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Articles 1 - 5 of 5
Full-Text Articles in Military, War, and Peace
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
All Faculty Scholarship
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
All Faculty Scholarship
I have known and been inspired by Henry J. Richardson III and his scholarship for many years. A hallmark of his work has been his focus upon African-American interests in international law and also upon the rights and interests of African states. In acknowledgement of that intellectual debt, it is my honor to dedicate the following article to this festschrift celebrating his life and work.
Ending Security Council Resolutions, Jean Galbraith
Ending Security Council Resolutions, Jean Galbraith
All Faculty Scholarship
The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the …
Advantaging Aggressors: Justice & Deterrence In International Law, Paul H. Robinson, Adil Ahmad Haque
Advantaging Aggressors: Justice & Deterrence In International Law, Paul H. Robinson, Adil Ahmad Haque
All Faculty Scholarship
Current international law imposes limitations on the use of force to defend against unlawful aggression that improperly advantage unlawful aggressors and disadvantage their victims. The Article gives examples of such rules, governing a variety of situations, showing how clearly unjust they can be. No domestic criminal law system would tolerate their use.
There are good practical reasons why international law should care that its rules are perceived as unjust. Given the lack of an effective international law enforcement mechanism, compliance depends to a large degree upon the moral authority with which international law speaks. Compliance is less likely when its …
Adoption Of The Responsibility To Protect, William W. Burke-White
Adoption Of The Responsibility To Protect, William W. Burke-White
All Faculty Scholarship
This book chapter traces the legal and political origins of the Responsibility to Protect doctrine from its early origins in the International Commission on Intervention and State Sovereignty through the 2005 World Summit Outcome Document and up to January 2011. The chapter examines the legal meaning of the Responsibility to Protect, the obligations the Responsibility imposes on states and international institutions, and its implications in for the international legal and political systems. The chapter argues that while the Responsibility to Protect has developed with extraordinary speed, it is still a norm in development rather than a binding legal rule. Its …