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Full-Text Articles in Social and Behavioral Sciences
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
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 …