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Articles 1411 - 1440 of 3139
Full-Text Articles in Entire DC Network
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
International Law Studies
No abstract provided.
Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens
Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens
International Law Studies
No abstract provided.
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken
Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken
Independent Study Project (ISP) Collection
This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …
Illustrating Illegitimate Lawfare, Michael A. Newton
Illustrating Illegitimate Lawfare, Michael A. Newton
Vanderbilt Law School Faculty Publications
Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide practitioners. Clearly addressing the terminological imprecision in current understandings of lawfare, this essay is intended to help prevent further erosion of the corpus of jus in bello. Words matter, particularly when they are charged with legal significance and purport to convey legal rights and obligations. When purported legal “developments” actually undermine respect for the application and enforcement of humanitarian law, they are illegitimate. Although the laws and …
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
San Diego International Law Journal
This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.
It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson
It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson
Indiana Journal of Global Legal Studies
This Note discusses the domestic and international economic effects of the recent surge of piracy off the coast of Somalia, and uses Somali piracy as a method of exploring conflicting ideological conditions that arise from globalization. In exploring the underlying motivations for this trend, it identifies a dichotomy between primary needs satisfaction within underdeveloped nations and the satisfaction of secondary interests in developed nations, and explains how globalization may be exacerbating the turn toward piracy. This Note first discusses the recent rise in piracy and then explores how the contemporary history of Somalia has engendered the upsurge. Next, it considers …
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua
Book Reviews
This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …
Locating The International Interest In Intranational Cultural Property Disputes, Joseph P. Fishman
Locating The International Interest In Intranational Cultural Property Disputes, Joseph P. Fishman
Vanderbilt Law School Faculty Publications
This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction of cultural objects located within their own territory, I identify two factors that may justify internationalizing otherwise domestic conflicts over cultural property: discriminatory intent and harm to cultural diversity. I argue that where neither of these concerns is implicated, the international community should pursue a policy of non-intervention, both because local authorities are likely to be more competent adjudicators and because eliciting a global referendum on cultural …
Foreword, José Luis Jesus
Peace Agreements And International Peace Operations: The Case Of Sierra Leone, Haruyuki Irie
Peace Agreements And International Peace Operations: The Case Of Sierra Leone, Haruyuki Irie
Seton Hall University Dissertations and Theses (ETDs)
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The Icc's Jurisdiction Over War Crimes In Internal Armed Conflicts: An Insurmountable Obstacle For China's Accession?, Jing Guan
Penn State International Law Review (1982 - 2011)
No abstract provided.
International & Comparative Law Perspectives: Spring 2010, Int'l & Comp. Law Program
International & Comparative Law Perspectives: Spring 2010, Int'l & Comp. Law Program
International & Comparative Law Perspectives
No abstract provided.
The Truth Behind Gitmo, Scott Horton
The Truth Behind Gitmo, Scott Horton
Pace International Law Review Online Companion
No abstract provided.
Do Drones Have A Silver Lining?, David Akerson
Do Drones Have A Silver Lining?, David Akerson
Human Rights & Human Welfare
Michael Abramowitz and Lawrence Woocher’s article, “How Genocide Became a National Security Threat,” flags an important milestone in American foreign policy, namely that mass atrocities might now be appropriately viewed as the national security threats that they are. The problem with translating this policy development into action is the next and not insignificant challenge. Aerial drones may be key to overcoming it.
Reconsidering Reprisals, Michael A. Newton
Reconsidering Reprisals, Michael A. Newton
Vanderbilt Law School Faculty Publications
The prohibition on the use of reprisals is widely regarded as one of the most sacrosanct statements of the jus in bello applicable to the conduct of modern hostilities. The textual formulations are stark and subject to no derogations. Supporters of the bright line ban describe it as a vital bulwark against barbarity. In the words of the International Committee of the Red Cross, the prohibition is absolute, despite the fact that the declarations of key states indicate residual ambiguity over the scope of permissible reprisals, particularly in the context of non-international armed conflicts. Reprisals are a recurring feature of …
Rise Of The Drones: Unmanned Systems And The Future Of War, Kenneth Anderson
Rise Of The Drones: Unmanned Systems And The Future Of War, Kenneth Anderson
Legislative Testimony & Comments
This document is written testimony submitted to the Subcommittee on National Security and Foreign Affairs, for a hearing under the general title of "Rise of the Drones: Unmanned Systems and the Future of War." The hearing covered military, strategic, technological, and economic issues related to unmanned aerial vehicles in military, intelligence, and civilian commercial use. This written testimony addressed certain international law and legal policy issues raised by the use of drones as a means of projecting force. It is primarily addressed to the question of the CIA campaign of drone attacks in Pakistan and beyond, rather than the use …
Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer
Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer
Faculty Scholarship
Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals around …
The Moral And Legal Basis For Sanctions, Anthony D'Amato
The Moral And Legal Basis For Sanctions, Anthony D'Amato
Faculty Working Papers
In order to analyze the moral and legal basis for sanctions in international relations, we have to begin at a stage where there is no centralized government in place. We first need to get a picture of the range of possible sanctions. Next, we need to see what role sanctions play in the international system. Finally, we turn to the intertwined moral and legal considerations that make well-designed sanctions efficacious in today's world. The fundamental objective of sanctions in interstate relations is to make it expensive for a target state to refrain from doing what the sanctioning state wants it …
The Concept Of Special Custom In International Law, Anthony D'Amato
The Concept Of Special Custom In International Law, Anthony D'Amato
Faculty Working Papers
General customary international law contains rules, norms, and principles that seem applicable to any state and not to a particular state or an exclusive grouping of states. For example, norms relating to the high seas, to airspace and outer space, to diplomatic immunities, to the rules of warfare, and so forth, apply equally to all states having occasion to be concerned with these areas. Similarly, the facts of a given case may suggest exclusively the application of general custom—such as cases concerning collision on the high seas between ships of different countries, cases involving general principles of international law, cases …
Bridging Accountability Gaps—The Proliferation Of Private Military And Security Companies And Ensuring Accountability For Human Rights Violations, Amol Mehra
Global Business & Development Law Journal
No abstract provided.
The Principled Case For Employing Private Military And Security Companies In Humanitarian Interventions And Peacekeeping, Deane-Peter Baker, James Pattison
The Principled Case For Employing Private Military And Security Companies In Humanitarian Interventions And Peacekeeping, Deane-Peter Baker, James Pattison
Human Rights & Human Welfare
The possibility of using private military and security companies to bolster the capacity to undertake humanitarian intervention has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this paper considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? In particular, given a state’s duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers …
Balancing Canada - United States Security And Economic Competitiveness: The Great Lakes And St. Lawrence River, Douglas Mccreery, John E. Crowley Jr.
Balancing Canada - United States Security And Economic Competitiveness: The Great Lakes And St. Lawrence River, Douglas Mccreery, John E. Crowley Jr.
Canada-United States Law Journal
No abstract provided.
From Pariah To Partner-Russian-American Security Cooperation In The Artic Ocean, Dr. James Kraska
From Pariah To Partner-Russian-American Security Cooperation In The Artic Ocean, Dr. James Kraska
ILSA Journal of International & Comparative Law
The Obama administration seeks to push the "reset" button on Washington-Moscow relations.
The Thickest Grey: Assessing The Status Of The Civilian Response Corps Under The Law Of International Armed Conflict And The U.S. Approach To Targeting Civilians, Dan E. Stigall
American University International Law Review
No abstract provided.
None To Be Trusted: Israel's Use Of Cluster Munitions In The Second Lebanon War And The Case For The Convention On Cluster Munitions , Eitan Barak
American University International Law Review
Israel's extensive use of the Cluster Munitions in the 2006 Lebanon War provided a major impetus for drafting the 2008 Convention on Cluster Munitions (CCM). Israel, blamed for severe humanitarian post-conflict harm to civilians in South Lebanon, simultaneously faced an extensive diplomatic entanglement with the U.S. based on suspicions that Israel had violated U.S. legislation as well as a classified bilateral end-use agreement specifying the conditions of use of U.S.-made CMs. Relying on numerous sources, especially the recent declassified (June 2008) IDF's Military Advocate General's legal opinion into whether Israel's CM use complied with International Humanitarian Law (IHL) and the …
Is Gaza Occupied?: Redefining The Status Of Gaza Under International Law, Elizabeth Samson
Is Gaza Occupied?: Redefining The Status Of Gaza Under International Law, Elizabeth Samson
American University International Law Review
No abstract provided.
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
Way To A Safe, Secure & (And) Efficient Canada - United States Border, Dan Ujczo, Richard Gordon, Stephen E. Flynn
Way To A Safe, Secure & (And) Efficient Canada - United States Border, Dan Ujczo, Richard Gordon, Stephen E. Flynn
Canada-United States Law Journal
No abstract provided.