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Full-Text Articles in Law
The Use Of Force And (The State Of) Necessity, Andreas Laursen
The Use Of Force And (The State Of) Necessity, Andreas Laursen
Vanderbilt Journal of Transnational Law
At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Vanderbilt Journal of Transnational Law
Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …
Jonathan I. Charney: A Tribute, Richard B. Bilder
Jonathan I. Charney: A Tribute, Richard B. Bilder
Vanderbilt Journal of Transnational Law
I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …
Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff
Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff
Vanderbilt Journal of Transnational Law
The use of aircraft and large, seagoing vessels for smuggling marijuana and other illicit drugs has created a burgeoning problem for United States efforts to control its borders. The use of foreign flag ships as "mother ships" is particularly troublesome. This practice involves foreign flag vessels, often containing several tons of marijuana, that hover in international waters just outside the United States territorial sea. The marijuana is transferred from these mother ships to smaller vessels which then cross into United States waters and distribute the contraband at prearranged points along the coast. The immunities provided by international law for foreign …