Law | Open Access Articles | Digital Commons Network™

Imposing Inequality On Law Schools, Kent Greenfield

Kent Greenfield

No abstract provided.

Regulation Of Preventive And Premptive Use Of Force In The United Nations Charter: A Search For Original Intent, Timothy Kearley

Timothy G. Kearley

This article investigates whether the drafters of the United Nations Charter intended to permit a state to use force in self defense, either preventatively or preemptively, before that state has been the victim of an armed attack. It makes extensive use of a source not much used previously--the volume in the Foreign Relations of the United States series that includes the minutes of the U.S. delegation to the U.N. Conference on International Organization at which the Charter was drafted, and in which the U.S. delegation played a key role in drafting Article 51, the self defense provision.

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Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …