Digital Commons Network^™

From Darfur To Sinai To Kashmir: Ethno-Religious Conflicts And Legalization, Sandeep Gopalan

Buffalo Law Review

No abstract provided.

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.

International Courts And Tribunals, Lee M. Caplan, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Cesare P.R. Romano

Faculty Publications

This article summarizes significant developments in 2006 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the Permanent Court of Arbitration, the Iran-U.S. Claims Tribunal, the Eritrea-Ethiopia Claims Commission, and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. This article covers the period of activity from December 1, 2005, to November 30, 2006.

Missing The Point, Colin Thomas-Jensen

Human Rights & Human Welfare

“What would happen if we thought of Darfur as we do of Iraq, as a place with a history and politics—a messy politics of insurgency and counterinsurgency?” (§4). This is the most telling question posed by Professor Mahmood Mamdani in “The Politics of Naming: Genocide, Civil War, Insurgency.” The implication is that the growing public demand for strong international action—military or otherwise—to halt the atrocities in Darfur is somehow unwarranted because people have failed to understand that the systematic crimes against humanity committed against civilians in Darfur (and indeed Iraq) are an inevitability of “the messy politics of insurgency and …

Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Mahmood Mamdani is right to complain that the American—and international—public is unaware of the political complexity of the Darfur conflict. He is also right to point out that selective or inconsistent uses of the terms “genocide,” “civil war,” and “insurgency” can mask covert, or even overt, political agendas. His comparison of Darfur to Iraq is telling. And he is right to point out that even with the best of humanitarian intentions, the presentation of a simplified version of Darfur, in which “Arabs” persecute “Africans,” can play into the “war on terror,” insofar as, in the minds of at least some …

Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman

Undergraduate Theses and Capstone Projects

This paper examines immigration legislation throughout the history of the United States. The author has divided the focus of legislative activity into four main eras: the Laissez- Fair Era (1789-1875), the Anti-Asian Era (1876-1920), the National Origin Quotas Era (1921-1953), and the Illegal Immigration Era (1954-present). While these eras are not all inclusive, they are indicative of the main focus of legislation passed during their time. The author then compares the impact of major legislation passed during these eras to three current proposals aimed at addressing the increasing issue of illegal immigration: two versions of a guest-worker program and amnesty/legalization …

Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom

San Diego International Law Journal

With the end of the Cold War-the principal international political framework that shaped the international system since the end of WWII-an increasing number of global tensions have arisen which have brought to the fore questions about the ability of existing international law to provide a guiding framework for state behavior. Debates over the limits of state sovereignty, the appropriateness of humanitarian intervention, the justness of pre-emptive war, the definition of self-defense, the legality of replacing a government in the interests of your ideals, and how to deal with terrorism have dominated discussions around the world. Moreover, these discussions have caused …

Communications Theory And World Public Order: The Anthropomorphic, Jurisprudential Foundations Of International Human Rights, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

This Article seeks to integrate different strains of knowledge and enlightenment from contradictory and often contentious jurisprudential perspectives. Our approach is to use elements of modern jurisprudence as tools and markers for a more adequate description and intellectual justification of the foundations of modern human rights law. This focus integrates existing literature that surveys law-making outside the context of the State, including the law of non-State groups, such as Jewish Law and Gypsy Law. It also examines the relevance of communications theory to law generated (in a functional sense) by individual interaction on a face-to-face basis (which Professor Harold Lasswell …

The Structure Of The Asymmetric Tax Treaty Network: Theory And Implications , Eduardo A. Baistrocchi

ExpressO

Certain parts of the international tax system are largely unexplored from a structural perspective. One prominent example is the asymmetric tax treaty network, i.e., the network that consists of bilateral tax treaties concluded between developed and emerging countries on the basis of the OECD Model Tax Convention on Income and on Capital (OECD model). The relative size of this network is substantial. For instance, the United States´ asymmetric tax treaty network represents about 53% of its entire tax treaty network. This Article offers a structural analysis of the asymmetric tax treaty network. It answers two fundamental questions. First, it elaborates …

Judicial Review And The War On Terror, John C. Yoo

ExpressO

This article examines the role of the federal courts in the war on terrorism, and contrasts the different judicial roles in reviewing decisions about the conduct of war abroad and within the United States. It explains that judicial refusal to adjudicate questions concerning the initiation and conduct of the war abroad is consistent with a narrow view of judicial review and the political question doctrine. Because the Constitution allocates different war powers to the President and Congress, allowing them to shape warmaking through the interaction of these powers, there is no single, constitutionally-required process for making war that requires judicial …

The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani

ExpressO

The assaults on Fallujah by the United States military in April and November 2004 involved the use of white phosphorus. White phosphorus has extremely damaging effects on the health of victims, including severe burns and irritation of the respiratory system. This article examines whether the use of white phosphorus was a violation of the Chemical Weapons Convention, Protocol III to the Convention on Conventional Weapons and international humanitarian law. It concludes that the use of white phosphorus was illegal as it could be argued to be a chemical weapon, a riot control agent, or incendiary weapon. Furthermore, the methods and …

Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen

ILSA Journal of International & Comparative Law

The theme of our presentation is "Military Jurisprudence: Bastion of Conservatism or Progressive Problem Solver."

Targeted Killings And The Soliders' Right To Life, Solon Solomon

ILSA Journal of International & Comparative Law

Targeted killings are a major, albeit controversial, policy in the modern war against terror.

Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss

Faculty Scholarship

International labor standards are among the oldest international standards pertaining to the conduct of private, as well as public, economic actors. Far from being settled, however, nearly every aspect of the current international labor standards regime is in flux: the role of labor standards in the international legal, economic, political, and social order, as well as in the parallel domestic orders; the modes by which standards are brought into being; the manner and means of their implementation and enforcement; the degree to which they may be binding solely on nation-state parties, and enforceable only at their behest; and the extent …

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Torts And Terror: Rethinking Deterrence Models And Catastrophic Terrorist Attack, James Kraska

American University International Law Review

No abstract provided.

Filling The Void: International Legal Structures And Political Risk In Investment, Molly Zohn

Fordham International Law Journal

This Article is broken into five sections. Part I defines political risk. Part II provides a brief review of the academic literature showing the work that has been done in this area of law. Part III argues that there have indeed been oscillations in the degree of political investment risk in the world and explains that investment risks rise when changes in the world power structure cause temporary power vacuums. Once new institutions emerge for the protection of investments, the level of risk declines. Part IV discusses the current trend, in which the world is witnessing the emergence of a …

Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun

Fordham International Law Journal

This article will examine the complex relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of the use of child-soldiers. Part II will examine the international and domestic laws and instruments that protect against the use of children as soldiers. Part III will examine some literary representations of the crime of child soldiering in order to raise the readers' awareness of the depths of this atrocity. Part IV will conclude by offering practical suggestions and economic solutions to make these legal instruments more effective. Children are humanity's most valuable …

Proving State Responsibility For Genocide: The Icj In Bosnia V. Serbia And The International Commission Of Inquiry For Darfur, Ademola Abass

Fordham International Law Journal

This Article discusses the Bosnia v. Serbia case and the Darfur Inquiry and asks whether, in coming to their respective decisions on Serbia and Sudan's responsibilities, the ICJ and the ICID did all that was required of them, especially under the law of State responsibility. This Article first considers whether, despite striking similarities in the circumstances of Darfur and Srebrenica, the ICID's decision that genocide did not occur in Darfur is credible, defensible and could withstand legal analysis under international law. The analysis here juxtaposes the ICID's findings with the ICJ's decision on the Srebrenica genocide.

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Fordham International Law Journal

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson

American University International Law Review

No abstract provided.

The Unresolved Equation Of Espionage And International Law, A. John Radsan

Michigan Journal of International Law

This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …

Speech: Modern War And Modern Law, David Kennedy

University of Baltimore Law Review

Warfare has become a legal institution. Law organizes and disciplines the military, defines the battlespace, privileges killing the enemy, and offers a common language to debate the legitimacy of waging war — down to the tactics of particular battle. At the same time, law is no longer a matter of firm distinctions — combatant and non-combatant, war and peace. It has become a flexible and strategic partner for both the military and for humanitarians seeking to restrain the violence of warfare. The relationship between modern war and modern law is made all the more complex by today's asymmetric conflicts, and …

Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison

War Crimes Memoranda

No abstract provided.

The Scope Of Military Necessity, Lydia Bakaki

War Crimes Memoranda

No abstract provided.

What Was Saddam’S Status When He Was In United States Custody At The Request Of The Iraqi Government? Does The Characterization Of The Conflict Affect Saddam's Status As A Detainee? Can A Prisoner's Status Change Over Time, And If So, How?, Robert C. Bliss

War Crimes Memoranda

No abstract provided.

International Water Disputes: How To Prevent A War Over The Nile River, Lee A. Laudicina

Loyola University Chicago International Law Review

No abstract provided.

Botswana's Success In Balancing The Economics Of Hiv/Aids With Trips Obligations And Human Rights, Beata Guzik

Loyola University Chicago International Law Review

No abstract provided.

Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.