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Full-Text Articles in Law
Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck
Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck
Michigan Journal of International Law
This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.”
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
Michigan Journal of International Law
The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …
Fifth Colloquium On Challenges In International Refugee Law. The Michigan Guidelines On The Right To Work., Penelope Mathew
Fifth Colloquium On Challenges In International Refugee Law. The Michigan Guidelines On The Right To Work., Penelope Mathew
Michigan Journal of International Law
An Explanatory Note covering the Fifth Michigan Colloquium on Challenges in International Refugee Law and the Right to Work.
The Michigan Guidelines On The Right To Work
The Michigan Guidelines On The Right To Work
Michigan Journal of International Law
The right to work is fundamental to human dignity. It is central to survival and development of the human personality. According to the International Labour Organization (ILO), decent work "sums up the aspirations of people in their working lives-for opportunity and income; rights, voice and recognition ..." Work is interrelated, interdependent with, and indivisible from the rights to life, equality, the highest attainable standard of physical and mental health, an adequate standard of living, the right to social security and/or social assistance, freedom of movement, freedom of association, and the rights to privacy and family life, among others.
The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema
The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema
Michigan Journal of International Law
This Article adds to a nascent and still limited awareness that something important is afoot in international law: the activity of Conferences of the Parties (COPs) to multilateral environmental agreements (MEAs). Some of this activity-such as formal amendments to a treaty or protocol- requires a state party's consent before it will be binding on that state. This activity fits easily within traditional categories of the sources of international law and gives rise to new obligations for states that are identifiable as hard law. However, other activity by COPs does not require the consent of every state party to the treaty …
Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford
Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford
Michigan Journal of International Law
This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the "responsibility to protect" concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that "the primary raison d'être and duty" of every State is …
Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem
Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem
Michigan Journal of International Law
This Essay addresses this question in the context of the evolving status of indigenous peoples in international law. International instruments vest rights in indigenous peoples, and establish indigenous peoples as international legal actors to whom States and other international legal actors owe legal duties and obligations. These developments began between the First and Second World Wars, when the International Labour Organization (ILO) began to supervise indigenous working conditions in colonies. They continued after the Second World War with ILO Conventions No. 107 and 169, which vested rights in indigenous populations located in States that are a party to their terms. …
Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster
Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster
Michigan Journal of International Law
This Article first questions the legitimacy of protection elsewhere practices. It then considers the circumstances in which the transfer of refugees might take place. It should be emphasized that the Michigan Guidelines set out the minimum requirements and constraints imposed by international law when a state wishes to implement a protection elsewhere policy. In addition, in some instances the Michigan Guidelines engage in "progressive development" of the law by suggesting safeguards that, while not strictly required by international law, should be respected in order to ensure the implementation of such policies in a way that protects and ensures the rights …
Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams
Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams
Michigan Journal of International Law
This Note considers implications for the human fight to water in the context of the trend toward privatization of water supplies. Part II examines the legal bases of the right to water, and Part III discusses the potential obligations that arise from it. Part IV then looks at the interaction between the fight to water and arrangements to privatize water supplies. This Note posits that human rights law does not simply support or oppose privatization of water supplies and services. Rather, bringing a human rights perspective to the problem of providing water to the world's population both clarifies the minimum …
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
Michigan Journal of International Law
This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.
Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner
Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner
Michigan Journal of International Law
The system of international law has become increasingly fragmented, particularly since the end of the Cold War. This paper intends to present the main features of this development and its implications.
Extraditing Israeli Citizens To The United States- Extradition And Citizenship Dilemmas, Yaffa Zilbershats
Extraditing Israeli Citizens To The United States- Extradition And Citizenship Dilemmas, Yaffa Zilbershats
Michigan Journal of International Law
This article will address the problems of extraditing Israeli citizens to the United States from both a normative and substantive perspective. The analysis will lead to a conclusion that the United States and Israel should adopt an amendment to the United States-Israel extradition treaty based on the new provision of the Israeli law regarding the extradition of its citizens. This analysis will also support general conclusions regarding the definitions of extradition and citizenship.
The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat
The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat
Michigan Journal of International Law
The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.
Racing The Rising Tide: Legal Options For The Marshall Islands, J. Chris Larson
Racing The Rising Tide: Legal Options For The Marshall Islands, J. Chris Larson
Michigan Journal of International Law
This Note first describes the threat posed by accelerated sea-level rise. A review of scientific data shows that global warming causes ocean levels to rise and that RMI may need to be evacuated. The current diplomatic efforts to decrease global warming offer few assurances to RMI. In fact, the countries that have obligated themselves to reduce global warming are actually increasing emissions of gases that cause global warming.
Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner
Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner
Michigan Journal of International Law
This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
Michigan Journal of International Law
This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.
Why Nations Behave, Jose E. Alvarez
Why Nations Behave, Jose E. Alvarez
Michigan Journal of International Law
The idea for this symposium on "implementation, compliance and effectiveness" grew out of the 1997 annual meeting of the American Society of International Law (ASIL), devoted to that theme. As one of the co-chairs of that meeting, I suggested to the student editors of this journal that they solicit articles on a topic that has seized the attention of researchers within international law as well as in seemingly unrelated fields. As Professor Thomas Franck has indicated in a recent well-received book, an ever increasing number of scholars are going beyond well-worn debates about whether international law is truly "law" to …
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Michigan Journal of International Law
This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
Michigan Journal of International Law
This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) …
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
Michigan Journal of International Law
A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.
Attributing Acts Of Omission To The State, Gordon A. Christenson
Attributing Acts Of Omission To The State, Gordon A. Christenson
Michigan Journal of International Law
Comprehensively expanded and revised from a paper presented before the American Society of International Law at its annual meeting in Washington, D. C., on March 29, 1990.
Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman
Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman
Michigan Journal of International Law
There is a rich body of law dealing with breach of treaty, its consequences and the procedural options it gives to the complying party. But violations of treaty obligations by a protecting state are procedurally different from violations between states in legal and political parity and negotiating at arm's length. The protected state or state under protectorate has, by definition, a restricted if not completely suspended competence to operate at the international level and hence is unable to protect its interests against violations by the erstwhile protector. Thus, it should be no surprise that international decision has suspended the operation …