Military, War and Peace Commons^™

Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman

Pepperdine Law Review

No abstract provided.

Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Administrative Procedure Act And The Military Departments, Thomas R. Folk

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Kosovo War: Nato’S Opportunity, Sead Osmani

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Australia's Views On Global Summitry: The Case Of The G20, Melissa Conley Tyler

Global Summitry Journal

When Australia announced in 2010 that it would become a member of the Asia Europe Meeting (ASEM), I sought out one’s of Australia’s leading experts on Australia-Europe relations, Professor Philomena Murray. I asked her why she thought Australia was pushing to become a member of ASEM after previous unsuccessful attempts. Her view: Australia is “a joiner.”

This appears to be a fair statement of Australia’s current approach to global summitry, a pattern begun during former Prime Minister Kevin Rudd’s tenure and still very much pursued under the leadership of the current Prime Minister Julia Gillard. To ...

The Newly Emerging Powers And South Africa's Global Strategy, Mzukisi Qobo

Global Summitry Journal

It is widely recognized that BRICS countries will become the main drivers of global growth in the next several decades. This economic power-shift, however, has not yet translated itself into political agenda-setting authority. The lack of congruence between political and economic power in global redistribution of power is the main theme I explore in this paper. In undertaking the critical assessment of the notion of global power redistribution I borrow from theoretical approaches associated with Susan Strange on structural (and agenda-setting) power and Joseph Nye on ‘soft’ and ‘smart’ power. This paper deals in particular with two questions. The first ...

Breaking The Mexican Cartels: A Key Homeland Security Challenge For The Next Four Years, Carrie F. Cordero

Georgetown Law Faculty Publications and Other Works

Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. And this figure does not even include the nearly 40,000 Americans who die each year from using illegal drugs, much of which is trafficked through the U.S.-Mexican border. The death toll is only part of the story. The rest includes the terrorist tactics used by cartels to ...

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the ...

International Law And The Future Of Peace, Diane Marie Amann

Presentations and Speeches

These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.

Al-Skeini V. United Kingdom And Extraterritorial Jurisdiction Under The European Convention For Human Rights, Samantha Miko

Boston College International and Comparative Law Review

In July 2011, the European Court of Human Rights (ECtHR) issued its judgment in Al-Skeini v. United Kingdom. This case prompted the court to reconsider its conflicting lines of case law on the extraterritorial application of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In its decision, the court validated both the “effective control of an area” and “State agent authority” models of analysis, which had until Al-Skeini both been employed by the court at different times to analyze the ECHR’s extraterritorial application. Ultimately, however, the court ruled under an augmented version of the “State ...

Keeping Good Faith In Diplomacy: Negotiations And Jurisdiction In The Icj's Application Of The Cerd, William P. Lane

Boston College International and Comparative Law Review

The International Court of Justice (ICJ) refused jurisdiction in Georgia’s suit against Russia under the Convention on Elimination of All Forms of Racial Discrimination, finding that the treaty’s jurisdictional clause, which limits jurisdiction to unsettled disputes, did not apply in the absence of good-faith negotiation. The court reversed its provisional measures order, which entertained jurisdiction, and continued a line of cases holding that clauses like the treaty’s jurisdictional clause serve mainly to give the parties notice of the dispute. The ICJ’s ruling noted that these clauses also reflect limits on parties’ consent to jurisdiction and a ...

Holding Blackwater Accountable: Private Security Contractors And The Protections Of Use Immunity, Emily Kelly

Boston College International and Comparative Law Review

Private security contractors who commit crimes abroad enjoy extensive protection from prosecution. When private security contractors discharge weapons without authorization, the U.S. State Department immediately compels them to make official statements regarding the incidents. The statements are made under the threat of job loss, but are subsequently protected by immunity. The U.S. District Court for the District of Columbia’s dismissal of United States v. Slough highlights the difficulties prosecutors face in obtaining untainted evidence as a result of these protected statements. The Department of Justice has no control over grants of immunity to private security contractors and ...

Great Accountability Should Accompany Great Power: The Ecj And The U.N. Security Council In Kadi I & Ii, Vanessa Arslanian

Boston College International and Comparative Law Review

Over a decade ago, the United Nations (UN) Security Council added Yassin Abdullah Kadi’s name to a list of hundreds of individuals suspected of associating with Al-Qaida and the Taliban. The Security Council directed UN Member States to freeze the listed individuals’ assets and to limit their travel. The Council of the European Union (EC) subsequently passed regulations giving direct effect to the UN sanctions regime. In 2008, the European Court of Justice (ECJ) annulled one such implementing regulation, but assigned responsibility for remedying considerable due process defects inherent in the regime to Community institutions rather than the UN ...

International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne

Gregor Noll

In this paper, we shall present two interlocking arguments, both drawing on a distinction between formal and substantive models of justice. In a first step, we depart from the accepted presumptions about the formal delivery of international criminal justice and its capacities to deliver peace and security, to consider how alternative views on the legitimacy of international criminal tribunals and retributive justice present some far more unsettling perspectives about the performance and promise of these nascent courts. If these issues are taken seriously, then one should reconsider whether international trials are able to deliver the broader forms of substantive justice ...

Beyond Revolution: Ending Lawlessness And Impunity During Revolutionary Periods, Vanessa A. Arslanian

Boston College International and Comparative Law Review

In early 2011, mass protests erupted throughout Libya, political elites defected to form the resistance National Transitional Council, and the international community eventually intervened in the conflict. The result was the ouster of long-ruling leader Muammar Gaddafi and the be-ginning of considerable political change in Libya. Following the Gaddafi regime’s overthrow, the regional militias that displaced Gaddafi refused to surrender arms to the interim government and continued to perpetrate illegal detentions, displacements, rapes, and summary executions. This Note assumes that events in Libya constitute an ongoing revolution, and places the violent episodes associated with it in a historical tradition ...

Dreyfus V. Von Finck: Expropriation - Federal Question Jurisdiction - Military Law 59

Maryland Journal of International Law

No abstract provided.