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Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman

Michigan Law Review

In The Hague, Slobodan Milosevic is on trial for crimes committed in Bosnia, Kosovo and Croatia; in Arusha, Tanzania, Jean Paul Akayasu, a Rwandan bourgmestre, was convicted of genocide; in London, Augusto Pinochet was detained and adjudged amenable to an arrest warrant issued by a Spanish magistrate for acts of torture carried out in Chile; in Belgium, a Hutu Roman Catholic former mother superior was convicted of complicity in the Rwandan genocide; and in Rome a treaty was signed commencing the process that will result in the creation of the International Criminal Court ("ICC"). All these events underscore the startling …

The Adequacy Of International Law For Arms Control – Post Sept. 11: Arms Control And Nonproliferation, Antonio F. Perez

Scholarly Articles

Arms control was never an end in itself. Arms control and nonproliferation policy always had as their goals increasing international security. It may be worth recalling that, in response to having it called to his attention that he had changed his views on a matter, Lord Keynes is widely reported to have quipped, "When the facts change, what do you do?" Indeed, as Lord Keynes also once said, "There is no harm in sometimes being wrong-especially if one is promptly found out."

The question for this panel is whether the sea change in strategic thinking reflected in the arms control …

Clinton's Foreign Policy And The Politics Of Intervention: Cases Of Ethnic Cleansing And Democratic Governance, Daneta G. Billau

Graduate Program in International Studies Theses & Dissertations

This dissertation examines the sources of U.S. President Bill Clinton's foreign policy, with special attention to understudied political elements of intervention. The basis of this study is the Clinton Doctrine, in which Clinton opposed ethnic cleansing, and supported democratic governance worldwide. The primary research question asks to what extent and why was there a variation in Clinton's application of his own doctrine in the specific cases of Rwanda in 1994, Haiti in 1994, and East Timor in 1999. To address this question, the following five hypotheses are posited:

H1: The more vital interests are at stake, and the closer the …

Neutralizing The Threat: Reconsidering Existing Doctrines In The Emerging War On Terrorism, Frank A. Biggio

Case Western Reserve Journal of International Law

No abstract provided.

The Legacy Of Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

A View From 40,000 Feet: International Law And The Invisible Hand Of Technology, Colin B. Picker

Cardozo Law Review

No abstract provided.

The Prometheus Principle: Using The Precautionary Principle To Harmonize The Regulation Of Genetically Modified Organisms, John S. Applegate

Indiana Journal of Global Legal Studies

No abstract provided.

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …

Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach

Law Faculty Scholarship

This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will …

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

"An Eye Single For Righteousness", Mark Sidel

Michigan Law Review

In an era in which American internationalism has once again met American empire on the field of law and politics, Henry Wallace's life and work are instructive. Wallace, one of the great internationalists of his era, was Secretary of Agriculture, Secretary of Commerce, Vice President under Franklin D. Roosevelt, the 1948 presidential nominee of the Progressive Party, and founder of Pioneer Hy-Bred, for decades the world's dominant hybrid seed company (pp. 82, 90). John Culver and John Hyde's new biography of Wallace brings this life before a newer generation of Americans concerned with America's place in the law and political …

Globalization And The Nation State, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

15 pages.

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.

William & Mary Law Review

No abstract provided.

The International Legal Adjudication Of The Crime Of Genocide, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

Andreopoulos notes that no crime matches genocide in the moral opprobrium that it generates.

The World Court And The Bomb: Nuremberg And Babel At The Hague, Gaillard T. Hunt

ILSA Journal of International & Comparative Law

On July 8, 1996, the World Court, the International Court of Justice at the Hague, banned the bomb.

Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron

UC Law SF International Law Review

The World Trade Organization (WTO) administers, enforces, and decides international trade disputes by establishing uniform rules of trade engagement designed to minimize trade wars. Countries that fail to abide by the WTO rules can be taken to the WTO courts and face eventual sanctioned retaliation. Without such rules, global economic competition can be as fierce as the most devastating battle and, as history has shown, can be the catalyst for war.

This Article examines the United States' alleged disregard of the WTO uniform trade rules through the use of foreign sales corporations, and how this tax regime almost ignited an …

Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair

UC Law SF International Law Review

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf

ILSA Journal of International & Comparative Law

The problem of defining "terrorism" has vexed the international community for years.

International Legal Regimes And The Incidence Of Interstate War In The Twentieth Century: A Cursory Quantitative Assessment Of The Associative Relationship, William C. Bradford

American University International Law Review

No abstract provided.

Pointing The Finger: Civilian Casualties Of Nato Bombing In The Kosovo Conflict, Tania Voon

American University International Law Review

No abstract provided.

Assault On Sovereignty: The Clear And Present Danger Of The New International Criminal Court, Guy Roberts

American University International Law Review

No abstract provided.

Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova

Fordham International Law Journal

Snapshot of the state of asylum seekers' rights in the United States and the UK at the time it was written. It provides an overview of U.S. and UK obligations to asylum seekers under international human rights law. The Comment also discusses the basics of U.S. and UK domestic law and procedure relevant to claims for asylum. The author advocates that the United State and the UK adopt a comprehensive approach to preserve asylum seekers' rights and concludes that domestic law should not become a pretext for human rights violations of asylum seekers in the post-September 11th world.

Kosovo And The Limits Of International Law, David Wippman

Fordham International Law Journal

This article examines the legality and wisdom of the North Atlantic Treaty Organization (“NATO”) intervention in Kosovo in 1990. The Kosovo campaign pushed at the boundaries of international law in at least two important respects. First, NATO's decision to engage in large-scale military action without prior Security Council authorization raised significant doubts about the status of the law governing the use of force and the viability of United Nations (“U.N.”) primacy in matters of international peace and security. Second, NATO's high-altitude bombing campaign, conducted without a single NATO combat casualty but with significant civilian casualties within the FRY, called into …

Immigration At The Turn Of The New Century, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …

Certain Legal Questions Raised By The Septermber 11th Attacks, Robert K. Goldman

Human Rights Brief

No abstract provided.

Politics And Human Rights In International Criminal Law: Our Case Against Nato And The Lessons To Be Learned From It, Michael Mandel

Fordham International Law Journal

This article outlines the case against NATO as having committed war crimes that the author believes should have been tried before the ICTY. The author argues that by not subjecting countries like the United States and other NATO members to international criminal trials and consequences, it undermines international criminal law. The author concludes by discussing the ICC and the United States qualified signing of, and suggested withdrawal from, the treaty and the ramifications that it has for the legitimacy of international criminal law.