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Journal

2013

United Nations

Discipline
Institution
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Articles 1 - 15 of 15

Full-Text Articles in Law

International Law And Cyber Threats From Non-State Actors, Laurie R. Blank Dec 2013

International Law And Cyber Threats From Non-State Actors, Laurie R. Blank

International Law Studies

No abstract provided.


Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss Dec 2013

Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss

International Law Studies

No abstract provided.


The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon Dec 2013

The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon

International Law Studies

No abstract provided.


Leaving A Legacy, Walter Lotze Nov 2013

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …


Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart Oct 2013

Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart

University of Miami International and Comparative Law Review

No abstract provided.


Humanity And National Security: The Law Of Mass Atrocity Response Operations, Keith A. Petty Jun 2013

Humanity And National Security: The Law Of Mass Atrocity Response Operations, Keith A. Petty

Michigan Journal of International Law

Among the greatest threats to global security is the slaughter of civilians. This is due to the inconsistent reaction of the international community to genocide and other atrocity crimes. Whether it was the slaughter of hundreds of thousands of Armenians in Turkey in 1915 or Rwandan Tutsis in 1994, mass murderers act with impunity when there is not a forceful response. Contrast these situations to Vietnam’s intervention in Cambodia in 1978 that put an end to the Khmer Rouge’s nightmarish killing fields, or the North Atlantic Treaty Organization’s (NATO) intervention in Kosovo in 1999 that protected ethnic Albanians from Serb …


In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis Apr 2013

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Touro Law Review

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …


The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison Apr 2013

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …


The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study, Jennifer Nimry Eseed Apr 2013

The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study, Jennifer Nimry Eseed

Chicago-Kent Law Review

The International Criminal Court (ICC) is a treaty-based court that functions to end impunity for perpetrators of the gravest crimes that concern the international community. As of July 1, 2012, 121 have countries ratified the Rome Statute, the treaty governing the ICC, expressing their acceptance of the Court’s jurisdiction. The ICC is fully independent from the United Nations, yet the Rome Statute problematically allows for the United Nation’s Security Council to refer an issue to the ICC, whether or not the issue relates to a country that has ratified the treaty. This Note uses the 2011 conflict in Libya to …


Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe Jan 2013

Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe

Human Rights & Human Welfare

With the UN High Commissioner for Refugees announcing early this year that the war in Syria may have claimed as many as 60,000 lives, two op-eds published late in 2012 usefully exemplify two contrasting frames that have thus far dominated international responses to the conflict—namely, the humanitarian frame and the geopolitical frame. Yet despite the apparent contrasts between these two frameworks, both reflect a similar contempt for the Syrian people and their right to self-determination. The humanitarian framing of the conflict emphasizes the scale of human suffering and the need to alleviate it, while the geopolitical frame accentuates political interests …


Linking Disability Rights And Democracy: Insights From Brazil, Lyusyena Kirakosyan Jan 2013

Linking Disability Rights And Democracy: Insights From Brazil, Lyusyena Kirakosyan

Societies Without Borders

This article explores the purport and portent of the 2006 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) for disabled Brazilians. The analysis proceeds in three stages. First, it traces the evolution of the Convention as the culmination of a 30-year dialogue between the UN, governments and civil society organizations worldwide. As a legally binding instrument, the UNCRPD enables disabled citizens and interested civil society organizations to hold signatory states accountable for the protection and furtherance of disability rights. Second, the article examines how the Brazilian government came to adopt the Convention and how it has implemented …


Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga Jan 2013

Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga

ILSA Journal of International & Comparative Law

Maritime piracy is a very unique offence planned on dry land and executed on the high seas, a place falling under the jurisdiction of no state, by men and boys recruited and facilitated by pirate kingpins and financiers.


Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira Jan 2013

Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira

Richmond Journal of Global Law & Business

Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the signature of Legal Stability Contracts (LSCs) between the State and investors for the purpose of stabilizing the rules guiding investment decisions, for up to 20 years. Legal stabilization has successfully proven to increase FDI inflows. Nevertheless, incentives for FDI have been subject to several critiques that stress the excess …


Syria: Not Libya, But Let’S Treat It Like It Is Anyway, Eric A. Heinze Jan 2013

Syria: Not Libya, But Let’S Treat It Like It Is Anyway, Eric A. Heinze

Human Rights & Human Welfare

The articles by Condoleezza Rice and Simon Adams advance a series of disquieting possibilities for the future of Syria if the US and other states fail to act. While I am sympathetic to the urgency with which both writers advance their claims, there is much strained and stretched logic—as well as outright naiveté—in both authors' arguments, especially Rice's.


Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework, Laura Pedraza-Farina Jan 2013

Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework, Laura Pedraza-Farina

Michigan Journal of International Law

The last two decades have seen an unprecedented explosion in the number of civil society organizations seeking to influence national and international policy making and implementation. Global leaders, activists, scholars, and policy experts have increasingly called for the inclusion of civil society in international governance and in the national implementation of international commitments. Most recently, the wave of civil uprisings that swept the Middle East and North Africa has put fostering civil society participation high on the agenda of national governments and international organizations. Indeed, most international organizations have devised mechanisms to engage with civil society and regard civil society …