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International Humanitarian Law Commons™
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Articles 1 - 30 of 30
Full-Text Articles in International Humanitarian Law
The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook
Michigan Law Review
The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …
Un Forces And International Humanitarian Law, Paul C. Szasz
Un Forces And International Humanitarian Law, Paul C. Szasz
International Law Studies
No abstract provided.
Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger
Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger
International Law Studies
No abstract provided.
The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt
The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt
International Law Studies
No abstract provided.
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
International Law Studies
No abstract provided.
The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald
The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald
International Law Studies
No abstract provided.
On Genocide, Anthony D'Amato
The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring
The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring
International Law Studies
No abstract provided.
Appendix: Principle Publications Of Professor L.C. Green (Volume 75)
Appendix: Principle Publications Of Professor L.C. Green (Volume 75)
International Law Studies
No abstract provided.
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.
Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda
Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda
International Law Studies
No abstract provided.
The History And Status Of The International Criminal Court, Howard Levie
The History And Status Of The International Criminal Court, Howard Levie
International Law Studies
No abstract provided.
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
International Law Studies
No abstract provided.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
International Humanitarian Law From Agincourt To Rome, Meron Theodor
International Humanitarian Law From Agincourt To Rome, Meron Theodor
International Law Studies
No abstract provided.
International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood
International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood
International Law Studies
No abstract provided.
Chapter Vi (The Tanker War And The Maritime Environment)
Chapter Vi (The Tanker War And The Maritime Environment)
International Law Studies
No abstract provided.
Full Volume 74: The Tanker War, 1980-88: Law And Policy
Full Volume 74: The Tanker War, 1980-88: Law And Policy
International Law Studies
No abstract provided.
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Georgetown Law Faculty Publications and Other Works
Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.
The workshop examined key issues …
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Faculty Publications
No abstract provided.
The European Human Rights System As A System Of Law, Richard Kay
The European Human Rights System As A System Of Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _
Richmond Public Interest Law Review
The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.
The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _
Richmond Journal of Law and the Public Interest
The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Articles
The 1999 U.S.-led, NATO-assisted air strike against Yugoslavia has been extolled by some as leading to the creation of a new rule of international law permitting nations to undertake forceful humanitarian intervention where the Security Council cannot act. This view posits the United States as a benevolent hegemon militarily intervening in certain circumstances in defense of such universal values as the protection of human rights. This article challenges that view. NATO's Kosovo intervention does not represent a benign hegemony introducing a new rule of international law. Rather, the United States, freed from Cold War competition with a rival superpower, is …
Globalization And The Design Of International Institutions, Cary Coglianese
Globalization And The Design Of International Institutions, Cary Coglianese
All Faculty Scholarship
In an increasingly globalized world, international rules and organizations have grown ever more crucial to the resolution of major economic and social concerns. How can leaders design international institutions that will effectively solve global regulatory problems? This paper confronts this question by presenting three major types of global problems, distinguishing six main categories of institutional forms that can be used to address these problems, and showing how the effectiveness of international institutions depends on achieving “form-problem” fit. Complicating that fit will be the tendency of nation states to prefer institutional forms that do little to constrain their sovereignty. Yet the …
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll
UIC Law Review
No abstract provided.