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The War Powers Resolution-- A Dim And Fading Legacy, John R. Crook

Case Western Reserve Journal of International Law

No abstract provided.

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The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

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Targeting Co-Belligerents, Jens David Ohlin

Cornell Law Faculty Working Papers

One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …

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The Case Against An International Cyber Warfare Convention, Lawrence L. Muir Jr.

Scholarly Articles

None available.

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Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni

University of Miami International and Comparative Law Review

The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …

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The International Review | 2011 Fall/Winter, Michael Rhee

The International Review Newsletter

Cigarettes meet international law: Will tobacco use go up in smoke?

Stopping the recruitment and use of child soldiers

No place to call home: The status and rights of stateless people

Collective punishment and international law: Punished for the acts of others

The United Nations and the Rule of Law: Delivered by UN Secretary-General Ban Ki-moon

Does international law effectively protect art, antiquities, and cultural property?

Who will prosecute the son of Col. Muammar Qaddafi?

Saudi Arabia: Arrested for being a woman driver

United States: Copyright protection for fashion designs?

Arctic Council: Setting the stage for more cooperation in the …

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Flying Into The Future: Drone Warfare And The Changing Face Of Humanitarian Law, Michael A. Newton

Vanderbilt Law School Faculty Publications

Before we consider the specifics of drone warfare, we must remember two predicate points. Firstly, the discipline of international criminal law has never been healthier as the era of accountability is irreversibly underway. While the challenges of administering justice in the midst of profound political and personal passions remain, there is no current shortage of young and inspired advocates who wish to contribute. Furthermore, they do so against the backdrop of a developed discipline. It cannot be forgotten that the discrete discipline that we term international criminal law, and that many of us teach in our law schools, has taken …

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The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson

Environmental and Earth Law Journal (EELJ)

The Wilderness Myth

Abstract by Mark Hopson

Contrary to popular opinion, and the vast majority of legal scholarship on the subject, the traditional American model for a national park is scientifically and logically unsound. Further, this model has been adopted at a terrible social cost to the indigenous tribes who lived on the land that became national parks. Every government that has chosen to implement the American national park model has done so at the expense of indigenous people.

This article chronicles the creation of the world’s first national parks, Yosemite and Yellowstone, and the legal battles involved. The article …

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