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Castles In The Sand: Engineering Insular Formations To Gain Legal Rights Over The Oceans, Joshua L. Root 2016 US Navy

Castles In The Sand: Engineering Insular Formations To Gain Legal Rights Over The Oceans, Joshua L. Root

Joshua L. Root

This article examines States' attempts to engineer rocks into islands proper, and low-tide elevations into islands for the purposes of gaining legal rights over the oceans. It pays particular attention to the South China Sea.


Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque 2016 U.S. Naval War College

Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque

International Law Studies

The United States Department of Defense Law of War Manual misrepresents customary international law governing target selection, precautions in attack and proportionality. Contrary to the Manual’s assertions, attackers with a choice of targets for obtaining a similar military advantage must select the target that endangers the fewest civilians; often must avoid harming civilians even at some additional risk to themselves or to their mission; and must refrain from attack if the expected harm to civilians—including to civilians forced to serve as human shields—would be excessive in relation to the anticipated military advantage.


The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr. 2016 U.S. Naval War College

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

International Law Studies

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law ...


The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin 2016 U.S. Naval War College

The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

International Law Studies

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for ...


U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney 2016 Notre Dame Law School

U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney

Journal of Legislation

Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.


Handbook To Treaty 12th January 2016.Pdf, Jonathan m Bhagan 2016

Handbook To Treaty 12th January 2016.Pdf, Jonathan M Bhagan

Jonathan m Bhagan

Handbook to assist in the understanding of the Caribbean Treaty against Sex Crimes and Human trafficking


Development, Frank J. Garcia 2016 Boston College Law School

Development, Frank J. Garcia

Boston College Law School Faculty Papers

Development is about aspiration—our longing for a better life as individuals and as a community—and respect, as we individually and collectively recognize and support these aspirations. Development requires the freedom to define and choose that better life; a fair share of the resources needed to realize that life; and narratives of where we currently stand with regard to our aspirations and why, where we want to go, and what it will take to get there. This means that development inevitably takes place in and through politics, law, and the social sciences (especially economics), as we work to articulate ...


American Diplomacy Against The Islamic State: A Strategy For Victory, Edward H Campbell 2016

American Diplomacy Against The Islamic State: A Strategy For Victory, Edward H Campbell

Edward H Campbell

We can plan for either of two things: immediate victory by categorically annihilating the enemy through a limited nuclear war which blanks enemy power centers, or plan for an entire historic era of jihad and limited countermeasures against an enemy that cannot by ordinary methods be defeated, if defeated at all. 9 pages.


Caribbean Treaty Against Sex Crimes And Human Trafficking , Working Draft, Jonathan m Bhagan 2016

Caribbean Treaty Against Sex Crimes And Human Trafficking , Working Draft, Jonathan M Bhagan

Jonathan m Bhagan

The purpose and scope of this treaty is as follows :
1.  To establish an organization that be responsible for furthering regional cooperation in the fight against sex crimes and human trafficking.

2.   To establish a regional sex offenders registry and mandate that signatories establish local sex offenders registries.

3.   To establish regional databases for persons charged with sex crimes and human trafficking so as facilitate regional cooperation in tracking potential sex offenders, and most importantly to provide data for research that will inform future policies and laws.

4.   To create a system of notification to track whenever an offender moves ...


Standing And Collective Cultural Rights, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

Standing And Collective Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of ...


The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds 2016 Belfer Center for Science and International Affairs, Harvard Kennedy School, Harvard University, USA

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

An emerging set of proposed technologies to reduce risks from climate change stands to dramatically alter the international politics of climate change and potentially much more. These large-scale intentional interventions in natural systems, typically called ‘climate engineering’ or ‘geoengineering’, may be able to break through the collective action problem of greenhouse gas emissions cuts and greatly reduce climate risks rapidly and at low cost. At the same time, they pose their own environmental and social risks while potentially turning international climate politics ‘upside down’. Tensions brought about by climate engineering could conceivably lead to international conflict and pose a threat ...


Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard 2016 Florida State University

Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard

Chad G. Marzen

In the past decade, policymakers from various perspectives have discussed and debated proposals to reform America’s immigration system. This article discusses not only the history of the Catholic legal and intellectual tradition’s contribution to social teaching on the issue of immigration, but emphasizes the development of two strands of Catholic thought: the right to immigrate, and the right to regulate borders. Applying the Catholic legal and intellectual tradition, this article provides a proposal for immigration reform that incorporates key tenets of Catholic social thought.


The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and ...


Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation ...


Cultural Heritage, Human Rights And The Privatisation Of War, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

Cultural Heritage, Human Rights And The Privatisation Of War, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter focuses on the legal issues raised by the impact of the privatisation of war on cultural rights and cultural heritage during military engagements. It is divided into four parts. First, there is an examination of the current debate amongst heritage practitioners, particularly archaeologists and anthropologists, about their professional engagement with PMSCs in recent conflicts and belligerent occupation. Second, there is an overview of existing international humanitarian law and human rights provisions covering cultural rights and cultural heritage during armed conflict and occupation. Third, the response of professional bodies and associations of heritage practitioners through their codes of ethics ...


The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter considers the criminalisation of illicit traffic of cultural objects in international law and its impact for domestic law. The regulation of the trade in cultural objects has long been resisted in so-called market States, which host major auction houses and art and antiquities dealers. The lobbying was particularly directed against the enforcement of foreign public laws covering export controls in domestic courts. However, the Security Council’s adoption of resolutions that condemned the pillage of Iraqi and Syrian cultural sites has transformed this debate. These resolutions enunciate an obligation to prosecute in domestic courts which is covers all ...


Democracy And Torture, Patrick A. Maurer 2016 SelectedWorks

Democracy And Torture, Patrick A. Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.


Letting Go Of ‘The Normal’ In Pursuit Of An Ever-Elusive Real: A Proposal For Innovation In International Law And Economics Theory And Scholarship, Dan Danielsen 2016 Northeastern University

Letting Go Of ‘The Normal’ In Pursuit Of An Ever-Elusive Real: A Proposal For Innovation In International Law And Economics Theory And Scholarship, Dan Danielsen

Dan Danielsen

This essay surveys and critically assesses international law and economics scholarship as it has evolved since the 1990s as a distinct strand of international legal theory. In this work, international law and economics scholars have sought to demonstrate the virtues of certain forms of economic modelling techniques for answering questions of institutional arrangement and jurisdictional authority that have posed challenges central to the discipline of international law such as which institutions should make which rules in the global order and whose rules ought to apply in what circumstances. Without denying the importance of these issues, many significant global issues that ...


“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana 2016 Chapman University, Fowler School of Law

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving ...


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. HSIEH 2016 Singapore Management University

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. Hsieh

No abstract provided.


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