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Articles 1 - 5 of 5

Full-Text Articles in Law

Executive Detention In Time Of War, Richard A. Posner May 1994

Executive Detention In Time Of War, Richard A. Posner

Michigan Law Review

A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson


Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley Jan 1994

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.


Energy Trade And The National Security Exception To The Gatt, Donald N. Zillman Jan 1994

Energy Trade And The National Security Exception To The Gatt, Donald N. Zillman

Faculty Publications

Three topics combine in this paper: international trade, national security, and energy. The specific focus of the paper is the General Agreement on Tariffs and Trade (GATT) and the "essential security interests" exception contained in Article XXI. The provisions of the GATT set out the structure of a system to encourage international trade by reducing tariffs and other trade barriers. More broadly, many aspects of international trade in energy have developed outside the structure of GATT or with the implied assumption that Article XXI or another GATT exception would take them out of normal GATT arrangements. National security matters have …


Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule Jan 1994

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.


The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate Jan 1994

The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.