Digital Commons Network^™

Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke

Cardozo Journal of Conflict Resolution

The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.

International Advocate For Peace Award Acceptance Speech, Abigail E. Disney

Cardozo Journal of Conflict Resolution

In a few weeks, we will all be gathering around our mothers to celebrate one of the most shamelessly trumped-up, commercialized and corny-and I might add, one of my very favorite-holidays on the American calendar: Mother's Day. I do not want to sound cynical; it is truly a wonderful thing for us to stop and honor those women in our lives who have shaped us, for better or for worse. And who does not love a little tribute made out of glitter and doilies and Elmer's glue?

Lawfare: A War Worth Fighting, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal

Vanderbilt Journal of Transnational Law

Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. This Article examines the relationship between the two prohibitions--of the use and threat of force--and considers the largely unexplored possibility of states utilizing a threat of force as a means of lawful defensive response: self-defense in the form of a threat. The status of this …

A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan

Cardozo Journal of Conflict Resolution

This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …

Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney

Articles, Book Chapters, & Popular Press

If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …

Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan, Matthew H. Charity

Faculty Scholarship

The international community continues to struggle with the question of what to do when a nation fails to protect its own people from systemic neglect, mistreatment, or even genocide. For many years, this debate pitted proponents of humanitarian intervention by a third-party against those who believe that all others must defer to the sovereign right of the state to control its own affairs and the affairs of its people. In the midst of this debate, the international community has adopted a middle road: insisting that states must acknowledge their responsibility to protect their populations and if the state manifestly fails …

The Law Of War In The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of warfare. Shaping the expectations and perceptions of the political elites who control the contours of the conflict is perhaps equally vital. The paradox is that as the legal regime applicable to the conduct of hostilities has matured over the last century, the legal dimension of conflict has at times overshadowed the armed struggle between adversaries. As a result, the overall military mission will often be …

Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman

Faculty Scholarship

In a 2010 article in Foreign Affairs, Deputy Secretary of Defense William Lynn revealed that in 2008 the Department of Defense suffered "the most significant breach of U.S. military computers ever" when a flash drive inserted into a US military laptop surreptitiously introduced malicious software into US Central Command's classified and unclassified computer systems. Lynn explains that the US government is developing defensive systems to protect military and civilian electronic infrastructure from intrusions and, potentially worse, disruptions and destruction, and it is developing its own cyber-strategy "to defend the United States in the digital age."

To what extent is …

Cyber Operations And The Jud Ad Bellum Revisited, Michael N. Schmitt

Villanova Law Review (1956 - )

The article discusses the international law's governance of cyber operations as of July 2011, focusing on the application of Article 2(4) of the United Nations (UN) Charter and customary international law to cyber operations, as well as the UN Security Council's potential role as an enforcement agency in regards to computer network security threats. The U.S. Cyber Command (USCYBERCOM) is also mentioned.

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.

An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

The Crisis Of International Law, Joel P. Tractman

Case Western Reserve Journal of International Law

No abstract provided.

After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.

Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

Responses To The Ten Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Seductive Drones: Learning From A Decade Of Lethal Operations, Mary Ellen O'Connell

Journal Articles

The world’s fleets of unmanned combat vehicles (UCVs) are growing exponentially. This contribution aims to raise awareness that the very existence of UCV technology may well be lowering the inhibitions to kill. At least two sets of data indicate a problem: First, we have evidence from psychological studies that killing at a distance using unmanned launch vehicles may lower the inhibition to kill on the part of operators. Second, we have a decade of evidence of US presidents deploying military force where such force was unlikely to be used prior to the development of UCVs. This evidence indicates that the …

The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George

Faculty Scholarship

The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …

Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah

Faculty Publications

This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …

Cyber-Attacks And The Use Of Force: Back To The Future Of Article 2(4), Matthew C. Waxman

Faculty Scholarship

This Article makes two overarching arguments. First, strategy is a major driver of legal evolution. Most scholarship and commentary on cyber-attacks capture only one dimension of this point, focusing on how international law might be interpreted or amended to take account of new technologies and threats. The focus here, however, is on the dynamic interplay of law and strategy – strategy generates reappraisal and revision of law, while law itself shapes strategy – and the moves and countermoves among actors with varying interests, capabilities, and vulnerabilities. The purpose is not to come down in favor of one legal interpretation or …

Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown

International Law Studies

No abstract provided.

The Occupation Of Iraq: A Reassessment, Eyal Benvenisti, Guy Keinan

International Law Studies

No abstract provided.

Full Volume 86: The War In Iraq: A Legal Analysis (2010)

International Law Studies

No abstract provided.

Legal Bases For Military Operations In Iraq, Raul A. "Pete" Pedrozo

International Law Studies

No abstract provided.

Introduction (Volume 86)

International Law Studies

No abstract provided.

Was The 2003 Invasion Of Iraq Legal?, Andru E. Wall

International Law Studies

No abstract provided.

The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns

International Law Studies

No abstract provided.

Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap, Jr.

International Law Studies

No abstract provided.