Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
Annual Survey of International & Comparative Law
In order to fully develop the argument that the DHS’s confiscation and impoundment of passports is a violation of customary international law, we begin by examining the history of a passport and its treatment in the international community. Next, we survey general principles of customary international law and analyze German case law holding that one State’s confiscation or impounding of a valid foreign passport constitutes an encroachment upon the passport jurisdiction of the foreign State issuing the documents which is impermissible under customary international law. Thereafter, we discuss case law where courts avoided addressing the international implications of passport seizures. …
Lnternational Law As Law, Sompong Sucharitkul
Lnternational Law As Law, Sompong Sucharitkul
Annual Survey of International & Comparative Law
No abstract provided.
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
Annual Survey of International & Comparative Law
The 2006 conflict between Hezbollah and Israel questions an important, yet unclear part of international humanitarian law. Specifically, what would Hezbollah' s legal classification be if another armed conflict were to arise between Israel and Lebanon? Would Hezbollah be considered a State or non-State actor? If Hezbollah is a non-State actor, would the group be considered "guerrillas"? Would the term "mercenary" be a better fit? In attempting to answer some of these questions, we must first look at what exactly occurred between Israel and Lebanon in the summer of 2006. Second, we must understand who Hezbollah is and how the …
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
Annual Survey of International & Comparative Law
This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …
Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi
Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi
Annual Survey of International & Comparative Law
The thesis of this article argues that while the use of preemptive military strikes, now adopted by the United States against non-state actors and rogue states, appears to be justified under international law, such a military exercise must be subject to well defined and clearly stated international legal rules.
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
Annual Survey of International & Comparative Law
This paper will first look at the traditional concept of sovereignty and the undemocratic features of traditional international law. It will then discuss the development of democratic governance in the United Nations and regional international organisations, as well as the pro-democratic interventions in international law. Moreover, the paper will critically analyse the recent claims by prominent international legal scholars that a "right to democracy" is now emerging in international law and that all communities are entitled to democratic rules of governance. It will then consider whether, and to what extent, the notion of democratic entitlement has crystallised into a customary …
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Annual Survey of International & Comparative Law
The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …
Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang
Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang
Annual Survey of International & Comparative Law
This paper starts with an overview of basic conceptual issues about the UN and its modem function. The focus on this part will be the concepts of representation and universality membership. Once we have properly identified and understood these concepts, some discussion will follow, deal mainly with such issues as; the ROC's exclusion from the UN as inconsistent with the universal principle of representation, Taiwan's efforts to join the UN, the increasing importance to improve Taiwan's status in the UN, and, the UN's considerable benefits to access Taiwan's UN entry bid. In addition to the issue of reexamining the significant …
Kosovo: To Bomb Or Not To Bomb? The Legality Is The Question, Leslie A. Burton
Kosovo: To Bomb Or Not To Bomb? The Legality Is The Question, Leslie A. Burton
Annual Survey of International & Comparative Law
In 1998 and 1999, Yugoslavia was engaged in an "ethnic cleansing," involving the systematic murder of its ethnic minorities, especially within its state of Kosovo. Although the United Nations issued Resolutions condemning Yugoslavia's actions, the U.N. stopped short of ordering any enforcement action. The North Atlantic Treaty Organization ("NATO") members agreed that action must be taken to stop the slaughter. After attempts to negotiate peace in the region proved unsuccessful, NATO determined that an aggressive response was the only altemative. On March 24, 1999, NATO-sponsored forces commenced bombing Kosovo. The bombing ended on June 10, 1999, having achieved its aim. …