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Articles 1 - 30 of 58
Full-Text Articles in Military, War, and Peace
Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert
Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert
Pace International Law Review Online Companion
The problem of child soldiers is not going to go away. While it may not be a popular solution, child soldiers need to be prosecuted for the actions they commit during conflicts in addition to the prosecution of child soldier recruiters. Without legal ramifications, there is no incentive for the child soldier recruiters to stop their actions. This article explores how both child soldiers and their recruiters can be prosecuted for actions committed during conflict.
Border Searches In The Age Of Terrorism, Robert M. Bloom
Border Searches In The Age Of Terrorism, Robert M. Bloom
Robert M. Bloom
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
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 …
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
University of Miami International and Comparative Law Review
The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …
Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos
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 …
Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus
Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus
All Faculty Scholarship
The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.
No More 'Sha Still', Kenneth Lasson
No More 'Sha Still', Kenneth Lasson
All Faculty Scholarship
This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.
Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg
Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg
Peter J Honigsberg
On April 20, 2010, British Petroleum’s Deepwater Horizon drilling rig in the Gulf of Mexico exploded, killing eleven people and spilling billions of gallons of oil into the gulf. In the days and weeks that followed, the media pointed to the Minerals Management Services (MMS), the regulatory agency responsible for managing offshore drilling, as being complicit with BP. The MMS issued permits for deepwater drilling in violation of its regulations; provided hundreds of exemptions to the regulations; maintained lax monitoring and enforcement procedures; allowed the companies to draft regulations that suited their interests and objectives; and engaged in inappropriate relationships …
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos
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 …
Let My People Go!, Kenneth Lasson
Let My People Go!, Kenneth Lasson
All Faculty Scholarship
This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.
A Rights-Based Approach To Global Injustice, Brooke Ackerly
A Rights-Based Approach To Global Injustice, Brooke Ackerly
Human Rights & Human Welfare
Is reflection on global injustice part of the everyday lives of those who live in global privilege? Or does privilege let us wait to raise concerns about justice only when the media bring the graphic images of genocide and tragedy to our family rooms?
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Human Rights & Human Welfare
“The Case for Intervention in the Ivory Coast” reminded me of the discussion that my undergraduate students had during the previous academic term on the conundrums surrounding humanitarian intervention. They innately responded to the intense suffering of individuals and groups facing gross human rights violations and initially argued that inaction in the face of suffering cannot be justified on any grounds. However, with their international relations hats on, many of them soon realized that putting an end to such a state of affairs is not as easy or straightforward as they had hoped.
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
Human Rights & Human Welfare
The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.
Double Standards Demystified, Jonas Claes
Double Standards Demystified, Jonas Claes
Human Rights & Human Welfare
At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.
The Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.
We Do Indeed Reap What We Sow, Walter Lotze
We Do Indeed Reap What We Sow, Walter Lotze
Human Rights & Human Welfare
When violence first broke out in Tunisia in January 2011, few observers would have predicted that waves of unrest would engulf North Africa and the Arab world. When demonstrations swiftly spread to Algeria, Sudan, Egypt, Yemen, Bahrain, and Jordan, observers hastened to place bets on which regime would be the next to fall. That Hosni Mubarak would be felled next came perhaps as no surprise; Egypt had for years been on a knife’s edge, liberalizing and modernizing society while closing all space for political and social participation. Most analysts then turned their attention to Sudan, Yemen, and Bahrain, predicting that …
March Roundtable: Libya And The Responsibility To Protect, Introduction, Claudia Fuentes
March Roundtable: Libya And The Responsibility To Protect, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
Article under review: “It’s Time to Intervene” by Shadi Hamid. Slate. February 23 2011.
Feminism And Democracy, Louis Edgar Esparza
Feminism And Democracy, Louis Edgar Esparza
Human Rights & Human Welfare
After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …
Is It Really Time To Intervene In Libya?, Christina Cerna
Is It Really Time To Intervene In Libya?, Christina Cerna
Human Rights & Human Welfare
Shadi Hamid, in “It’s Time to Intervene,” suggests that the international community—specifically, the United States, the United Nations, and NATO—must intervene in Libya because Muammar Gaddafi has declared that he is ready and willing to slaughter his own people if his survival depends on it. The author considered Gaddafi’s speech otherwise “bizarre” and “incoherent.”
I Will Survive, Robert Funk
I Will Survive, Robert Funk
Human Rights & Human Welfare
Academics do not often quote 70s disco tunes. At least not in print. But if there is one thing that has been striking about the events in Libya in recent weeks—and indeed looking back over decades—it is the sheer ability of Colonel Muammar Gaddafi to survive. He is, perhaps with Fidel Castro, the world’s greatest survivor. He has indeed learned how to carry on.
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Craig Martin
This article develops an argument for increased constitutional control over the decision to use armed force or engage in armed conflict, as a means of reducing the incidence of illegitimate armed conflict. In particular, the Model would involve three elements: a process-based constitutional incorporation of the principles of international law relating to the use of force (the jus ad bellum regime); a constitutional requirement that the legislature approve any use of force rising above a de minimus level; and an explicit provision for limited judicial review of the decision-making process. The Model is not designed with any one country in …
Can Congress Make A President Step Up A War?, Charles Tiefer
Can Congress Make A President Step Up A War?, Charles Tiefer
All Faculty Scholarship
May Congress use its appropriation power to direct the President to step up a war? When Congress uses its spending power for intensifying a war-stepping it up, pressing it more aggressively-against the resistance of a "less hawkish" Commander in Chief, who wins?
This Article posits differences of view in the 2010s toward the Afghanistan war as a way to revisit, generally, the history of constitutional disputes over war-related appropriation riders. Describing the differences in very simplistic terms, a "hawkish" opposition in Congress may gain political strength at any time, such as in 2010 or 2014, not necessarily because of the …
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.
Journal Publications
This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …
Obama And Libya, Benjamin G. Davis
Obama And Libya, Benjamin G. Davis
Florida A & M University Law Review
No abstract provided.
Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi
Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi
Florida A & M University Law Review
No abstract provided.
The Gender Jurisprudence Of The Special Court For Sierra Leone: Progress In The Revolutionary United Front Judgments, Valerie Oosterveld
The Gender Jurisprudence Of The Special Court For Sierra Leone: Progress In The Revolutionary United Front Judgments, Valerie Oosterveld
Law Publications
No abstract provided.
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Articles in Law Reviews & Other Academic Journals
No abstract provided.