide, war crimes, crimes against humanity, and ethnic cleansing. Pillar Two says that the international community should assist states in fulfilling this responsibility, while Pillar Three says that if the state fails in its primary responsibility to protect its citizens from these crimes, …
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
Human Rights & Human Welfare
The United Nations Secretary-General's report on pillar three of the responsibility to protect (RtoP), "Responsibility to Protect: Timely and Decisive Response," is the most interesting, timely, and decisive of his four reports thus far on the RtoP. To start with, the subject matter of pillar three – the international community's potentially coercive responses to humanitarian crises, including humanitarian intervention – is the most controversial part of the RtoP doctrine and the area that has attracted the most criticism from skeptics. Previous reports, such as Implementing the Responsibility to Protect(2009), gave pillar three, and humanitarian intervention in particular, fairly short shrift, …
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Human Rights & Human Welfare
Reflecting upon United Nations Secretary-General Ban Ki-moon's recent report concerning the third pillar of the Responsibility to Protect (RtoP), on the "timely and decisive response," two items become clear to me. First is that the third pillar is inherently coercive in nature, even though the report and many RtoP pundits stress that it entails more than merely sanctioning the use of force. Second is that this is unsurprising if we recall that the purpose of RtoP is to ensure the protection of particular human rights (rights against: genocide, war crimes, crimes against humanity, and ethnic cleansing) and that having a …
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Articles
Sri Lanka's civil war came to a bloody end in May 2009, with the defeat of the Liberation Tigers of Tamil Eelam (LTTE) by Sri Lanka's armed forces on a small strip of land in the island's northeast. The conflict, the product of long-standing tensions between Sri Lanka's majority Sinhalese and minority Tamils over the latter's rights and place in society, had begun in the mid-1980s and ebbed and flowed for some twenty-five years, leading to seventy to eighty thousand deaths on both sides. Government repression of Tamil aspirations was matched with ruthless LTTE tactics, including suicide bombings of civilian …
Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky
Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky
2012 Energy Justice Conference and Technology Exposition (September 17-18)
Presenter: Dr. Paul Chinowsky, Director, Mortenson Center in Engineering for Developing Communities; Professor, University of Colorado
25 slides
Detention Of Terrorists In The Twenty-First Century, William K. Lietzau
Detention Of Terrorists In The Twenty-First Century, William K. Lietzau
International Law Studies
No abstract provided.
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
Research Collection School of Social Sciences
This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into better local practices. Institutionalization of universal human rights principles began in the immediate post–World War II period, in which civil society actors worked with powerful states to establish human rights as a key guiding principle of the international community and to ensure the actors' continuing participation in international human rights institutions. The subsequent decades saw various hurdles arise in international politics, …
Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman
Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman
Dr. Kyle S. Herman
I invoke Carl Schmitt's Critique of Liberalism outlined in "The Concept of the Political" to better understand the European Union (EU) as a governmental institution. It is my contention that the EU is a liberal institution, with the sole intent to drive economic policy while ignoring identity, similar to what Schmitt rails against in his critique of liberalism. For that reason I demonstrate how the EU fits well into the mold Schmitt laid out to identify liberal politics. Therefore I use Schmitt's critique as both a starting point for defining the European Union and, by superimposing his critique onto the …
A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. Mccullough
A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. Mccullough
Pepperdine Law Review
No abstract provided.
Book Review, International Organizations: Politics, Law, Practice (2010), Timothy L. Meyer
Book Review, International Organizations: Politics, Law, Practice (2010), Timothy L. Meyer
Scholarly Works
This essay reviews Ian Hurd’s International Organizations: Politics, Law, Practice. International law and international relations scholars are increasingly interested in the variation in the structures and powers of international organizations, as well as how that variation affects state decisions to comply with international law. Hurd’s book offers a nuanced overview of the relationship between the legal powers of international organizations and the political contexts in which they operate. The book uses eight case studies, including the United Nations, the World Trade Organization, the International Court of Justice, and the International Labor Organization, to assess how different political environments and institutional …
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
San Diego International Law Journal
In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
San Diego International Law Journal
This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …
March Roundtable: Responding To Syria, Introduction, Claudia Fuentes Julio
March Roundtable: Responding To Syria, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Save Us from the Liberal Hawks” by David Rieff. Foreign Policy, February 13, 2012.
An Examination Of The Varying Role Of The United Nations In The Civil Wars Of Rwanda And El Salvador, Vanessa Jaramillo-Cano
An Examination Of The Varying Role Of The United Nations In The Civil Wars Of Rwanda And El Salvador, Vanessa Jaramillo-Cano
Calvert Undergraduate Research Awards
The purpose of this work is to examine the efforts of the United Nations in the Post-Cold War era with special emphasis on peacekeeping missions. A comparative study of recent United Nations peacekeeping operations will be completed to identify the variables that encourage or discourage international (UN) involvement in cases of civil conflict. For the purpose of this work, civil conflict will be narrowly defined as a domestic conflict with two major armed groups (ie: civil wars). Two countries will be studied to explore the nature of the respective conflicts, the transitional methods used by the peacekeeping mission to return …
The Humanitarian And Human Rights Duties Of The United Nations Security Council, George E. Weber
The Humanitarian And Human Rights Duties Of The United Nations Security Council, George E. Weber
University of Baltimore Journal of International Law
International intervention has increased in recent history for the abuses of humanitarian law and human rights. This article reflects on the history of human rights and humanitarian law reasoned interventions authorized by the United Nations Security Council and examines whether a duty now exists in international law for future action. The question of whether a duty exists, and the legal repercussions of failing to exercise that duty, is of paramount importance to international law. Whether the duty currently exists or is currently developing, the analysis that follows will show why the Security Council should have the duty of intervention and …
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson
Richmond Journal of Global Law & Business
Finally emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms promoting the “rule of law” in post-conflict countries.
This paper addresses arguments that early legal and economic reforms implemented by the Coalition Provisional Authority (CPA) and the Iraqi Interim Government (IIG) …
Signal And Affirm: How The United Nations Should Articulate The Right To Remedial Secession, John R. Ablan
Signal And Affirm: How The United Nations Should Articulate The Right To Remedial Secession, John R. Ablan
Vanderbilt Journal of Transnational Law
In international law, the right of peoples to self-determination as applied to remedial secession is anything but clear. The International Court of Justice had an opportunity to clarify this area of law in its recent advisory opinion concerning the unilateral declaration of independence made by Kosovo. Much to the disappointment of international commentators, the Court expressly declined to adjudicate whether Kosovo had, by its declaration, attained state status. Instead, the Court declared that international law does not prohibit unilateral declarations of independence. This Note argues that the proper method for the United Nations to articulate international law of secession is …
Apprehending War Criminals:Does International Cooperation Work?, Patricia M. Wald
Apprehending War Criminals:Does International Cooperation Work?, Patricia M. Wald
American University International Law Review
No abstract provided.
Lina Acalugaritei And Karen Mingst On From Human Trafficking To Human Rights: Reframing Contemporary Slavery. Edited By Alison Brysk & Austin Choi-Fitzpatrick. Philadelphia, Pa: University Of Pennsylvania Press, 2012. 280pp., Lina Acalugaritei, Karen Mingst
Lina Acalugaritei And Karen Mingst On From Human Trafficking To Human Rights: Reframing Contemporary Slavery. Edited By Alison Brysk & Austin Choi-Fitzpatrick. Philadelphia, Pa: University Of Pennsylvania Press, 2012. 280pp., Lina Acalugaritei, Karen Mingst
Human Rights & Human Welfare
A review of:
From Human Trafficking to Human Rights: Reframing Contemporary Slavery. Edited by Alison Brysk & Austin Choi-Fitzpatrick. Philadelphia, PA: University of Pennsylvania Press, 2012. 280pp.
International Organization And Poverty Alleviation, William F. Felice, Diana Fuguitt
International Organization And Poverty Alleviation, William F. Felice, Diana Fuguitt
Human Rights & Human Welfare
A review of:
The World Trade Organization and Human Rights: Interdisciplinary Perspectives. Edited by Sarah Joseph, David Kinley & Jeff Waincymer. Cheltenham, UK: Edward Elgar. 2009.
and
Global Poverty, Ethics and Human Rights. By Desmond McNeill & Asunción St. Clair. New York, NY: Routledge. 2009.
and
Hypocrisy Trap: The World Bank and the Poverty of Reform. By Catherine Weaver. Princeton, NJ: Princeton University Press. 2008.
U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken
U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs
Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs
Faculty Publications
No abstract provided.
The U.K. Bribery Act: Endless Jurisdictional Liability On Corporate Violaters, Jessica A. Lordi
The U.K. Bribery Act: Endless Jurisdictional Liability On Corporate Violaters, Jessica A. Lordi
Case Western Reserve Journal of International Law
No abstract provided.