Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith Apr 2019

Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the April 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


The Dynamism Of Treaties, Yanbai Andrea Wang Jan 2019

The Dynamism Of Treaties, Yanbai Andrea Wang

All Faculty Scholarship

How do treaties change over time? This Article joins a growing body of scholarship focusing not on formal change mechanisms but instead on informal change arising from a treaty’s implementation in practice. Informal implementation is often murky, poorly documented, and may be indistinguishable from noncompliance. Yet it is significant both doctrinally under the Vienna Convention on the Law of Treaties—a set of rules for the formation and operation of treaties—and in its own right, when it does not meet the requirements to be doctrinally relevant. Based on a deep dive into the history of one of the oldest areas of …


Contemporary Practice Of The United States Relating To International Law (113:3 Am J Int'l L), Jean Galbraith Jan 2019

Contemporary Practice Of The United States Relating To International Law (113:3 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the July 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


Contemporary Practice Of The United States Relating To International Law (113:4 Am J Int'l L), Jean Galbraith Jan 2019

Contemporary Practice Of The United States Relating To International Law (113:4 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the October 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


The Operational And Administrative Militaries, Mark P. Nevitt Jan 2019

The Operational And Administrative Militaries, Mark P. Nevitt

All Faculty Scholarship

This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the focus …


Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith Jan 2019

Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the January 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


Borders Rules, Beth A. Simmons Jan 2019

Borders Rules, Beth A. Simmons

All Faculty Scholarship

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active forms …