Digital Commons Network^™

War For Sale! Battlefield Contractors In Latin America & The 'Corporatization' Of America's War On Drugs, Kristen Mccallion

University of Miami Inter-American Law Review

No abstract provided.

The North Korean Nuclear Crisis: Past Failures And Present Solutions, Morse Tan

ExpressO

North Korea has recently announced that it has developed nuclear weapons and has pulled out of the six-party talks. These events do not emerge out of a vacuum, and this article lends perspective based on an interdisciplinary lens that seeks to grapple with the complexities and provide constructive approaches based on this well-researched understanding. This article analyzes political, military, historical, legal and other angles of this international crisis.

Past dealings with North Korea have been unfruitful because other nations do not recognize the ties between North Korean acts and its ideology and objectives. For a satisfactory resolution to the current …

Authorizations For The Use Of Force, International Law, And The "Charming Betsy" Canon, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This Article seeks to clarify one important aspect of that relationship: the role of international law in determining the scope of Congress's general authorizations for the use of force. In the seminal case of Hamdi v. Rumsfeld, the plurality opinion used international law to interpret the authorization by Congress for the use of force, but did so without adequate attention to the content or interpretive function of international law. This …

Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson

ExpressO

This book review timely examines Cornel West’s latest sequel to his 1992 best seller, Race Matters. In Democracy Matters, West unflinchingly examines the waning of democratic energies and nihilistic practices of private and public sector in our present age of democracy. This review takes a critical examination of the logic underpinning West’s arguments, his nomenclature of various nihilism plaguing our society, the sometimes clumsy employment of literary devices and his thesis regarding the ‘niggerization’ of America after 9/11 that can serve as a basis for unifying collective action against imperialism. West makes a compelling argument that the public needs to …

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.

Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

This article presents and compares data collected in Argentina and the United States during each country's initial experience with court-connected mediation.

Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell

ILSA Journal of International & Comparative Law

This paper provides a comparative framework to analyze the extent to which five major democracies Canada, United Kingdom, Australia, Germany, and France-incorporated the subject matter jurisdiction Articles of the Rome Statute of the International Criminal Court ("Rome Statute") through their domestic legislative processes while ratifying the Rome Statute, and what, if anything, the United States can interpret from the five distinct approaches.

The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley

Syracuse Journal of International Law and Commerce

The working group was charged with exploring virtually all facets of democracy and the rule of law, as they pertain to established constitutional democracies, societies undergoing "transitions to constitutional democracies," and those societies where democracy remains little more than a hopeful wish. Papers and much of the discussion during the two days probed beneath the structural formalities that are obvious and important requisites of democracy, to explore the subtexts of and cultural conditions for democracy and the rule of law, those features that may be so taken-for-granted that they usually go unacknowledged, let alone unexplored in discussion of democratic theory. …

Edited And Excerpted Transcript Of The Symposium On Injury As Cultural Practice, University Of The Pacific, Mcgeorge School Of Law

Global Business & Development Law Journal

No abstract provided.

Dulce Et Decorum: The Unique Perception Of Chemical Warfare And The Enforcement Of The Geneva Protocol In The 21st Century, Catherine Joyce

Global Business & Development Law Journal

No abstract provided.

Grand Bargain Or Grand Illusions? - Trade, Finance, And Security Challenges, William A. Lovett

Global Business & Development Law Journal

No abstract provided.

To Reconcile, Or To Be Reconciled?: Agency, Accountability, And Law In Middle Eastern Conflicts, Laurie King-Irani

UC Law SF International Law Review

No abstract provided.

A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay addresses the conditions under which reactive and pre-emptive military intervention are ethical, and whether adjustments can and should be made in international law and institutions to establish the parameters of their legality and to ensure that they are authorized by legitimate authority.

Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell

Syracuse Journal of International Law and Commerce

Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …

Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

"We Are The World" - Or Are We? The United States' Conflicting Views On The Use Of International Law And Foreign Legal Decisions, Hadar Harris

Human Rights Brief

No abstract provided.

Terrorists, Warlords, And Thugs , David M. Crane

American University International Law Review

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Averting Nuclear Terrorism: Building A Global Regime Of Cooperative Threat Reduction, James C. Kraska

American University International Law Review

No abstract provided.

Islam, The Law Of War, And The U.S. Soldier, Manuel E.F. Supervielle

American University International Law Review

No abstract provided.

Conflict Of Laws Analyses For The Era Of Free Trade, Andrew J. Walker

American University International Law Review

No abstract provided.

Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß

Michigan Journal of International Law

It is thus the aim of this Article to map out the international legal framework relevant for designing countermeasures against nonstate actors who convert civil aircraft into weapons of destruction. As a first step, this Article sketches out the applicable rules relating to international civil aviation security and highlights the dichotomy between nonstate actor threats and interstate threats at the base of these rules. As will be seen below, nonstate actors abusing civil aircraft as weapons of destruction is a new challenge not only in terms of destructive quality but also in a legal sense, in that the question of …

The Impact Of Hiv On The Rape Crisis In The African Great Lakes Region, Jennifer M. Hentz

Human Rights Brief

No abstract provided.

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

Be Reasonable! Thoughts On The Effectiveness Of State Criticism In Enforcing International Law, Michael Y. Kieval

Michigan Journal of International Law

This Note examines the effectiveness of diplomatic criticism in enforcing international law, particularly in the counter-terrorism (or anti-insurgency) context. It is not concerned with determining what international law does or does not "in fact" allow States to do in combating terrorism and other existential threats.

Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique Eaglewoman

Faculty Scholarship

This article examines one tribal nation as an example of the many land loss issues facing Tribes at present. Through the example of the Sisseton-Wahpeton Oyate history of treaties, agreements, land cessions, and finally a federal ruling of reservation disestablishment, the policies of the United States regarding Indian lands will be shown. To reestablish the territorial boundaries of the Sisseton-Wahpeton Oyate, federal recognition is necessary in the United States. International law principles from the United Nations, the International Labor Organization, and the Organization of American States may provide legal support for the re-recognition of the reservation boundaries.

The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams

University of Miami International and Comparative Law Review

No abstract provided.

Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson

War Crimes Memoranda

No abstract provided.