Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (104)
- BLR (98)
- American University Washington College of Law (70)
- Selected Works (70)
- U.S. Naval War College (60)
-
- Cornell University Law School (8)
- Chicago-Kent College of Law (7)
- Georgetown University Law Center (6)
- University of Pennsylvania Carey Law School (4)
- Villanova University Charles Widger School of Law (4)
- Pace University (3)
- Barry University School of Law (2)
- Seattle University School of Law (2)
- Brooklyn Law School (1)
- Clark University (1)
- Florida A&M University College of Law (1)
- Golden Gate University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- St. Thomas University College of Law (1)
- University at Buffalo School of Law (1)
- University of Dayton (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pittsburgh School of Law (1)
- University of South Carolina (1)
- Valparaiso University (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- ExpressO (96)
- Articles in Law Reviews & Other Academic Journals (68)
- International Law Studies (60)
- All Faculty Scholarship (11)
- Jonathan Todres (8)
-
- Bartram Brown (7)
- Daniel Kanstroom (7)
- Molly K. Land (6)
- O'Neill Institute Papers (6)
- Ligia M. De Jesus (5)
- Peter G. Danchin (5)
- Buhm Suk Baek (4)
- Cornell Law School Inter-University Graduate Student Conference Papers (4)
- Working Paper Series (4)
- Ana Filipa Vrdoljak (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Faculty Scholarship (3)
- Gregory S. Gordon (3)
- Peter J Honigsberg (3)
- Winston P Nagan (3)
- Allen E Shoenberger (2)
- C. Peter Erlinder (2)
- Chidi Oguamanam (2)
- David Satnarine (2)
- Frank J. Garcia (2)
- Giovanna E. Gismondi (2)
- Isaac Kfir (2)
- James C Brady (2)
- Laura A Gavilan (2)
- Mark A. Drumbl (2)
- Publication Type
- File Type
Articles 1 - 30 of 453
Full-Text Articles in Human Rights Law
Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy
Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy
American University Law Review
When “diving” into consideration of sea-level rise issues, one finds various “pools” of international law that are perfectly suited for answering some of the issues we are addressing. For example, Professor Galvão Teles spoke about the protection of persons in the event of sea-level rise. There are, of course, various aspects of human rights law and international law relating to disasters that can be employed to resolve some of the concerns in that regard. It is just a question of applying that law to a new, factual phenomenon.
Having said that, there are some areas where existing international law is …
Promoting Diversity As Professionalism, Davis G. Yee
Promoting Diversity As Professionalism, Davis G. Yee
South Carolina Law Review
No abstract provided.
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Seattle University Law Review
Through an in-depth examination of Hernández, the Inter-American Human Rights System, and the success of Mexico’s partnership with said system, this Note will make a case for embracing human rights bodies— specifically, the Inter-American System on Human Rights—as an appropriate and necessary check on the structures that form the United States government. Part I will look closely at the reasoning and judicially created doctrine that guided the decision in Hernández, with the goal of providing a better understanding of the complicated path through the courts that led to a seemingly straightforward yet unsatisfying result. Part II will illustrate the scope …
Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe
Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe
Theses and Dissertations
The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …
Foreign Cyber Interference In Elections, Michael N. Schmitt
Foreign Cyber Interference In Elections, Michael N. Schmitt
International Law Studies
In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria, Estonia, France, Germany, Hungary, …
The Human Dimension Of Peace And Aggression, Chiara Redaelli
The Human Dimension Of Peace And Aggression, Chiara Redaelli
International Law Studies
Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …
Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic
Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic
International Law Studies
Are there are any special rules of attribution in international law? Are there, in other words, imputational rules that are not recognized as such in general international law, but are specific to particular branches of international law? This is the first article to systematically analyze the notion of special rules of attribution in international law. In particular, it searches for such rules in international humanitarian law, the law on the use of force, and European human rights law.
The article argues that, to the extent special rules of attribution exist, they are rare and never uncontroversial. In most situations, putative …
Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio
Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo
International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo
Biennial Conference: The Social Practice of Human Rights
The scientific development in Artificial Reproductive Technology (ART), especially IFV solutions, are promoting the development of our reproductive options. Surrogacy is now one of these solutions and new ethical and legal problems arise.
Domestic Laws have the most different positions. If there are countries that admit surrogacy arrangements, even commercial ones like the Florida State in the USA (and the particular case of India); others criminalize these procedures and others, like the UK (and Portugal), have a middle term position.
Considering the frontier zone in which surrogacy takes its place, the debate is more exuberant since the concrete legal solution …
Medical Care In Urban Conflict, Kenneth Watkin
Medical Care In Urban Conflict, Kenneth Watkin
International Law Studies
The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care …
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
Faculty Books and Book Contributions
We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by …
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Articles in Law Reviews & Other Academic Journals
The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster
Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
Law Faculty Research Publications
No abstract provided.
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Articles in Law Reviews & Other Academic Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford
International Law Studies
This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human …
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century
International Law Studies
The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics …
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
International Law Studies
Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …
The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner
The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner
International Law Studies
Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank
The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank
International Law Studies
This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify …
Detention By Armed Groups Under International Law, Andrew Clapham
Detention By Armed Groups Under International Law, Andrew Clapham
International Law Studies
Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.
Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon
Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo
Dr. Kwanghyuk David Yoo
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …
Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard
Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard
International Law Studies
This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.