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Full-Text Articles in National Security Law
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Michigan Journal of International Law
This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Michigan Journal of International Law
This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.
The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley
The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley
Michigan Journal of International Law
In-the post-Cold War period, the United Nations Security Council has emerged from a side show of international politics to center stage. It has acted to repel aggression, to promote humanitarian efforts, and to enforce democracy. This flowering of activity holds the potential for achieving concerted international action to remedy situations involving great human misery.
Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam
Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam
Michigan Journal of International Law
This article considers an issue that, given its importance for the protection of combatants and civilians in armed conflict, has not attracted the attention it warrants: namely, the extent to which legal restraints derived from the ius in bello and the ius ad bellum apply to the Security Council when it is taking military enforcement action under Chapter VII of the United Nations Charter. Although a position not free from controversy, the recent practice of the Security Council in "authorizing" States to use force to restore international peace and security is treated as military enforcement action under Chapter VII of …
Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum
Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum
Michigan Journal of International Law
Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Michigan Journal of International Law
This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince
Michigan Journal of International Law
This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …