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Articles 1 - 12 of 12
Full-Text Articles in International Relations
Ending Security Council Resolutions, Jean Galbraith
Ending Security Council Resolutions, Jean Galbraith
All Faculty Scholarship
The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the …
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss
Electronic Thesis and Dissertation Repository
Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice can help …
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
Brigham Young University International Law & Management Review
No abstract provided.
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Brigham Young University International Law & Management Review
No abstract provided.
And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman
International Human Rights Law Journal
Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
International Human Rights Law Journal
Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
International Human Rights Law Journal
Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …
New Start From Old Beginnings?, Michaela Ruhlmann
New Start From Old Beginnings?, Michaela Ruhlmann
History Capstone Research Papers
This paper examines the extent of which START I and New START achieved effective balance of power between the United States and Russia. It addresses the purpose, agreements and the impact of START I and New Start on the effectiveness in accomplishing global balance of power. This paper argues that while the original START I accomplished a global balance of power by equalizing reduction of nuclear arsenals in both countries, but that New START did not accomplish a long-term global balance of power. To best demonstrate this, “New START from Old Beginnings?” covers START I’s historical context, examine its actual …
Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern
Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern
All Faculty Scholarship
Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal …
Finding Aid To The Collection Of Richard Cutts Shannon Materials., Richard Cutts Shannon, Colby College Special Collections
Finding Aid To The Collection Of Richard Cutts Shannon Materials., Richard Cutts Shannon, Colby College Special Collections
Finding Aids
The Richard Cutts Shannon collection contains diaries, correspondence, printed materials, photographs, artifacts, and clippings by and about Richard Cutts Shannon, Colby Class of 1862. Of note are many diaries Shannon kept throughout his life between 1862-1920, including his time as an aide-de-camp in the Civil War, a prisoner in Libby Prison, his voyage to Rio de Janeiro, Brazil, his service as Secretary of the U.S. Legation in Brazil, as a U.S. Congressman, and an account of his tour around the world. This collection also contains photographs, artifacts (Shannon's riding gloves and saddlebag from the Civil War era), Shannon's accounts of …
Cyber Espionage Or Cyber War?: International Law, Domestic Law, And Self-Protective Measures, Christopher S. Yoo
Cyber Espionage Or Cyber War?: International Law, Domestic Law, And Self-Protective Measures, Christopher S. Yoo
All Faculty Scholarship
Scholars have spent considerable effort determining how the law of war (particularly jus ad bellum and jus in bello) applies to cyber conflicts, epitomized by the Tallinn Manual on the International Law Applicable to Cyber Warfare. Many prominent cyber operations fall outside the law of war, including the surveillance programs that Edward Snowden has alleged were conducted by the National Security Agency, the distributed denial of service attacks launched against Estonia and Georgia in 2007 and 2008, the 2008 Stuxnet virus designed to hinder the Iranian nuclear program, and the unrestricted cyber warfare described in the 1999 book by …