Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
Articles 1 - 30 of 38
Full-Text Articles in Law
Parameters Spring 2024, Usawc Press
Parameters Spring 2024, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor In Chief, Antulio J. Echevarria Ii
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!
International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze
International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze
The US Army War College Quarterly: Parameters
This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Tenor of Our Times
The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …
Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische
Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische
The Journal of Social Encounters
Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …
Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker
Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker
New England Journal of Public Policy
The study analyzes how the government of the Republic of Biafra used international norms to win foreign support during its 1967–1970 campaign to secede from Nigeria. Secession conflicts occur at the intersection of international and domestic politics. For independence movements, support from outside is crucial. But, as Bridget Coggins has asked, how can secession movements find “friends in high places”? International support for unilateral secession attempts is strictly prohibited. Domestic and international asymmetry are limiting secessionist foreign policy instruments to intangible means. Legitimacy is a central concept to illuminate the phenomenon. In international politics, legitimacy depends on the external perception …
The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer
The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer
Genocide Studies and Prevention: An International Journal
In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs
No abstract provided.
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Global Tides
This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Georgia Journal of International & Comparative Law
No abstract provided.
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.
The Sum Of The Parts, Therese O'Donnell
The Sum Of The Parts, Therese O'Donnell
Human Rights & Human Welfare
From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …
Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum
Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum
Human Rights & Human Welfare
A review of:
The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.
Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson
Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson
Human Rights & Human Welfare
A review of:
Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.
Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto
Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto
Human Rights & Human Welfare
A review of:
International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp.
Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick
Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick
Human Rights & Human Welfare
To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.
© Peter Fitzpatrick. …
The Responsibility To Protect: Three Pillars And Four Crimes, Heraldo Muñoz
The Responsibility To Protect: Three Pillars And Four Crimes, Heraldo Muñoz
Human Rights & Human Welfare
The adoption of the concept of “Responsibility to Protect” (RtoP) by the Heads of State and Government in the September 2005 United Nations World Summit was a historic landmark which has generated great attention as a potentially powerful instrument to impede humanitarian tragedies. Yet much has been missing, or misinterpreted, in the public discussion of this emerging norm. Some fear that RtoP could be abused by powerful countries to intervene in developing nations alleging altruistic motives, while others believe that RtoP is already a rule of customary international law that should be applied unconditionally and without delay in the face …
James Pattison On Waging Humanitarian War: The Ethics, Law, And Politics Of Humanitarian Intervention By Eric A. Heinze. Albany: Suny Press, 2009. 224pp., James Pattison
Human Rights & Human Welfare
A review of:
Waging Humanitarian War: The Ethics, Law, and Politics of Humanitarian Intervention by Eric A. Heinze. Albany: SUNY Press, 2009. 224pp.
A Symposium On Confronting Global Terrorism And American Neo-Conservatism: The Framework Of A Liberal Grand Strategy. By Tom Farer. Oxford, Uk: Oxford University Press, 2008., Richard Falk, Dino Kritsiotis, Paul Taylor, Tom Farer
A Symposium On Confronting Global Terrorism And American Neo-Conservatism: The Framework Of A Liberal Grand Strategy. By Tom Farer. Oxford, Uk: Oxford University Press, 2008., Richard Falk, Dino Kritsiotis, Paul Taylor, Tom Farer
Human Rights & Human Welfare
A review of:
Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. By Tom Farer. Oxford, UK: Oxford University Press, 2008.
Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg
Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg
Human Rights & Human Welfare
A review of:
International Peacekeeping edited by Boris Kondoch. Aldershot: Ashgate, 2007. 578pp.
David P. Forsythe On John Charvet And Elisa Kaczynska-Nay. The Liberal Project And Human Rights: The Theory And Practice Of A New World Order. New York, Ny: Cambridge University Press, 2008. 446pp., David P. Forsythe
Human Rights & Human Welfare
A review of:
John Charvet and Elisa Kaczynska-Nay. The Liberal Project and Human Rights: The Theory and Practice of a New World Order. New York, NY: Cambridge University Press, 2008. 446pp.
Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill
Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill
Human Rights & Human Welfare
A review of:
Democracy as Human Rights: Freedom and Equality in the Age of Globalization by Michael Goodhart. London: Routledge, 2005.
Tugba Basaran On The Rights Of Refugees Under International Law By James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp., Tugba Basaran
Human Rights & Human Welfare
A review of:
The Rights of Refugees Under International Law by James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp.
Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert
Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert
Human Rights & Human Welfare
A review of:
Democracy, Minorities, and International Law by Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 pp.
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Human Rights & Human Welfare
From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.
© Susan Waltz. All rights reserved.*
*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Human Rights & Human Welfare
A review of:
Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.
The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham
The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham
Human Rights & Human Welfare
A review of:
The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.
and
At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.
Beyond Power Politics: International Law And Human Rights Discourse In The Post-9/11 World, J. Peter Pham
Beyond Power Politics: International Law And Human Rights Discourse In The Post-9/11 World, J. Peter Pham
Human Rights & Human Welfare
A review of:
Imperialism, Sovereignty and the Making of International Law by Antony Anghie. Cambridge, UK: Cambridge University Press, 2005. 356 pp.
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Human Rights & Human Welfare
No abstract provided.