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Social and Behavioral Sciences Commons

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Articles 1 - 12 of 12

Full-Text Articles in Social and Behavioral Sciences

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Sep 2019

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Neal E. Devins

No abstract provided.


The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone Sep 2019

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Linda A. Malone

No abstract provided.


Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs Sep 2019

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry Jul 2015

Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

Rod Smolla

No abstract provided.


Maritime Piracy And The Construction Of Global Governance, Michael Struett, Jon D. Carlson, Mark Nance Dec 2011

Maritime Piracy And The Construction Of Global Governance, Michael Struett, Jon D. Carlson, Mark Nance

Jon D. Carlson

Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global …


North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron Mar 2010

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder Dec 2009

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …


Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations? Three Logics Of Nonproliferation Decision-Making, Andrew J. Grotto Dec 2008

Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations? Three Logics Of Nonproliferation Decision-Making, Andrew J. Grotto

Andrew J Grotto

Why do states that oppose nuclear proliferation resist initiatives to strengthen the nonproliferation regime? There is virtually universal support for the basic principle of nonproliferation—all countries but four are states-party to the Non-Proliferation Treaty (NPT). Yet enthusiasm among NPT parties for proposals to strengthen the nonproliferation regime varies widely even as new challenges highlight dangerous gaps in the regime.

There is something approaching consensus among scholars and policy-makers that many states resist proposals to strengthen the nonproliferation end of the NPT bargain largely because America and other NWS haven’t made satisfactory progress towards nuclear disarmament. I suggest this consensus rests …


The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan Dec 2007

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

Donald J. Kochan

The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …


Military Commissions Act Of 2006, Arsalan M. Suleman Dec 2006

Military Commissions Act Of 2006, Arsalan M. Suleman

Arsalan Suleman

On October 17, 2006, President Bush signed into law the Military Commissions Act of 2006 (MCA). Congress passed the MCA to authorize the trial by military commissions of detained terrorism suspects after the Supreme Court's decision in Hamdan v. Rumsfeld invalidated the military commissions previously established pursuant to a 2001 military order from President Bush. The MCA adds chapter 47A to title 10 of the U.S. Code to give statutory authorization for the military commissions. This Recent Development explores some of the more controversial aspects of the MCA, especially those sections that respond to the Court's Hamdan decision. The note …


Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan Dec 2005

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

From Grotius to Hobbes to Locke to an unconventional modern pop-culture manifestation in Ali G, the concept of “respect” has always been understood as important in human interaction and human agreements. The concept of mutual understanding and obligation pervades human interaction, and, for purposes of this Article, international relations. Almost all basic principles in English, United States, and other country’s laws that value human and individual rights have based, over time, the development of their laws on the philosophical principle of respect. So much of common and statutory law is designed to enforce respect for others. The principle question in …


If Afghanistan Has Failed, Then Afghanistan Is Dead: ‘Failed States’ And The Inappropriate Substitution Of Legal Conclusion For Political Description, David D. Caron Dec 2004

If Afghanistan Has Failed, Then Afghanistan Is Dead: ‘Failed States’ And The Inappropriate Substitution Of Legal Conclusion For Political Description, David D. Caron

David D. Caron

A Bush Administration memorandum argued that the Geneva Conventions did not apply in Afghanistan because Afghanistan was no longer a state and therefore no longer a party to those treaties. This article argues both that there is not precedent for such a "failed state" doctrine and that it is, as a normative matter, not a desirable doctrine. It is argued that the memorandum inappropriately jumped from the political science description of a state that can no longer deliver basic services to the legal conclusion that the state no longer existed. A step taken despite the fact that no state (including …