Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Sovereignty

2006

Articles 1 - 9 of 9

Full-Text Articles in International Law

Thinking Outside The Border: Homeland Security And The Forward Deployment Of The U.S. Border, Gregory W. Bowman Aug 2006

Thinking Outside The Border: Homeland Security And The Forward Deployment Of The U.S. Border, Gregory W. Bowman

ExpressO

Following the September 11, 2001, terrorist attacks, the U.S. government implemented a number of inbound cargo security programs it described as “pushing the border outward” or “expanding [the U.S.] perimeter of security.” Are these statements rhetorical flourish, or do these programs materially affect international cargo trade? This article argues that far from being mundane or rhetorical, these cargo security programs are transforming how U.S. borders operate from both a conceptual and practical perspective. Specifically, by moving certain aspects of border functionality to locations well-removed from the physical U.S. border, these programs make U.S. regulation of inbound trade significantly more extraterritorial. …

Go to article

The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens May 2006

The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens

International Law Studies

No abstract provided.

Go to article

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah Jan 2006

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah

Faculty Publications

Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).

Go to article

Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto Jan 2006

Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article has as its central theme the decentralization of the state’s control over legitimate military force with the consequential diffusion of governmental control that stands to fragment state sovereignty. It argues that the increasing centrality of PMFs to the prosecution of war is creating a changed national security landscape with PMFs increasingly influencing governmental policy both overtly and covertly. PMF heads many of whom are former high ranking military and civilian personnel now advise governments and in some cases sit on government advisory boards. Additionally they also offer governments a conduit for pursuing covert foreign policy aims and circumvention …

Go to article

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson Jan 2006

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

Go to article

Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis Jan 2006

Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis

Michigan Journal of International Law

This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …

Go to article

Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss Jan 2006

Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss

NYLS Law Review

No abstract provided.

Go to article

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy Dec 2005

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …

Go to article

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan Dec 2005

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

Go to article