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Articles 1 - 6 of 6
Full-Text Articles in Rule of Law
Haiti: Confronting An Immense Challenge, Irwin Stotzky
Haiti: Confronting An Immense Challenge, Irwin Stotzky
University of Miami Inter-American Law Review
This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
Articles
This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs
No abstract provided.
The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo
The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo
Northwestern University Law Review
Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …
Democratization Of The International Law, Timur R. Korotkiy
Democratization Of The International Law, Timur R. Korotkiy
Timur R. Korotkiy
The article deals with the processes of democratization of international law, the establishment of democracy in the international legal system. Aside from that in the article explores the issues embodied in international law principles and norms containing liberal- democratic values, the development of international legal mechanisms for the establishment, maintenance and development of democratic institutions in the states and prevention of emergence and existence of undemocratic regimes, democratization of international rule-making procedures and enforcement of norms.
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Articles
The 1999 U.S.-led, NATO-assisted air strike against Yugoslavia has been extolled by some as leading to the creation of a new rule of international law permitting nations to undertake forceful humanitarian intervention where the Security Council cannot act. This view posits the United States as a benevolent hegemon militarily intervening in certain circumstances in defense of such universal values as the protection of human rights. This article challenges that view. NATO's Kosovo intervention does not represent a benign hegemony introducing a new rule of international law. Rather, the United States, freed from Cold War competition with a rival superpower, is …