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International Law

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Chapter I: Legal Divisions Of The Oceans And Airspace Jun 1999

Chapter I: Legal Divisions Of The Oceans And Airspace

International Law Studies

No abstract provided.


Table Of Contents (Volume 73) Jun 1999

Table Of Contents (Volume 73)

International Law Studies

No abstract provided.


On The Occasion Of The Signing Of The Second Protocol To The Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict (The Hague, 26 March 1999), Colin Powers May 1999

On The Occasion Of The Signing Of The Second Protocol To The Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict (The Hague, 26 March 1999), Colin Powers

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.


From Renaissance Poland To Poland's Renaissance, Daniel H. Cole May 1999

From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Michigan Law Review

Poland is located in Eastern Europe - the "other Europe" - which shares a continent, but seemingly little else, with Western Europe. Most histories of Europe, legal histories included, are actually histories of Western Europe only. The "euro-centrism" some scholars complain about is, more accurately, a "western eurocentrism." The eastern half of the continent is ignored like the embarrassing black sheep of the European family. Economic historians have described Eastern Europe as a "backward" place, where feudal and mercantilist economies persisted as Western European economies modernized and industrialized. In geopolitical terms, Eastern Europe has been characterized as a region of …


Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks Apr 1999

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.


The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short Apr 1999

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.


Reviewing Behind The Success And Failure Of U.S. Export Intermediaries -- Transactions, Agents And Resources, Finn Martensen Jan 1999

Reviewing Behind The Success And Failure Of U.S. Export Intermediaries -- Transactions, Agents And Resources, Finn Martensen

Global Business & Development Law Journal

No abstract provided.


Reviewing International Banking -- Cases, Materials And Problems, Patricia A. Mccoy Jan 1999

Reviewing International Banking -- Cases, Materials And Problems, Patricia A. Mccoy

Global Business & Development Law Journal

No abstract provided.


Reviewing Citizens, Strangers And In-Betweens: Essays On Immigration And Citizenship, Polly A. Webber Jan 1999

Reviewing Citizens, Strangers And In-Betweens: Essays On Immigration And Citizenship, Polly A. Webber

Global Business & Development Law Journal

No abstract provided.


Implications Of A Palestinian State For Israeli Security And Nuclear War: A Jurisprudential Assessment, Louis Rene Beres Jan 1999

Implications Of A Palestinian State For Israeli Security And Nuclear War: A Jurisprudential Assessment, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.


Hors De Logique: Contemporary Issues In International Humanitarian Law As Applied To Internal Armed Conflict, Arturo Carrillo-Suárz Jan 1999

Hors De Logique: Contemporary Issues In International Humanitarian Law As Applied To Internal Armed Conflict, Arturo Carrillo-Suárz

American University International Law Review

No abstract provided.


The Wassenaar Arrangement And Encryption Exports: An Ineffective Export Control Regime That Compromises United States' Economic Interests, Karim K. Shehadeh Jan 1999

The Wassenaar Arrangement And Encryption Exports: An Ineffective Export Control Regime That Compromises United States' Economic Interests, Karim K. Shehadeh

American University International Law Review

No abstract provided.


Obedience Of Orders And The Law Of War: Judicial Application In American Forums, Gary D. Solis Jan 1999

Obedience Of Orders And The Law Of War: Judicial Application In American Forums, Gary D. Solis

American University International Law Review

No abstract provided.


Abducting Terrorists Under Pdd-39: Much Ado About Nothing New, Douglas Kash Jan 1999

Abducting Terrorists Under Pdd-39: Much Ado About Nothing New, Douglas Kash

American University International Law Review

No abstract provided.


Slaying The Monster: Why The United States Should Not Support The Rome Treaty, Cara Levy Rodriguez Jan 1999

Slaying The Monster: Why The United States Should Not Support The Rome Treaty, Cara Levy Rodriguez

American University International Law Review

No abstract provided.


International Control Of Biological Weapons, Scott Keefer Jan 1999

International Control Of Biological Weapons, Scott Keefer

ILSA Journal of International & Comparative Law

Following the breakup of the Soviet Union and resulting decline in fear of nuclear war, attention has shifted to other threats that remained in the background during the superpower confrontation.


Foreword: Deterrence Of War Crimes In The 21st Century, David J. Scheffer Jan 1999

Foreword: Deterrence Of War Crimes In The 21st Century, David J. Scheffer

Maryland Journal of International Law

No abstract provided.


Operation Allied Force: Reviewing The Lawfulness Of Nato's Use Of Military Force To Defend Kosova, Walter Gary Sharp Sr. Jan 1999

Operation Allied Force: Reviewing The Lawfulness Of Nato's Use Of Military Force To Defend Kosova, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.


The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr. Jan 1999

The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.


Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden Jan 1999

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …


Genocide, War Crimes, Crimes Against Humanity, Mary Robinson Jan 1999

Genocide, War Crimes, Crimes Against Humanity, Mary Robinson

Fordham International Law Journal

This article examines such violations of international human rights as genocide, war crimes, and crimes against humanity. In Part I, the author explores the nature and uniqueness of these crimes. In Part II, the author suggests possible courses of action the international community can take and improvements that can be made in response. Finally, Part III analyzes methods of preventing such crimes from occurring.


The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam Jan 1999

The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam

UC Law SF International Law Review

About fifty years have gone by since international humanitarian law was first applied to the proseculion and punishment of war criminals. Just a few years ago, the international humanitarian law most law students learned about was couched within public international law, often studied without any serious intention of ever applying it. Recent prosecutions of war criminals in former Yugoslavia, the presence of genocide suspects in Rwanda and the impending establishment of the Permanent International Criminal Tribunal by the United Nations have revived interest in international humanitarian law, with particular interest in genocide and crimes against humanity.

This article compares the …


Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr. Jan 1999

Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr. Jan 1999

Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder Jan 1999

Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver Jan 1999

Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver

Fordham International Law Journal

Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …


Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford Jan 1999

Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf Jan 1999

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Michigan Journal of International Law

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.


The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt Jan 1999

The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt

Michigan Journal of International Law

This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.


Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David Jan 1999

Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David

Michigan Journal of International Law

This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …