Law Commons^™

Probing The Scope Of Self Defense In International Law, Eustace Chikere Azubuike

Annual Survey of International & Comparative Law

The concept of self defense is one field of international law that has generated, and continues to generate, much controversy. The controversy is not as to the legality of self defense, but rather springs from a proper identification of the circumstances under which it applies. Thus, the International Court of Justice and other tribunals have received criticisms from states and academics for a perceived misapplication of the principle of self defense. The interpretation of the concept, like other important concepts in international law, has not been free from political considerations. Does this situation imply that the boundaries of self defense …

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …

Keynote Address To The 20th Annual Fulbright Symposium – International Law In A Time Of Change, Michael Alsuel Ntumy

Annual Survey of International & Comparative Law

The theme of this symposium is International Law in a Time of Change. Considering the events that have engulfed international law in recent times, it is hard to imagine a more important or timely topic than this one. Whether one focuses on the rules, principles and concepts, or the institutions of international law, there is no escape from the fact that these things all bear the indelible imprint of change. This fitting theme has undoubtedly been influenced, I believe, by the "Change" campaign of President Barrack Obama, the “new Prince of Change.” For this reason, I am inclined to …

Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander

Golden Gate University Law Review

Section I of this Comment provides a history of the Rwandan armed conflict and a description of the laws of armed conflict. It focuses on the basic laws of armed conflict, the Geneva Conventions and Additional Protocols, and describes how these laws have been interpreted by the ICTY and ICTR. Section II addresses the classification of the Rwandan armed conflict as a non-international conflict. This section discusses Ugandan support for the invading Rwandan Patriotic Front ("hereinafter RPF") and the murder of ten Belgian U.N. peacekeepers by Rwandan troops. The Section proposes changing the definition of an international conflict, thereby strengthening …

Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez

Golden Gate University Law Review

This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised.

Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul

Golden Gate University Law Review

In October 2001, approximately one month after the September 11 terrorist attacks in the United States, Golden Gate University Law Professor Sompong Sucharitkul spoke to the students of Golden Gate University and others on the topic of jurisdiction, terrorism and the rule of international law. The following is an excerpt from the speech given by Golden Gate University Law Professor Sompong Sucharitkul.

The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble

Annual Survey of International & Comparative Law

In order to fully develop the argument that the DHS’s confiscation and impoundment of passports is a violation of customary international law, we begin by examining the history of a passport and its treatment in the international community. Next, we survey general principles of customary international law and analyze German case law holding that one State’s confiscation or impounding of a valid foreign passport constitutes an encroachment upon the passport jurisdiction of the foreign State issuing the documents which is impermissible under customary international law. Thereafter, we discuss case law where courts avoided addressing the international implications of passport seizures. …

Lnternational Law As Law, Sompong Sucharitkul

Annual Survey of International & Comparative Law

No abstract provided.

The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom

Annual Survey of International & Comparative Law

The 2006 conflict between Hezbollah and Israel questions an important, yet unclear part of international humanitarian law. Specifically, what would Hezbollah' s legal classification be if another armed conflict were to arise between Israel and Lebanon? Would Hezbollah be considered a State or non-State actor? If Hezbollah is a non-State actor, would the group be considered "guerrillas"? Would the term "mercenary" be a better fit? In attempting to answer some of these questions, we must first look at what exactly occurred between Israel and Lebanon in the summer of 2006. Second, we must understand who Hezbollah is and how the …

The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze

Annual Survey of International & Comparative Law

This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …

Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi

Annual Survey of International & Comparative Law

The thesis of this article argues that while the use of preemptive military strikes, now adopted by the United States against non-state actors and rogue states, appears to be justified under international law, such a military exercise must be subject to well defined and clearly stated international legal rules.

A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej

Annual Survey of International & Comparative Law

This paper will first look at the traditional concept of sovereignty and the undemocratic features of traditional international law. It will then discuss the development of democratic governance in the United Nations and regional international organisations, as well as the pro-democratic interventions in international law. Moreover, the paper will critically analyse the recent claims by prominent international legal scholars that a "right to democracy" is now emerging in international law and that all communities are entitled to democratic rules of governance. It will then consider whether, and to what extent, the notion of democratic entitlement has crystallised into a customary …

Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul

Annual Survey of International & Comparative Law

The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …

Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang

Annual Survey of International & Comparative Law

This paper starts with an overview of basic conceptual issues about the UN and its modem function. The focus on this part will be the concepts of representation and universality membership. Once we have properly identified and understood these concepts, some discussion will follow, deal mainly with such issues as; the ROC's exclusion from the UN as inconsistent with the universal principle of representation, Taiwan's efforts to join the UN, the increasing importance to improve Taiwan's status in the UN, and, the UN's considerable benefits to access Taiwan's UN entry bid. In addition to the issue of reexamining the significant …

Kosovo: To Bomb Or Not To Bomb? The Legality Is The Question, Leslie A. Burton

Annual Survey of International & Comparative Law

In 1998 and 1999, Yugoslavia was engaged in an "ethnic cleansing," involving the systematic murder of its ethnic minorities, especially within its state of Kosovo. Although the United Nations issued Resolutions condemning Yugoslavia's actions, the U.N. stopped short of ordering any enforcement action. The North Atlantic Treaty Organization ("NATO") members agreed that action must be taken to stop the slaughter. After attempts to negotiate peace in the region proved unsuccessful, NATO determined that an aggressive response was the only altemative. On March 24, 1999, NATO-sponsored forces commenced bombing Kosovo. The bombing ended on June 10, 1999, having achieved its aim. …

International Law At The Crossroads, Sompong Sucharitkul

Publications

Appropriately enough, the current session is entitled "International Law at the Crossroads". As States are governed by international law, without exception, every precaution should be taken before the next move is to be made for the law to go ahead or forward at this juncture after having carefully looked to the left and to the right. The law could indeed be moving straight forward, continuing on the same path at the same pace it has been taking. Alternatively, it could take a tum, and there are more than one turning, to the left or to the right. Finally, international law …

Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

Last year, Golden Gate presented "A Survey of Progressive Developments of International Law and Order since the events of 11 September 2001 ". This year, a further succession of events have taken place that warrant a fresh examination of "Recent Developments in International and Comparative Law on the Urgent Necessity for Feasible Alternatives to the Use of Force in Contemporary International Law." An imminent and impending threat of the preemptive use of force to prevent war and continuing deployment of forces poised to strike as if to demonstrate that the only plausible means to achieve the ultimate peace is to …

Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

The events of 11 September 2001, which sent shock waves to the conscience of mankind the world over, have entailed other consequences unattended by perpetrators of the terrorist acts against the United States and little suspected by the international community at the time. To every action, there is a reaction. The wheel of international justice moves slowly but surely as it requires necessary accompaniments, especially the overwhelming support of the global community and the underlying rule of international law on the subject.

The terrorist attacks of 11 September 2001 set the stage for an accelerated pace in the progressive concretization …

International Law In The Nigerian Legal System, Christian N. Okeke

Publications

The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …

International Dimensions, International Law Society, Ggu

Miscellaneous Publications

International Dimensions: a journal of personal impression, experience and commentary on the subject of international law, published by members of the International Law Society, Golden Gate University School of Law. Inaugural Issue.