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Full-Text Articles in Law

Child Soldiers, Transitional Justice, And The Architecture Of Post Bellum Settlements, Mark Drumbl Dec 2011

Child Soldiers, Transitional Justice, And The Architecture Of Post Bellum Settlements, Mark Drumbl

Mark A. Drumbl

No abstract provided.


In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg Dec 2011

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …


The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl Dec 2011

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Transcending Victimhood: Child Soldiers And Restorative Justice, Mark Drumbl Dec 2011

Transcending Victimhood: Child Soldiers And Restorative Justice, Mark Drumbl

Mark A. Drumbl

No abstract provided.


China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski Dec 2011

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting out the traits that distinguish …


Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu Nov 2011

Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu

Maxwell O. Chibundu

A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.


Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu Nov 2011

Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.


Tensions Between International Law And Domestic Responsibilities, Maxwell Chibundu Aug 2011

Tensions Between International Law And Domestic Responsibilities, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.


For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu Jul 2011

For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.


International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu Jul 2011

International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.


Nepad And The Rebirth Of Development Theory And Praxis, Maxwell Chibundu Jul 2011

Nepad And The Rebirth Of Development Theory And Praxis, Maxwell Chibundu

Maxwell O. Chibundu

The Black man’s burden again has become the world’s. Not since the early part of the 1960s has the well-being of the Dark Continent attracted the level of attention that it is now generating. Spurred by a variety of motives, including humanitarianism and concerns over the potential of so-called failed states as safe harbours for transnational terrorism, the welfare of the continent has become the special concern of G8 summit meetings. The United Nations Security Council now routinely adopts mandatory resolutions under Chapter VII that expressly and in fine detail regulate military, diplomatic, legal and even commercial interactions with the …


Did Bin Laden's Death Make Amercia Safer?, Ryan Williams May 2011

Did Bin Laden's Death Make Amercia Safer?, Ryan Williams

Ryan T. Williams

No abstract provided.


W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse Apr 2011

W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse Apr 2011

International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse

Rosemary Rayfuse

This paper examines the rules of international law relating to the establishment of maritime zones and their application in the case of sea level rise with particular reference to ‘disappearing states’. Substantive and procedural options for overcoming the presumption of the ambulatory nature of baselines are examined and the analysis applied to situations of inundation of island states by sea level encroachment. It is argued that it would be both inequitable and inconsistent with the objectives of the law of the sea for disappearing states to lose their maritime zones. A solution to the ‘disappearing state’ dilemma is suggested through …


Best Brief -- Intervenor, Pace National Environmental Law Moot Court Competition 2011, Jennifer Hammitt Dec 2010

Best Brief -- Intervenor, Pace National Environmental Law Moot Court Competition 2011, Jennifer Hammitt

Jennifer Hammitt

No abstract provided.


The Crime Of Genocide, Mark Drumbl Dec 2010

The Crime Of Genocide, Mark Drumbl

Mark A. Drumbl

No abstract provided.


The Maritime Labour Convention, 2006: A Legal Primer To An Emerging International Regime, Co-Authored With Dr Moiram Mcconnell And Dominick Devlin, Martinus Nijhoff Publishers, May 2011., Moira L. Mcconnell, Dominick Devlin, Cleopatra Doumbia-Henry Dec 2010

The Maritime Labour Convention, 2006: A Legal Primer To An Emerging International Regime, Co-Authored With Dr Moiram Mcconnell And Dominick Devlin, Martinus Nijhoff Publishers, May 2011., Moira L. Mcconnell, Dominick Devlin, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Policy Through Complementarity: The Atrocity Trial As Justice, Mark Drumbl Dec 2010

Policy Through Complementarity: The Atrocity Trial As Justice, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Collective Responsibility And Post-Conflict Justice, Mark Drumbl Dec 2010

Collective Responsibility And Post-Conflict Justice, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Reimagining Child Soldiers, Mark Drumbl Dec 2010

Reimagining Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.


North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron Mar 2010

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.


Actors And Law-Making In International Environmental Law, Mark Drumbl Dec 2009

Actors And Law-Making In International Environmental Law, Mark Drumbl

Mark A. Drumbl

No abstract provided.


An Excuse-Centered Approach To Transitional Justice, David Gray Aug 2009

An Excuse-Centered Approach To Transitional Justice, David Gray

David C. Gray

Transitional justice asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those most responsible, amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …


Rwanda, Mark Drumbl Dec 2008

Rwanda, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Kenyan Politics And The Politics Of Summer Programs, Patrick Kelly Dec 2008

Kenyan Politics And The Politics Of Summer Programs, Patrick Kelly

Patrick Kelly

This brief article for the Proceedings of the American Society of International Law’s annual symposium discusses the interrelationship of Legal education partnerships in Africa and domestic politics using Kenya as an example. The practicalities and cultural benefits of living and studying in a foreign country are inevitably intertwined with the political tensions and aspirations embedded in that society. This article first discusses the special rewards and practicalities of a summer program in Africa; and then attempts to provide a richer, more complex picture of the recent political struggle and ethnic conflict in Kenya after the December, 2007 Presidential election. It …


Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth Dec 2007

Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth

David A. Wirth

No abstract provided.


The Future Of Standards Supervision: Reconciling Development And Adjustment, Cleopatra Doumbia-Henry Dec 2006

The Future Of Standards Supervision: Reconciling Development And Adjustment, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


The Judicialization Of Dispute Resolution At The World Trade Organization, Mark Drumbl Dec 2006

The Judicialization Of Dispute Resolution At The World Trade Organization, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Atrocity, Punishment, And International Law, Mark Drumbl Dec 2006

Atrocity, Punishment, And International Law, Mark Drumbl

Mark A. Drumbl

Book Reviews

Richard Burchill, 13 J. Conflict Security L. 477 (2008) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Elena Kosolapova, 11 Int'l Community L. Rev. 149 (2009) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Timothy William Waters, Killing Globally, Punishing Locally?: The Still-Unmapped Ecology of Atrocity, 55 Buffalo L. Rev. 1331 (2008) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Pablo Eiroa, Jura Gentium (2008) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Kevin Jon Heller, Deconstructing Criminal Law, 106 Michigan L. …


Self- Defense And The Use Of Force, Mark Drumbl Dec 2006

Self- Defense And The Use Of Force, Mark Drumbl

Mark A. Drumbl

No abstract provided.