Law Commons^™

Ukraine V. Russia: A Case For Change In International Enforcement, Katy Malloy

William & Mary Law Review

A scant few territorial violations have occurred in the twentieth and twenty-first centuries, and those that have occurred generally prompted quick and unequivocal condemnation, as well as efforts to return to the status quo. Notable violations—the Six-Days War, the Turkish invasion of Cyprus, the Falklands War, Iraq’s invasion of Kuwait, and Russia’s annexation of Crimea—have prompted a short menu of international responses. The Six-Days War and the invasion of Crimea both prompted years’ worth of political criticism for Israel and Russia, respectively, as both nations have held onto at least parts of the lands seized. The Falklands War prompted almost …

Book Review, Anna Spain Bradley

Publications

No abstract provided.

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Faculty Scholarship

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for “finding” CIL – that is, for determining that particular norms qualify as CIL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to …

The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty

Scholarly Articles

The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …

Law And Legal Process In The Resolution Of International Conflicts, Michelle Gallant

Michelle Gallant

Law casts its shadow on virtually all areas of human conflict. The dissolution of marriage and the resolution of familial obligations and property rights upon the breakdown of personal relationships occur against the backdrop of a legal framework. Conflicts with a state over access to public resources or the rights of defendants in a criminal trial are regulated and resolved within the context of constitutionally-binding legal norms and domestic human rights instruments. Tensions between competing corporate enterprises over injury to financial interests or access to markets are determined in accordance with the legal principles that govern contracts and commercial affairs. …

Hamdan Confronts The Military Commissions Act Of 2006, George P. Fletcher

Faculty Scholarship

In 2006 the law of war experienced two major shock waves. The first was the decision of the Supreme Court in Hamdan, which represented the first major defeat of the President's plan, based on an executive order of November 2001, to use military tribunals against suspected international terrorists. The majority of the Court held the procedures used in the military tribunal against Hamdan violated common article three of the Geneva Conventions. A plurality offour, with the opinion written by Justice Stevens, based their decision as well on afar-reaching interpretation of the substantive law of war. They held that conspiracy …

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.

The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us to take …

Slides: Flowing Down The Basin: Federal Litigation On The Colorado River, Michael Gheleta

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Gheleta, US Department of Justice.

53 slides.

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Kenneth Anderson

Book Review. The Outlawry Of War By C. C. Morrison, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Outlawry Of War, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

International Arbitration, Joseph B. Moore

Michigan Law Review

The history of the race whether considered as one of individuals or as nations has been one of struggle. Did one individual fancy another had done him a wrong, he proceeded to right that wrong himself by the exercise of force. From the day when Cain killed his brother Abel, for many centuries contests between individuals were settled, not as justice dictated, but by brute force. The result was a disorderly condition of society unfavorable to peaceful conditions. In the evolution of the race, when men differed, instead of attempting to settle their differences by force, tribunals were brought into …

The Calvo And Drago Doctrines, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Ii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Viii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Vii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Iii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Iv, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. I, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. V, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Vi, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

The Venezuelan Affair In The Light Of International Law, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.