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The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Federal Harassment.®, Daniel Fernando Gómez Tamayo 2015 SelectedWorks

Federal Harassment.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

Karl Franco, ¿English Teacher or DEA Federal?


State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley 2015 Harvard Law School

State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley

Georgia Journal of International & Comparative Law

No abstract provided.


The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr 2015 Office of Legal Affairs, United Nations Secretariat

The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr

Georgia Journal of International & Comparative Law

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 2015 Director, Public Policy and Advocacy at U.S. Fund for UNICEF

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 ...


Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland 2015 Senior Humanitarian Advisor, Oxfam America

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 2015 Robert L. Bernstein International Human Rights Fellow at the Center for Justice and Accountability

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 ...


Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello 2015 College of William & Mary Law School

Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello

William & Mary Law Review

No abstract provided.


A Forgiveness Law: The Path To Solve The Peace Versus Justice Dilemma, Juan Carlos Portilla 2015 Boston College Law School

A Forgiveness Law: The Path To Solve The Peace Versus Justice Dilemma, Juan Carlos Portilla

Boston College Journal of Law & Social Justice

The peace process between the Colombian government and the Colombian guerrillas provides a case study to examine the operation of a forgiveness law under international law. In 2012, the Colombian Congress passed a legal framework for peace, which essentially provided amnesty for those accused of international crimes. While amnesty trades justice for peace, the forgiveness law proposal for Colombia would secure justice and peace together. Unlike amnesty, the forgiveness law proposal is lawful under international law, for it guarantees prosecution of international crimes, discovery of the truth, a fair trial, adjudication of individual criminal responsibility, redress for victims, guarantees of ...


Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen 2015 U.S. Naval War College

Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen

International Law Studies

The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts ...


State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts 2015 U.S. Naval War College

State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts

International Law Studies

International humanitarian law has developed through a pluralistic process. Its history reveals a pattern of rough proportionality between State opinio juris and non-State expressions of law. These diverse sources have maintained a respectable yet realistic balance between humanity and military necessity. However, current IHL dialogue presents a stark contrast to the vibrant and pluralistic exchanges of the past. The substantive input of non-State actors such as non-governmental organizations, tribunals, and scholars far outpaces the work of States. Parity of input, especially in quantitative terms, is surely too much to demand and surely not necessary given the special status of State ...


God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff II 2015 Florida Coastal School of Law

God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii

James J. Woodruff II

In an attempt to provide clarity in the stormy seas presented at the intersection of church and state we have followed a three-step process to resolve religious liberty issues. A military commander may experience bewilderment when confronted with questions such as when is public prayer allowed or when can a religious artwork be displayed on amilitary installation. This article will review the three-step process to utilize in answering most religious-based First Amendment issues that arise during military operations. It will also provide a new manner of thinking regarding the separation of church and state.


Access To National Security Information Under The U.S. Freedom Of Information Act, Stephen J. Schulhofer 2015 NYU School of Law

Access To National Security Information Under The U.S. Freedom Of Information Act, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations throughout the world permit executive officials to maintain secrecy in matters touching “national security.” And secrecy’s potential for eroding democratic values is growing as conceptions of national security expand. The U.S. Freedom of Information Act (FOIA) offers tools to resist that trend. The present paper, prepared for an International Symposium on “Freedom of Information and Governmental Transparency,” examines FOIA practice in national-security cases. Although U.S. courts do not always pursue their FOIA responsibilities aggressively, they frequently succeed in forcing the release of significant, previously classified material. An active judicial check on national security secrecy therefore is ...


Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn 2015 University of Würzburg

Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski 2015 Seattle University School of Law

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United ...


Book Review: El Conflicto Honduras - El Salvador Y El Orden Juridico Internacional. James Rowles. Editorial Universitario Centroamericana (Educa). Costa Rica, 1980., Jose R. Pages 2015 University of Georgia

Book Review: El Conflicto Honduras - El Salvador Y El Orden Juridico Internacional. James Rowles. Editorial Universitario Centroamericana (Educa). Costa Rica, 1980., Jose R. Pages

Georgia Journal of International & Comparative Law

No abstract provided.


Internal Colonialism And Humanitarian Intervention, M. Sornarajah 2015 University of Tasmania

Internal Colonialism And Humanitarian Intervention, M. Sornarajah

Georgia Journal of International & Comparative Law

No abstract provided.


Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram 2015 University of Georgia School of Law

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.


New Start From Old Beginnings?, Michaela Ruhlmann 2015 Cedarville University

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 ...


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley 2015 University of Georgia School of Law

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


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