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Articles 1 - 9 of 9

Full-Text Articles in Law

More Process Than Peace: Legitimacy, Compliance, And The Oslo Accords, Orde F. Kittrie May 2003

More Process Than Peace: Legitimacy, Compliance, And The Oslo Accords, Orde F. Kittrie

Michigan Law Review

The 21st century has inherited a number of bloody and long-unresolved intranational conflicts, including those in Kashmir, Northern Ireland, Burundi, Cyprus, Colombia, the Congo, the Philippines, and the Holy Land. Negotiated efforts to resolve these conflicts through legally binding peace settlements have been attempted from time to time, but without lasting success. Numerous negotiators' memoirs, political science books, and historians' tomes have been devoted to the subject of peace negotiations. But relatively little has been written about peace negotiations from a legal perspective. In particular, the legal literature contains virtually no discussion of what in the contents of a bilateral …


The New Leviathan, Dennis Patterson May 2003

The New Leviathan, Dennis Patterson

Michigan Law Review

Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …


The Responsibility To Protect: A Beaver Without A Dam?, Jeremy I. Levitt Jan 2003

The Responsibility To Protect: A Beaver Without A Dam?, Jeremy I. Levitt

Michigan Journal of International Law

Review of International Commission on Intervention and State Sovereignty, The Responsibility to Protect and The Responsibility to Protect: Research, Bibliography, Background (Supp. Vol. to the Responsibility to Portect by Thomas G. Weiss & Don Hubert


When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku Jan 2003

When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku

Michigan Journal of International Law

In an appreciation of Harold Jacobson written for the American Journal of International Law, the author concluded that following the events of September 11, 2001, we would need the kind of gentle wisdom Harold Jacobson brought to his tasks more than ever. The author also recalled Harold Jacobson's own observation in Networks of Interdependence that his assessment of the global political system was an optimistic, but not a naive one. These qualities of quiet determination to get to the bottom of an issue and of optimism stemmed from a fundamental belief that individuals, armed with information and the opportunity …


Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?


The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane Jan 2003

The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane

Michigan Journal of International Law

This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …


Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short Jan 2003

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …


Gender, Human Rights, And Peace Agreements, Christine M. Chinkin Jan 2003

Gender, Human Rights, And Peace Agreements, Christine M. Chinkin

Articles

I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …


Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue Jan 2003

Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue

Articles

The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private-insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered during and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, as well as the interaction between relief and the incentives for taking precautions against similar losses in the future. …