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Organizational Culture, Professional Ethics And Guantanamo, Gregory S. Mcneal Jan 2009

Organizational Culture, Professional Ethics And Guantanamo, Gregory S. Mcneal

Case Western Reserve Journal of International Law

No abstract provided.


Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton Jan 2009

Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty Jan 2009

Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty

Case Western Reserve Journal of International Law

No abstract provided.


International Law And The Torture Memos, Michael P. Scharf Jan 2009

International Law And The Torture Memos, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.


Sexual Violence: Standing By The Victim, Navanethem Pillay Jan 2009

Sexual Violence: Standing By The Victim, Navanethem Pillay

Case Western Reserve Journal of International Law

No abstract provided.


Combatants And The Combat Zone, Mary Ellen O'Connell Jan 2009

Combatants And The Combat Zone, Mary Ellen O'Connell

Journal Articles

This short essay discusses that definition as it emerged following September 11, 2001. The essay compares the Administration's definition with the definition of combatant found in international law. This essay will not discuss in any detail the additional-and even more questionable-claim by the Administration that certain persons designated "enemy combatants" enjoy neither U.S. nor international human rights or IHL rights or protections.8 Suffice it to say that no human being can be denied his or her fundamental rights-there are no legal black holes.


The Nobel Effect, Roger P. Alford Jan 2009

The Nobel Effect, Roger P. Alford

Journal Articles

For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or "norm cascades"), and norm internalization. As such, constructivism treats international law as a dynamic process in which "norm entrepreneurs" interact with state actors …


Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable Dec 2008

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable

University of the District of Columbia Law Review

Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …


A Larger War On Terror?, David Cole Dec 2008

A Larger War On Terror?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner Dec 2008

Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner

All Faculty Scholarship

This address has three principal points: (1) An overview of how we are going about internationalizing the law school curriculum today in the United States; (2) Whether we are making as much progress as we should and how learning from others is central to sustaining our progress such as it is; and (3) What some of the obstacles to such learning are.


The Responsibility To Protect And The Failure To Respond, Todd Landman Oct 2008

The Responsibility To Protect And The Failure To Respond, Todd Landman

Human Rights & Human Welfare

Commentators on global politics frequently observe the abject failure of states and global institutions to respond to local, regional, and global crises ranging from dramatic climatic events, humanitarian crises, warfare and violence, to the continuation of unsavoury rights-abusive regimes. In my own work in the field of the comparative politics of human rights, the types of observations that Abramowitz and Pickering make in this piece are all too common, and have led many in the past to make similar such observations that powerful states constantly engage in a grand human rights “double standard.”


The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies Oct 2008

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Introduction (Volume 84) Aug 2008

Introduction (Volume 84)

International Law Studies

No abstract provided.


The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr. Aug 2008

The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.

International Law Studies

No abstract provided.


Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein Aug 2008

Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.


Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie Aug 2008

Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie

International Law Studies

No abstract provided.


Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin Aug 2008

Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin

International Law Studies

No abstract provided.


The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen Aug 2008

The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen

International Law Studies

No abstract provided.


Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver Aug 2008

Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver

International Law Studies

No abstract provided.


The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns Aug 2008

The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns

International Law Studies

No abstract provided.


Full Volume 84: International Law And Military Operations (2008) Aug 2008

Full Volume 84: International Law And Military Operations (2008)

International Law Studies

No abstract provided.


The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet Jul 2008

The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet

University of Miami Inter-American Law Review

No abstract provided.


Oil And Remittances In The Middle East, Azza El-Sharabassy Jul 2008

Oil And Remittances In The Middle East, Azza El-Sharabassy

Graduate Program in International Studies Theses & Dissertations

This dissertation constructs a framework for understanding the determinants of remittances. It develops the effects of multiple macro economic variables in one area in the Middle East on the remittances flows and the future development of (another Arab neighboring country) Egypt. The framework will explore the relationship between oil prices and remittances from oil based economies (mainly Saudi-Arabia, Kuwait and the Arab Emirates) to a labor exporting country (Egypt). It also highlights the impact of multiple variables affecting the flow of remittances from labor exporting Arab countries: (1) Prices of oil. (2) Oil revenues. (3) Differentials in deposit interest rate …


A V. State Of Israel, Dorit Beinisch, Edmond E. Levy, Ayala Procaccia Jun 2008

A V. State Of Israel, Dorit Beinisch, Edmond E. Levy, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

Appeals challenging the decisions of the District Court who upheld the legality of the appellants’ arrests under the Internment of Unlawful Combatants Law 5762-2002 (hereinafter: the Act.) We are concerned with the private case of the appellants, residents of the Gaza Strip, who in 2002-2003 were arrested in an administrative arrest under the security legislation that applies in the strip, when as a result …


The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott Jun 2008

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang Jun 2008

The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang

Penn State International Law Review (1982 - 2011)

No abstract provided.


The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira Apr 2008

The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira

University of Miami International and Comparative Law Review

No abstract provided.


Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo Apr 2008

Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo

Michigan Law Review

Ever since its publication in 1929, Erich Maria Remarque's All Quiet on the Western Front has been regarded as a landmark of antiwar literature. Appearing a decade after the end of the First World War, the novel became a literary sensation almost overnight. Within a year of publication, it had been translated into twenty languages, including Chinese, and by April 1930, sales for twelve of the twenty editions stood at 2.5 million. Remarque was reputed to have the largest readership in the world. Hollywood took note, and an equally successful film appeared in 1930. The success of the novel was …


Generals In Three-Piece Suits—Contractors In Camouflage: A Critical Assessment Of Contractors In Iraq, Wyman E. Shuler Iii Apr 2008

Generals In Three-Piece Suits—Contractors In Camouflage: A Critical Assessment Of Contractors In Iraq, Wyman E. Shuler Iii

Graduate Program in International Studies Theses & Dissertations

Contractors compose part of the total force for U.S. warfare capability in Iraq.

Some augment U.S. warfare capability; others do not. Some of the contractors are controlled by the military; others are controlled by civilian (nonmilitary/political) government agencies. The problem: Who are the contractors and how has the nature of government oversight and control over contractors determined whether contractor contributions augment or diminish U.S. warfare capability in the Iraq War?

Argument: It is the degree of government control over contractors that determines whether the contractors' contributions have a positive or negative impact on warfare capability. Ultimately the findings support …


The Future Of International Criminal Justice, Georgetown University Law Center Mar 2008

The Future Of International Criminal Justice, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 19, 2008, the Honorable Richard Goldstone, former justice on the Constitutional Court of South Africa, delivered the Georgetown Law Center’s twenty-eithth Annual Philip A. Hart Memorial Lecture: "The Future of International Criminal Justice."

Goldstone graduated from the University of the Witwatersrand with a BA LLB cum laude in 1962. After graduating, he practiced as an advocate at the Johannesburg Bar.

In 1976 he was appointed senior counsel and in 1980 was made a judge of the Transvaal Supreme Court. In 1989 he was appointed to the Appellate Division.

From 1991 to 1994 he served as the chairperson of …