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Articles 2041 - 2070 of 3139

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Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon Jan 2003

Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon

Fordham International Law Journal

This Article is concerned with one key aspect of the law of the military jihad: the Islamic concept of martyrdom [shahada or istishhad]. This Article will demonstrate that the current Islamist financing and systematic organization and direction of self-annihilatory acts of violence is only weakly supported, if at all, by the classical sources on martyrdom in Islamic law and jurisprudence. The Article will show that current justifications for self-annihilatory violence are instead the result of a major reinterpretation of the theology and religious law on martyrdom and the military jihad advanced by Shi'ite theologians and jurists in Iraq and Iran …

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Terrorism, Development & Trade: Winning The War On Terror Without The War, Kevin J. Fandl Jan 2003

Terrorism, Development & Trade: Winning The War On Terror Without The War, Kevin J. Fandl

American University International Law Review

No abstract provided.

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Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jan 2003

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

American University International Law Review

No abstract provided.

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Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

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Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams Jan 2003

Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams

Case Western Reserve Journal of International Law

No abstract provided.

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The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King Jan 2003

The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King

ILSA Journal of International & Comparative Law

On September 11, 2001, a network of terrorists hijacked four commercial airliners and crashed them into the World Trade Center and Pentagon, killing and injuring thousands of Americans, as the world watched in shock and disbelief.

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Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson Jan 2003

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental norms are observed because they are norms about how people respect each other and the natural systems that sustain human communities. Environmental norms are basic to human well-being. They arise out of the human condition, not unlike human rights laws. Environmental norms emerge from the fact that humans exist within ecosystems, and human society is embedded in the natural systems in which they have evolved; environmental norms are grounded in an objective reality, and scientists can measure the consequences of observing--or failing to observe--those norms. The provisions of environmental norms, therefore, exist not merely as pronouncements of governments, applied …

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Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff Jan 2003

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …

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Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown Jan 2003

Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown

UC Law SF International Law Review

Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …

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The Cracked Foundations Of The Right To Secede, Donald L. Horowitz Jan 2003

The Cracked Foundations Of The Right To Secede, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

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A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin Jan 2003

A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin

War Crimes Memoranda

No abstract provided.

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Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair Jan 2003

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.

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Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox Jan 2003

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

War Crimes Memoranda

No abstract provided.

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The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar Jan 2003

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

War Crimes Memoranda

No abstract provided.

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Manipulating International Criminal Procedure: The Decision Of The Icty Office Of The Independent Prosecutor Not To Investigate Nato Bombing In The Former Yugoslavia, Anthony J. Colangelo Jan 2003

Manipulating International Criminal Procedure: The Decision Of The Icty Office Of The Independent Prosecutor Not To Investigate Nato Bombing In The Former Yugoslavia, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

No abstract provided.

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Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez Jan 2003

Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez

Michigan Journal of International Law

Review of Globalization and Its Discontents by Joseph E. Stiglitz

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Kosovo: Virtual War And International Law, Aaron Schwabach Jan 2003

Kosovo: Virtual War And International Law, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

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Volume 3, Issue 2, Sustainable Development Law & Policy Jan 2003

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

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The Participation Of States And Citizens In Global Governance, Saskia Sassen Jan 2003

The Participation Of States And Citizens In Global Governance, Saskia Sassen

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

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Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach Jan 2003

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

Indiana Journal of Global Legal Studies

No abstract provided.

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The Democratization Process And Structural Adjustment In Africa, Muna Ndulo Jan 2003

The Democratization Process And Structural Adjustment In Africa, Muna Ndulo

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

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Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler Jan 2003

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler Jan 2003

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Anticipatory Self-Defence Under International Law, Leo Van Den Hole Jan 2003

Anticipatory Self-Defence Under International Law, Leo Van Den Hole

American University International Law Review

No abstract provided.

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The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff Jan 2003

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …

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The Role Of International Law In The Kashmir Conflict, Brian Farrell Jan 2003

The Role Of International Law In The Kashmir Conflict, Brian Farrell

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf Jan 2003

Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf

Faculty Publications

This piece is the second in a trilogy of three simultaneously published articles in the Denver Journal of International Law that examine the emerging doctrine of "earned sovereignty," a concept that seeks to reconcile the principles of self-determination and humanitarian intervention with the principles of sovereignty and territorial integrity. This article sets forth the legal underpinnings for the doctrine, while the other two articles in the trilogy provide its policy foundations, and apply the doctrine to several modem case studies. Together, the three articles are the product of the Public International Law and Policy Group's "Intermediate Sovereignty Project," sponsored by …

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The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

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Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley Jan 2003

American Courts-Martial For Enemy War Crimes, Tara Lee Jan 2003

American Courts-Martial For Enemy War Crimes, Tara Lee

University of Baltimore Law Review

No abstract provided.

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