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The Third Annual Grotius Lecture: Just War And Humanitarian Intervention, Jean Bethke Elshtain

American University International Law Review

No abstract provided.

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

Was Genocide Committed In Bosnia And Herzegovina? First Judgments Of The International Criminal Tribunal For The Former Yugoslavia, William A. Schabas

Fordham International Law Journal

There are to date some six significant judicial pronouncements dealing with the interpretation and application of article 4--genocide - of the ICTY Statute: two Rule 61 hearings; the Trial Chamber rulings in Jelisic, Krstic, and Sikirica; and the Appeals Chamber decision in Jelisic. In the course of these judgments, the ICTY has made important pronouncements about the actus reus of genocide, the nature of the protected groups, the quantitative dimension of the crime, and the concept of intent.

It is now nearly a decade since international justice began examining whether genocide was committed in Bosnia. Astonishingly, the really big question-and …

Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh

War Crimes Memoranda

No abstract provided.

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

UC Law SF International Law Review

No abstract provided.

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

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

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Conflict Prevention, Management, And Resolution: Africa--Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt

Journal Publications

This Article seeks to examine the preparedness of certain African regional actors to protect displaced persons in times of armed conflict, and to prescribe formulas to strengthen the capabilities of such actors. The objective is to assess the conflict maintenance capacities of African regional actors and their partners to provide physical and legal protection to displaced persons in times of armed conflict, and likewise to recommend strategies to increase protection.

Keynote Address, Stuart Eizenstat

Fordham International Law Journal

Keynote address given by the Clinton Administration's leader on Holocaust-era issues as Special Representative of the President and Secretary of State. The address covered the details of major agreements with the Swiss, Germans, Austrians, and French concerning monetary restitution. The adddress provides an overview of the development of a push in the U.S. to take on the Swiss banks on behalf of Holocaust survivors and their heirs.

A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin

Vanderbilt Journal of Transnational Law

This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.

The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …

International Law And The Problem Of Evil, A. Mark Weisburd

Vanderbilt Journal of Transnational Law

In response to recent violations of human rights, some within the international legal community have called not only for intervention but for the establishment of an international court with jurisdiction to hear claims against persons alleged to have committed those violations. This Article questions the premise that it is necessary, or even desirable, for the international legal community to mandate intervention in such circumstances.

First, the Article examines the authority for international intervention to forestall massive human rights violations. Using the recent examples including Kosovo and East Timor, the Author compares scholarly responses with respect to both the human rights …

Self-Determination: Chechnya, Kosovo, And East Timor, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

Hindsight always appears better than foresight. Hopefully, the reexamination of past events will provide lessons for the future. Recent media reports have analyzed the genocide in Rwanda and blamed France, the United States, and the UN Security Council for their failures to take steps that might have prevented or stopped the atrocities. Academic studies also argue how the atrocities in Chechnya, Kosovo, and East Timor may have been prevented or stopped by the United Nations or others in the international community. Such analyses are for international relations authorities and military experts. As an international lawyer, I am reluctant to tread …

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Journal Articles

United States courts have only incomplete and uneven jurisdiction, most acquired piecemeal and only in recent years, to prosecute genocide, war crimes and crimes against humanity committed outside our borders. Recent developments in international law and practice-especially the heightened commitment of democracies including the United States to end impunity for atrocities, and the imminent prospect of a permanent International Criminal Court (ICC) with worldwide jurisdiction-suggest the need to expand and rationalize the jurisdiction of U.S. courts to make it coextensive with that of the ICC.

It now appears all but certain that the ICC will come into being in the …

Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn

American Indian Law Review

No abstract provided.

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Humanitarian Assistance In Non-International Armed Conflict: The Fourth Wave Of Rights, Duties And Remedies, Mary Ellen O'Connell

Journal Articles

The international community is in the midst of a fourth wave of legal development with regard to the rights, duties and remedies associated with humanitarian assistance to victims of non-international armed conflict. This wave is part of a larger development affecting most aspects of international law at the beginning of the 21st century. International actors, in particular, non-governmental organizations (NGOs), have challenged the accepted categories of international law in almost all fields, including international humanitarian law. In international humanitarian law, NGOs are primarily challenging the traditional requirements of neutrality and consent in the distribution of emergency aid to victims of …

"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado

Indiana Journal of Global Legal Studies

No abstract provided.

The Magic Of Baseball (Keynote Lecture), Roberto Gonzalez Echevarria

Indiana Journal of Global Legal Studies

No abstract provided.

The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt

International Law Studies

No abstract provided.

Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne

International Law Studies

No abstract provided.

International Humanitarian Law From Agincourt To Rome, Theodor Meron

International Law Studies

No abstract provided.

International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood

International Law Studies

No abstract provided.

Table Of Contents (Volume 75)

International Law Studies

No abstract provided.

Chivalry In The Air? Article 42 Of The 1977 Protocol I To Geneva Conventions, Robbie Sabel

International Law Studies

No abstract provided.

Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger

International Law Studies

No abstract provided.

The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin

International Law Studies

No abstract provided.

Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks

International Law Studies

No abstract provided.

The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald

International Law Studies

No abstract provided.