Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Authority (3)
- Crimes (3)
- Treaties (3)
- Tribunals (3)
- Atrocities (2)
-
- International criminal law (2)
- International law (2)
- Terrorism (2)
- Treaty interpretation (2)
- Ambiguity (1)
- Appropriations (1)
- Bretton Woods Agreement Act (1)
- Censorship (1)
- China (1)
- Compliance (1)
- Confidentiality (1)
- Congress (1)
- Congressional oversight (1)
- Constitution (1)
- Court of Military Commission Review (1)
- Customary law (1)
- Decision making (1)
- Democracy (1)
- Exclusion (1)
- Executive branch (1)
- Facebook (1)
- Foreign affairs (1)
- Fragmentation (1)
- Funding (1)
- Gender and law (1)
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
A Dual Track Approach To Challenging Chinese Censorship In The Wto: The (Future) Case Of Google And Facebook, Anonymous
Michigan Journal of International Law
As economic and trade policies continue to affect more facets of society, the World Trade Organization’s (WTO) impact on government policy and citizens’ lives has grown. Since its creation on January 1, 1995, the WTO has fostered trade liberalization negotiations and served as a forum where member countries can discuss economic concerns with one another. The WTO is perhaps best known for its dispute settlement mechanism. When countries cannot reach a mutual resolution to a conflict governed by a trade agreement, they can initiate formal legal proceedings against one another by asking for a panel to be appointed. The panel …
Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link
Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link
Michigan Journal of International Law
This Note will examine theoretical problems in ICL and public international law by evaluating the practical implications of applying ICL sources to find criminal liability outside the narrow confines of the international tribunals. It will examine the problems posed by the conflicting standards of the Rome Statute and ICTY jurisprudence as a matter of customary international law, the failure of U.S. courts to effectively confront the contextual and doctrinal analysis necessary to determine the limitations of these sources, and the proper application of these sources to the issues raised in Hamdan II and Al Bahlul. Viewing ICL through the lens …
Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner
Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner
Book Chapters
The last decade has witnessed increased recourse by states to military force to respond to terrorist attacks on their soil that have originated from abroad. A number of states -- including the United States -- have justified these military actions as lawful self-defense in response to an armed attack, as permitted under Article 51 of the United Nations Charter. These claims raise multiple interpretive questions about the meaning of "armed attack" under Article 51 and of the various options that are allowed in response to one. This essay explores the contemporary understanding of an "armed attack" in terms of an …
International Law's Erie Moment, Harlan Grant Cohen
International Law's Erie Moment, Harlan Grant Cohen
Michigan Journal of International Law
The episode put the question starkly: Who fills the gaps in international law and how? A series of tribunals operating under Chapter 11 of the North American Free Trade Agreement (NAFTA) had adopted broader interpretations of vague treaty language than those recommended by the state parties. In response, government ministers from the three state parties, Mexico, Canada, and the United States, operating through the Free Trade Commission (FTC) established by the treaty, adopted "Notes of Interpretation" clarifying their view of the treaty's meaning. International tribunals are generally tasked with examining state practice, either to recognize rules of customary international law …
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Michigan Journal of International Law
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Principled Exclusion: A Revised Approach To Article1(F)(A) Of The Refugee Convention, Jennifer Bond
Michigan Journal of International Law
The focus of this contribution is Article 1(F)(a), a section of the exclusion clause that has increased in both use and profile in recent years. Article 1(F)(a) applies to individuals who may be implicated in crimes against peace (more commonly known today as crimes of aggression), war crimes, or crimes against humanity as such crimes are defined in relevant international instruments. Where a decision maker finds that “there are serious reasons for considering that” an asylum seeker has committed one of these acts, the remainder of the Refugee Convention does not apply, and any protections to which the claimant would …
Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas
Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas
Articles
This article challenges the oft-repeated claim that international organizations undermine democracy by marginalizing national legislatures. Over the past forty years, Congress has established itself as a key player in setting U.S. policy toward the World Bank. Congress has done far more than restrain executive branch action with which it disagrees; it has affirmatively shaped the United States’ day-to-day participation in this key international organization and successfully defended its constitutional authority to do so.
Behind The Flag Of Dunant: Secrecy And The Compliance Mission Of The International Committee Of The Red Cross, Steven Ratner
Behind The Flag Of Dunant: Secrecy And The Compliance Mission Of The International Committee Of The Red Cross, Steven Ratner
Book Chapters
In the world where most NGOs see their role in the international legal process as public advocacy, often through naming and shaming, the International Committee of the Red Cross stands apart. Much of its work consists of confidential visits and secret communications to warring parties. It rarely identifies violators publicly; it leaves its legal position on many issues ambiguous; and at times it avoids legal discourse entirely. This aversion to transparency is not only at odds with the assumptions of the naming and shaming strategy regarding the most effective means to induce compliance. It also makes it almost impossible for …