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Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses history of world free trade after the second world war has a very long and winding history, which is also colored by the formation of international trade organizations, in which many countries who involved have antinomy thoughts, where some of them feel the world of trade needs a free trade system, resulting to negotiations and various forms of compromise. Entering the era of globalization marked by the birth of various kinds of multilateral and bilateral agreements as well as the formation of economic blocs clearly shows the relationship or linkages and dependencies between nations and people around …

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

International Law Studies

In Doha, Qatar the government of the United States has conducted successive rounds of negotiations with a non-State, the Islamic Emirate of Afghanistan (the Taliban) over the future of a State that was not present—the Government of Afghanistan. Regardless of the outcome, the United States will retain a national security interest in Afghanistan and the region. Contextually nuanced strategic choices will be critical and law could be a key strategy. This article identifies relevant Afghan history—a collective longue durée—appraises the severable sovereignty of the Afghan State, and underscores the imperative of working below the State. Drawing on a 1952 …

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …

Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau

Honors Projects in History and Social Sciences

This paper will seek to explore whether or not Nazi war criminals tasked with manning and staffing the various concentration and death camps were in any way entitled to due process of law upon their capture and trial. This concept is debated among international Holocaust scholars and often discussed with purely apodictic arguments based upon a lack of understanding of military law. This paper will discuss in detail the rights, liberties, and treatment of Nazi war criminals after World War II in relation to the trials of concentration camp guards. It will also necessarily explore and explicate the misunderstood military …

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.

Afghanistan And International Security, Adam Roberts

International Law Studies

No abstract provided.

Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman

Human Rights & Human Welfare

The relationship between promoting human rights and stopping wars can be perplexing. The 19th century origins of the Geneva Convention and the International Commissions of the Red Cross (ICRC) are warnings about the moral danger, ambiguities, or tensions of bringing war within the arena of human rights considerations. Human rights and war can be a toxic cocktail. One should not want to make war more likely or legitimate or deadly by seeming to say that the killing machine on one side or the other is acting humanely, as if that makes war okay. War is hell.

A Critical Guide To The Iraqi High Tribunal's Anfal Judgement: Genocide Against The Kurds, Jennifer Trahan

Michigan Journal of International Law

In the Anfal trial, the Iraqi High Tribunal (IHT or the Tribunal) in Baghdad convicted former Iraqi high officials of genocide, crimes against humanity, and war crimes. Unlike its predecessor-the Dujail trial-the Anfal trial included the presentation of a high volume of documentary and eye-witness evidence. This evidence clearly revealed the existence of a genocidal campaign by the former Iraqi government and military that eliminated an estimated 182,000 Iraqi Kurds in 1988, as part of the eight-phased "Anfal campaign" (the Anfal). Relying on this and other evidence, judges in the Anfal Trial Chamber explained fairly persuasively how genocide, crimes against …

Memory And Violence In Israel/Palestine, K. M. Fierke

Human Rights & Human Welfare

A review of:

Israeli and Palestinian Narratives of Conflict: History’s Double Helix, edited by Robert I. Rotberg. Indiana University Press, 2006.

and

Memory and Violence in the Middle East and North Africa, edited by Ussama Makdisi and Paul A. Silverstein. Indiana University Press, 2006.

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

International Monetary Fund, Kris Kirby

Human Rights & Human Welfare

Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.

Human Rights In Cuba, Susan Kemp

Human Rights & Human Welfare

In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.

Human Rights In Honduras, Andrea Degaetani

Human Rights & Human Welfare

Honduras’ history of human rights violations is rooted in a political culture of militarization. Following a military coup in 1963, Honduras faced strengthened military authority and a decade of harsh military rule. It was also during this time that the United States used the country as a base for Contras fighting leftist Sandinistas in Nicaragua. In 1981 Honduras returned to a parliamentary democracy, electing Roberto Suazo Cordova as president. However, by then the process of militarization had been so heavily funded by the U.S and had made such a significant impact on public policy that little changed for the better. …

The Organization Of American States, Natalie Knowlton

Human Rights & Human Welfare

The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.

Human Rights In Peru, William Osborne

Human Rights & Human Welfare

As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

Georgia, James Smithwick

Human Rights & Human Welfare

The conflict between Chechnya and Russia combined with September 11 has focused more international attention on the Russian Caucuses. However, little has changed since America declared a War on Terror in the Republic of Georgia. The state turned a blind eye to religious persecution before September 11, and continues to do so. Multiple separatist movements persist in the same manner as they did prior to September 11.

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.

State-Building In Iraq, Hafsteinn Hafsteinnsson

Human Rights & Human Welfare

Whether the 2003 invasion of Iraq was principally strategic or humanitarian, the United States’ involvement in Iraq has become a complex state-building mission. While there is agreement within the international community on the importance of rebuilding a democratic Iraq, there are many conflicting viewpoints on how this operation should proceed.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Pakistan, Susannah Compton, Toni Panetta

Human Rights & Human Welfare

Following armed hostilities in 1947-1949 between India and Pakistan, the region once known as the Princely State of Jammu and Kashmir was divided. The disputed territory continues to split relations between Pakistan and India and the threat of war has been a daunting force as recently as 2002.

State-Building In Afghanistan, Melanie Kawano, Amy Mcguire

Human Rights & Human Welfare

Since the U.S. intervention in Afghanistan in late 2001, Afghan citizens and members of the global community have been grappling with the question of how to build a state that can fill the void created by decades of conflict and violence. However, the concept of “state-building” is complex. The term describes both an internal process and international assistance; it requires short-term action as well as a long-term vision. While no precise formula for state-building exists, there are historical precedents and “models” of state-building expressed by great powers and multilaterals. In reality, however, these are based on best guesses that fail …

Neotrusteeship In Bosnia, Lauren Ingram

Human Rights & Human Welfare

The conflict in Bosnia resulted in 4.3 million displaced people, 250,000 estimated casualties, and more than 200,000 wounded including 50,000 children. (Cousens and Carter 25). In 1995, these facts became known to the world when the U.N. Protection Force (UNPROFOR), NATO, and the United States were able to reach a peace agreement with warring factions. As in World War II, Bosnian-Serbians, Bosnian-Croatians, Croatians, Muslim were active combatants. However, unlike World War II, no single governing authority emerged. Instead, the U.N., with key U.S. involvement, had to institute not only peace but also an administration that could uphold that peace. The …

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley

Our First Televised Genocide, Kenneth Lasson

All Faculty Scholarship

It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …

Third State Remedies In International Law, Jonathan I. Charney

Michigan Journal of International Law

This article explores issues arising from third state enforcement of international law. Support for third state remedies may be found in law, practice, and the literature. It is not, however, definitively stablished. Third state remedies may appear at first glance to serve only the desirable goal of promoting rules of international law, but they may also produce negative side effects. The challenge to the international community is to design an effective third state enforcement regime that minimizes undesirable side effects.

Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms

Michigan Journal of International Law

Today, after a long silence, the Nordic States are again investigating the idea of establishing a Nordic nuclear-weapon-free zone. The renewed exchange of views is no doubt partly related to the continuing development of nuclear weapons and partly to the fear that even in circumstances where nuclear weapons would not be used against the Nordic States they present a threat to the region should major war break out. This fear was mentioned by Dr. Urho Kekkonen, the President of the Republic of Finland, in an address he delivered at the Swedish Institute of International Affairs in Stockholm on May 8, …