Law Commons^™

National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson

Utah Law Review

Scholars have long debated whether and how international law impacts governmental behavior, even in the absence of coercive sanction. But this literature does not sufficiently address the possible impact of international law in the area of national security policymaking. Yet, policies that the executive branch purports to adopt as a wholly discretionary matter may still be heavily influenced by international legal norms, regardless of whether or not those norms are formally recognized as legally binding. And those policies can be surprisingly resilient, even in subsequent administrations. Moreover, because they are only seen as discretionary policies, they may be more easily …

Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron

Honors Theses

This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

UAEU Law Journal

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, …

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

The Icc Should Not Encourage Occupation, Uri Weiss

Touro Law Review

No abstract provided.