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Articles 1 - 24 of 24
Full-Text Articles in Law
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
An Introduction: The Legalization Of International Relations/The Internationalization Of Legal Reglations, Roger P. Alford, Mary Ellen O'Connell
An Introduction: The Legalization Of International Relations/The Internationalization Of Legal Reglations, Roger P. Alford, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
An Appropriate Focus On War, Mary Ellen O'Connell
An Appropriate Focus On War, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Responses To The Ten Questions, Mary Ellen O'Connell
Responses To The Ten Questions, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Mary Ellen O'Connell
Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enforcing The Prohibition On The Use Of Force: The U.N.'S Response To Iraq's Invasion Of Kuwait, Mary Ellen O'Connell
Enforcing The Prohibition On The Use Of Force: The U.N.'S Response To Iraq's Invasion Of Kuwait, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
What Is Agression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
What Is Agression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
Mary Ellen O'Connell
Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …
Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell
Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell
Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell
Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell
Mary Ellen O'Connell
Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …
The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell
The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell
Mary Ellen O'Connell
Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of collective self-defense with Iraq …
The End Of Legitimacy, Mary Ellen O'Connell
The End Of Legitimacy, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Mary Ellen O'Connell
The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Mary Ellen O'Connell
The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.The article also tells how in each case …
Iraq: One Year Later, Mary Ellen O'Connell
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Mary Ellen O'Connell
Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …