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Full-Text Articles in Military, War, and Peace

Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl Jan 2005

Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl

Scholarly Articles

In Rasul v. Bush, the Supreme Court held that U.S. district courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. In this paper, I explore what has happened since the Rasul decision: most notably, the introduction of combatant status review tribunals as a response to Rasul and the challenges that have been filed thereto and adjudicated in the federal courts (Khalid, In re Guantanamo Detainee Cases); the charges brought against certain detainees by military commissions and challenges to these commissions filed in the …


Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez Jan 2005

Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez

Scholarly Articles

The first object of this paper, therefore, is to consider in very general terms the intellectual history of the study of the relation between trade and peace, using two key texts from the beginning and the end of the Cold War - first, Kenneth Waltz's "Man, the State, and War: A Theoretical Analysis" 3; and, second, Philip Bobbitt's "The Shield of Achilles: War, Peace, and the Course of History.

The second part of this paper will argue that Waltz's normative commitments are revealed in the order of his presentation and Bobbitt's normative commitments are revealed in the ostensibly descriptive thesis …


Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez Jan 2005

Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Scholarly Articles

After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.