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Articles 1 - 6 of 6
Full-Text Articles in Law
The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine
Congressional Testimony
The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …
Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer
Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer
Faculty Scholarship
Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals around …
Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin
Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin
Faculty Scholarship
This chapter provides an introduction to the analytical and historical aspects of the concept of collective security in international law. Taking the examples of Italy’s invasion of Ethiopia in 1935 during the League of Nations and the complaint brought by Hyderabad against India at the very inception of the United Nations in 1948, the chapter traces the complex dialectics of normativity and concreteness in debates concerning collective security. Mirroring the normative and institutional dilemmas underlying the two cases of Ethiopia and Hyderabad, it is observed that the questions of “external threats” (the threat or use of force between States) and …
A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray
A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray
Faculty Scholarship
It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed—such as those made by Americans of Japanese decent interned during World War II and those made by European Jews against Germany after World War II—most do not. The principal culprits in these …
Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu
Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu
Faculty Scholarship
No abstract provided.
Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu
Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu
Faculty Scholarship
This is a contribution to a volume of essays anchored in the evaluations of proposed reforms of the United Nations system extant in the middle half of the last decade. The essay’s focus is primarily on the role of the Security Council as the provider of collective security within the system. It contends that the term “collective security” has become far too amorphous and too all-embracing to be useful, and that it runs the risk of distorting the proper allocation of power within the international system. It argues for a more circumscribed view of collective security, and for a less …