International Law Commons^™

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly

Human Rights & Human Welfare

US policy toward failed states should focus on strengthening civil society and social movements so that people are better able to hold their leaders accountable.

The language of “failed states” disassociates foreign policy from international dialogue about human rights. Instead, “failed states” is a contemporary sound bite that connotes a lack of sovereignty, suggesting that intervention would not violate national sovereignty because in a failed state, there is none. Of course, we could have a similar cynicism about the use of human rights concerns to justify invasion. Certainly, states have tried to choose when to reference international human rights norms …

More Questions, Few Answers On State Failure And Human Rights, Edzia Carvalho

Human Rights & Human Welfare

The Foreign Policy article under review brings us back to the issues addressed in April's Roundtable, which looked at humanitarian intervention in light of widespread political violence in the Ivory Coast. Much of that discussion centered on the factors that lead states to adopt policies aimed at stopping egregious human rights abuses from being committed in other jurisdictions, either by state agents or non-state actors. This month's Roundtable discussion highlights the myths attached to the concept of “state failure,” which increases the likelihood of such violations occurring. The author of this month's centerpiece, James Traub, comments on a number of …

Immobilizing Conceptual Debates, Jonas Claes

Human Rights & Human Welfare

In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.

“Failed States Are Everyone’S Problem”, Devin Joshi

Human Rights & Human Welfare

This article raises interesting issues but cannot answer its own puzzles because it fails to define what constitutes a threat or danger to US national security. As an American citizen, the security of the Central African Republic is in my personal interest. The CAR is a country where it has been reported that one out of every sixteen mothers dies during childbirth. That is a serious problem! Who is to say it is not in Americans’ interest to prevent state failure there? If the US government is not interested in Central Africans' security, obviously, there is a disconnect between the …

Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes

Human Rights & Human Welfare

Conflict resolution scholars and policy-makers have traditionally prioritized research and policy measures dealing with political violence, treating criminal violence as a contextual factor in their analysis or as a subordinate policy concern. One may wonder why the value of a casualty differs depending on whether the fatal blow was caused by a tank, a gang knife, or even a typhoon. The prioritization of political violence over criminal violence seems morally unjustified considering that the killing rates in Guatemala and El Salvador are higher now than during the civil wars that ended in the 1990s. Despite similarities in the causes, manifestations, …

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.

American Muslim Minorities: The New Human Rights Struggle, Ashley Moore

Human Rights & Human Welfare

The ramifications of the attacks of September 11, 2001 are felt throughout the United States. However, no minority community is as deeply affected as the American-Muslim minority. Since the attacks on the World Trade Center, Muslims residing in the United States have experienced violations of economic and political liberties, as well as ongoing social discrimination. Media stereotypes and government legislation continually exacerbate these human rights abuses and entrench institutional, social, and economic discrimination deeper in American society. At the heart of this discrimination are clear misunderstandings about Islam and those who practice the faith. In an effort to combat these …

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

Risk Taking And Force Protection, David Luban

Georgetown Law Faculty Publications and Other Works

This paper addresses two questions about the morality of warfare: (1) how much risk must soldiers take to minimize unintended civilian casualties caused by their own actions (“collateral damage”), and (2) whether it is the same for the enemy's civilians as for one's own.

The questions take on special importance in warfare where one side is able to attack the other side from a safe distance, but at the cost of civilian lives, while safeguarding civilians may require soldiers to take precautions that expose them to greater risk. In a well-known article, Asa Kasher and Amos Yadlin argue that while …