Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall
Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall
Notre Dame Journal of International & Comparative Law
This Article explicates the international legal framework governing State action against transnational crime; it also explores the disparity in what international law permits military actors to do in situations of armed conflict versus what actions civilians may undertake in the course of extraterritorial law enforcement operations. This Article argues that the trend of militarization in the U.S. approach to transnational crime law is, in part, a function of this legal disparity and that this trend could be reversed a degree if international law recognized a greater degree of flexibility for certain limited categories of extraterritorial law enforcement actions by civilian …
Historical Development And Legal Basis, Mary O'Connell
Historical Development And Legal Basis, Mary O'Connell
Book Chapters
Although the subject of this Handbook is the law applicable to the conduct of hostilities that applies once a party has entered into armed conflict (the jus in bello), that law cannot be properly understood without some examination of the separate body of rules which determines when resort to armed force is permissible (the jus ad bellum). The jus ad bellum has ancient origins but current law is founded on Article 2(4) and Chapter VII of the UN Charter.
The Prohibition Of The Use Of Force, Mary O'Connell
The Prohibition Of The Use Of Force, Mary O'Connell
Book Chapters
From the Publisher
Chapter 4
This chapter concerns the central international legal rule against violence: Article 2(4) of the United Nations Charter. Article 2(4) generally prohibits the use of force by states. It is a treaty rule that is also widely regarded as a rule of customary international law and, indeed, in certain respects, as a peremptory rule or rule of jus cogens. Article 2(4) was adopted along with the rest of the Charter in 1945 after the catastrophe of the Second World War in which an estimated 60 million people died. Despite its relatively recent adoption, Article 2(4) …