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Selected Works

Winston P Nagan

2012

International Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Freedom From Fear: International Law As A Constructive Force For Supporting American Foreign Policy, Winston Nagan Aug 2012

Freedom From Fear: International Law As A Constructive Force For Supporting American Foreign Policy, Winston Nagan

Winston P Nagan

This article reveiews the history of the trend in the United States Supreme Court for the strong application of international law as a part of U.S. law. It reviews the judicial practice as well as the influence of extra-judicial factors such as exceptionalism and isolationism. This article reflects on the contemporary problems which have generated a secepticism of international law and seeks to clarify the compatability of the most defensible values of U.S. foreign policy and those of the U.N. Charter.


Aesthetics And Human Rights, Winston Nagan, Aitza Haddad Mar 2012

Aesthetics And Human Rights, Winston Nagan, Aitza Haddad

Winston P Nagan

This article seeks to contribute to a better understating of the relationship between aesthetics and fundamental human rights. The initial challenge was to develop a more clarified conception of aesthetics as a social process in order to better mark those aspects of aesthetics that have clear human rights implications. This required us to contextualize the aesthetics process in terms of the generally accepted model of communications theory, and then to deepened the inquiry using this model as the broad architectural foundation for unpacking the social process of aesthetics. These ideas were put into the context of significant contributions from the …


The Emerging Restrictions Of Sovereign Immunity: Premptory Norms Of International Law, The Un Charter, And The Application Of Modern Communications Theory, Winston P. Nagan Feb 2012

The Emerging Restrictions Of Sovereign Immunity: Premptory Norms Of International Law, The Un Charter, And The Application Of Modern Communications Theory, Winston P. Nagan

Winston P Nagan

The article is titled The Emerging Restrictions on Sovereign Immunity: Peremptory Norms of International Law, the UN Charter, and the Application of Modern Communications Theory. The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the …