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2006

International Law

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Articles 1 - 30 of 877

Full-Text Articles in Law

Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane Dec 2006

Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane

Faculty Scholarship

Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part ...


Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen Dec 2006

Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen

Books

Contains papers submitted at a workshop sponsored by the William B. Ruger Chair of National Security Economics, Newport, Rhode Island 6-8 November, 2006.


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must ...


Study On Customary International Humanitarian Law: A Contribution To The Understanding And Respect For The Rule Of Law In Armed Conflict, Jean-Marie Henckaerts Dec 2006

Study On Customary International Humanitarian Law: A Contribution To The Understanding And Respect For The Rule Of Law In Armed Conflict, Jean-Marie Henckaerts

International Law Studies

No abstract provided.


An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack Dec 2006

An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack

International Law Studies

No abstract provided.


War, Technology, And The Law Of Armed Conflict, Michael N. Schmitt Dec 2006

War, Technology, And The Law Of Armed Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.


Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force Dec 2006

Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force

International Law Studies

No abstract provided.


Table Of Contents (Volume 82) Dec 2006

Table Of Contents (Volume 82)

International Law Studies

No abstract provided.


Introduction (Volume 82) Dec 2006

Introduction (Volume 82)

International Law Studies

No abstract provided.


The American Red Cross And International Humanitarian Law Dissemination, Lucy Brown Dec 2006

The American Red Cross And International Humanitarian Law Dissemination, Lucy Brown

International Law Studies

No abstract provided.


Modern Weaponary And Warfare: The Application Of Article 36 Of Additional Protocol I By Governments, Marie Jacobsson Dec 2006

Modern Weaponary And Warfare: The Application Of Article 36 Of Additional Protocol I By Governments, Marie Jacobsson

International Law Studies

No abstract provided.


Legal Issues In Coalition Warfare: A Us Perspective, Charles Dunlap Dec 2006

Legal Issues In Coalition Warfare: A Us Perspective, Charles Dunlap

International Law Studies

No abstract provided.


Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin Dec 2006

Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin

International Law Studies

No abstract provided.


Coaltion Warfare: Challenges And Opportunites, Dale G. Stephens Dec 2006

Coaltion Warfare: Challenges And Opportunites, Dale G. Stephens

International Law Studies

No abstract provided.


The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg Dec 2006

The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


"England Does Not Love Coalitions" Does Anything Change?, Charles Garraway Dec 2006

"England Does Not Love Coalitions" Does Anything Change?, Charles Garraway

International Law Studies

No abstract provided.


Toward 2015, Challenges For A Medium Navy: An Australian Perspective, Raydon Gates Dec 2006

Toward 2015, Challenges For A Medium Navy: An Australian Perspective, Raydon Gates

International Law Studies

No abstract provided.


Future Navies - Present Issues, Jane G. Dalton Dec 2006

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.


War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy Dec 2006

War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy

International Law Studies

No abstract provided.


The Icrc Customary International Humanitarian Law Study, Yoram Dinstein Dec 2006

The Icrc Customary International Humanitarian Law Study, Yoram Dinstein

International Law Studies

No abstract provided.


Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts Dec 2006

Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts

International Law Studies

No abstract provided.


Signed, Sealed, Delivered, And ?: The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States., Alexandra R. Harrington Dec 2006

Signed, Sealed, Delivered, And ?: The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States., Alexandra R. Harrington

ExpressO

Abstract: Signed, Sealed, Delivered, and ?: The Correlation Between Policy areas, Signing, and Legal Ratification of Organization of American States’ Treaties by Member States.

Like any organization, the Organization of American States’ ability to affect lasting policy changes through treaties is only as strong as the will of the federal legislative bodies of its member states. No matter how lofty or well-meaning the OAS’s goals in any area or matter addressed by a treaty, or the number of OAS member states which sign onto a treaty reflecting these goals, under the OAS Charter, and the federal constitutions of most member ...


The Un: A Situation Report, Benjamin Zawacki Dec 2006

The Un: A Situation Report, Benjamin Zawacki

ExpressO

The UN: A Situation Report is a review of two recent books on the past, present, and future of the UN; in short, of its relevance in a changing and uni-polar world at the end of Kofi Annan’s two terms as Secretary-General. The books’ focus is both on the organization’s successes and failures, and its efforts at self-reform in the face of near-constant criticism. They are reviewed as individually divergent in quality but as a formidable “situation report” when read in tandem. Paul Kennedy’s The Parliament of Man, save for its first of three parts, is generally ...


Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro Dec 2006

Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro

ExpressO

This paper is a multidisciplinary study of two competing theories of states’ motives and behavior in international relations, realism and transnationalism. The first theory, realism, suggests that states are constantly competing for security and power within an anarchical international system incapable of preventing aggression or conflict. A competing philosophy, transnationalism, (also known as liberalism) suggests that cooperation, not competition, is the defining characteristic of international relations and that democratization and global economic interdependence reduce the benefits of interstate conflict and encourage long-term cooperation.

This paper seeks to explain the apparent disparity of states competing for power in security matters while ...


Essay: Special Operations Forces And War Crimes By Guerillas, Gregory R. Bart Dec 2006

Essay: Special Operations Forces And War Crimes By Guerillas, Gregory R. Bart

ExpressO

No abstract provided.


The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek Dec 2006

The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek

Cornell Law School J.D. Student Research Papers

The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court that was held in Rome to establish the International Criminal Court in 1998 finally adopted the Rome Statute with the participation of 160 countries. The Rome Statute of the ICC entered into force on 1 July 2002 and has been ratified by 100 States. What was considered not so long ago merely a dream of a few people has become a reality after the strenuous efforts of the UN over 50 years. However, one central issue still remains unresolved in the Rome Status. It is ...


Patent Political Economy - Indian Lessons On Pharmaceutical Patent, Julien L. Chaisse, Samira Guennif Dec 2006

Patent Political Economy - Indian Lessons On Pharmaceutical Patent, Julien L. Chaisse, Samira Guennif

ExpressO

The Intellectual Property Rights (IPR) regime adopted by any country is essentially a tool that strives to ensure both the growth of the domestic pharmaceutical industry and people’s access to medicines. But, contrary to the very easily advanced theory, there is no paradox between the two. From this perspective, the Indian experience has shown that it is precisely the relaxation of its national IPR regime that promoted the growth of its domestic industry, thereby ensuring a better patient access to medicines. However, the globalisation process does not overlook any sector, which means that medicines too are submitted to the ...


Making Law, Making War, Making America (Revised 12/6/06), Mary Dudziak Dec 2006

Making Law, Making War, Making America (Revised 12/6/06), Mary Dudziak

University of Southern California Legal Studies Working Paper Series

It is often said that “in times of war, law is silent,” but this essay argues that the experience of the twentieth century provides a sharp contrast to this old saying. It is not just that law was not silent during warfare, but that law provided a language within which war could be seen. War is not a natural category outside the law, but is in part produced by it. Across decades of conflict, law was a marker that defined for the nation some of those times when conflict would be contemplated as a “war,” and helped cabin other uses ...


Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah Dec 2006

Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah

ExpressO

This paper seeks to elucidate the fundamental sources of ATCA jurisprudence that have modernized the act into the weapon it has become for foreign human rights plaintiffs. It also attempts to describe some of the forms of liability asserted against MNCs, paying special attention to the competing forms of aiding & abetting liability as conceptualized in the Unocal case. Part II of this paper will provide a brief and concise review of the three cases every ATCA corporate defendant should know: Filartiga, Kadic and Sosa. These cases lay the groundwork for human rights litigation against MNCs under the ATCA’s modern ...


Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya Dec 2006

Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya

ExpressO

On June 16, 2006, the Appeals Chamber of the International Criminal Tribunal for Rwanda issued a decision in Prosecutor v. Karemera taking judicial notice of the fact that genocide occurred in Rwanda in 1994. This decision startled many court observers. While no internationally respected commentator would today question whether the Rwanda genocide took place, should such an event be judicially noticed without evidence? This paper examines that question, arguing that the ICTR Appeals Chamber’s expansive use of judicial notice in Karemera was both illogical and unwise. Genocide, whether as an historical fact or legal charge, fails to meet the ...