Digital Commons Network^™

Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.

Boxed In - Semantic Indifference To Atrocity, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

Legal Issues In Coalition Warfare: A Us Perspective, Charles Dunlap

International Law Studies

No abstract provided.

Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen

Books

Contains papers submitted at a workshop sponsored by the William B. Ruger Chair of National Security Economics, Newport, Rhode Island 6-8 November, 2006.

Modern Weaponary And Warfare: The Application Of Article 36 Of Additional Protocol I By Governments, Marie Jacobsson

International Law Studies

No abstract provided.

Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force

International Law Studies

No abstract provided.

Coaltion Warfare: Challenges And Opportunites, Dale G. Stephens

International Law Studies

No abstract provided.

The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.

Essay: Special Operations Forces And War Crimes By Guerillas, Gregory R. Bart

ExpressO

No abstract provided.

The Relative Universality Of Human Rights (Revised), Jack Donnelly

Human Rights & Human Welfare

© Jack Donnelly. All rights reserved.

This article is forthcoming in Human Rights Quarterly.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen

International Law Studies

No abstract provided.

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.

The International Review | 2006 Fall, Michael Rhee

The International Review Newsletter

No Investigation of Coalition Forces in Iraq

Bolivia: A Lot of Gas for Partial Takeover?

More Limits on Conducting the “War on Terror”?

Enforcing Your Right to Contact a Consulate?

More Scrutiny for Foreign Investors?

Programmers to Receive Benefits

A Lumbering Trade Dispute Ends

Antartica a Foreign Country? It Depends.

Tracking Your Cybersteps in Europe

Insult Laws Still Threatening Basic Liberties?

Lack of Hospitality in Mexico City?

Global Trade Talks Suspended

Membership Obligations v. Arab-Israeli Conflict

New Human Rights Body and Its Membership

United Nations: Curbing the Right to Bear Arms?

Human Trafficking Concerns

Giving Security to Securities

Touch a …

Toward A New Economic Constitution: Judicial Disciplines On Trade Politics, Sungjoon Cho

ExpressO

This article first observes that protectionism is an icon of trade politics and thus likely to gather fresh momentum as a domestic election approaches. The paper then problematizes protectionism beyond mere seasonal election politics by revealing its fatal pathologies both to the United States and to the rest of the world. Protectionism basically caters to the special interest at the expense of the larger public interest, which may be coined as a Madisonian constitutional failure. It also deviates from global trading norms, which the United States hypocritically continues to preach adherence to for the rest of the world. This double …

Unmasking Extraordinary Renditions In The Context Of Counter-Terrorism, James M. Gallen

ExpressO

This Article will show that the term “extraordinary rendition” is of short legal history and that its conception perverts a number of basic international law principles. In doing so, it will be shown that this process is a method counter-productive to long terms goals in the War on Terrorism.

We can conclude therefore that both “rendition to justice” and “extraordinary rendition” bear little resemblance to the traditional use of the terms rendition or extradition - the recognised, legal methods of transferring a suspect of a criminal offence from one State to another.

[T]he protections of an extradition Treaty and the …

The Right To Self-Determination And Statehood: The Case Of Kosovo, Besfort Rrecaj

ExpressO

Introduction To explore self-determination is, in the words of Antonio Cassese”, a way of opening a veritable Pandora’s Box.” Indeed, the historical evolution of the concept reveals that it has been subjected to ambiguity, misconception and contradictory application. Over the years, it was redefined and re-applied on the basis of the interests of particular states. More recent events, namely the dissolution of the USSR and Yugoslavia, have given a new perspective to the meaning of self-determination. In this post Cold War era, greater attention is being paid to the enforcement of human rights and with it, a broader understanding of …

Analysis Of Certain Aspects Of The “Long-Term Legal Strategy Project For Preserving Security And Democratic Freedoms In The War On Terrorism” Report In Light Of Customary International Law, Michael P. Hatchell

ExpressO

No abstract provided.

Establishing A Precedent In Uganda: The Legitimacy Of National Amnesties Under The Icc, Robin B. Murphy

ExpressO

After 14 years of unconscionable wrath against local civilians, including enforced recruitment of thousands of child soldiers, the rebel group The Lord’s Resistance Army (“LRA”) was offered amnesty by the Ugandan government in 2000. However, as the conflict continued unabated, the Ugandan government, for the first time in the history of the Court, referred its case to the International Criminal Court (“ICC”). The ICC Prosecutor announced the beginning of an investigation and issued warrants for seven top LRA officers in October of 2005. The potential ICC prosecution raises many questions about the jurisdiction of the new court, including whether the …

Developing Development Theory: Law & Development Orthodoxies And The Northeast Asian Experience, John K.M. Ohnesorge

ExpressO

None of the orthodox theories about law and economic development produced in recent decades has been based on a study of the "miracle" economies of Northeast Asia, nor have any of these orthodoxies seriously been tested against the Northeast Asian experience of law and development. This article conducts such a test, finding that none of these orthodoxies fares well when its claims are tested against the Northeast Asian experience. Rather than using Northeast Asia's experience to produce yet another orthodoxy, however, this article instead proposes rethinking how we understand the task of legal technical assistance, a rethinking which is based …

The Minuteman Project, Gone In A Minute Or Here To Stay? The Origin, History And Future Of Citizen Activism On The United States-Mexico Border, Peter Yoxall

University of Miami Inter-American Law Review

No abstract provided.

Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer

All Faculty Scholarship

To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …

The Unique And Protected Status Of Hospital Ships Under The Law Of Armed Conflict, D.L. Grimord, G.W. Riggs

International Law Studies

No abstract provided.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.