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Full-Text Articles in Law
Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis
Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis
Scholarly Articles
None available.
Should Taiwan Be Admitted To The United Nations?, Hungdah Chiu
Should Taiwan Be Admitted To The United Nations?, Hungdah Chiu
Congressional Testimony
No abstract provided.
Peace Vs. Accountability In Bosnia, Anthony D'Amato
Peace Vs. Accountability In Bosnia, Anthony D'Amato
Faculty Working Papers
Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
Scholarly Publications
What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …
The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen
The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen
Faculty Publications
The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.
In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Scholarly Works
Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.
Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …
Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury
Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury
Faculty Scholarship
This is the first of three keynote panels at this 88th Annual Meeting, under the overarching theme of "The Transformation of Sovereignty."
The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts
The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts
Faculty Publications
A recent University of Toledo Law Review article concerning the legal issues
dealt with in the television series Star Trek: The Next Generation (STNG)
became an overnight national sensation. Given that, during its seven seasons of
first-run episodes; STNG had been the most popular syndicated series on
American television, it is perhaps not surprising that the article should engender
so much public attention. The article, written by law professors Paul Joseph and Sharon Carton of Nova Southeastern University Law School, was not intended as however. Rather, it was a serious examination of the way STNG United Federation of Planets dealt …
On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras
On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras
Articles
No abstract provided.
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.