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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

Faculty Publications

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 International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler Jan 1999

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt Jan 1999

Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt

Journal Publications

In recent years, African leaders have aggressively sought to strengthen their regional security structures while simultaneously attempting to democratise. Although they recognise that African regional organisations will need to assume a greater role in tackling Africa's security problems, the challenges posed by on-going democratisation efforts have had a visible impact on the effectiveness of some regional organisations. This article examines the challenges that democratisation poses to regional collective security arrangements in Africa, with specific reference to ECOWAS and SADC. It argues that whilst the inclination to democratise has influenced the establishment of new collective security structures, the superficial nature of …


Pre-Intervention Trust-Building, African States And Enforcing The Peace, Jeremy I. Levitt Jan 1999

Pre-Intervention Trust-Building, African States And Enforcing The Peace, Jeremy I. Levitt

Journal Publications

This article is concerned with examining the dynamics of trust-building in a pre-intervention context.' Specifically, it will analyse the concept of trustbuilding prior to the ECOWAS humanitarian interventions in Liberia and Sierra Leone, although the general thrust of my argument will no doubt apply to other African interventions.' Humanitarian intervention can be taken to mean: Intervention in a state involving the use of force (U.N. action in Iraq and Somalia or ECOWAS action in Liberia and Sierra Leone) or threat of force (U.N. action in Haiti), where the intervenor deploys armed forces and, at the least, makes clear that it …


Atrocities, Deterrence, And The Limits Of International Justice, David Wippman Jan 1999

Atrocities, Deterrence, And The Limits Of International Justice, David Wippman

Fordham International Law Journal

Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption. Actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence.


U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov Jan 1999

U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov

Fordham International Law Journal

This Comment analyzes U.S. and Russian bilateral cooperation in fighting organized crime and the difficulties associated with this fight. Part I of this Comment presents the historical development of Russian organized crime, its domestic effects, and its internationalization, particularly in the United States. Part I also highlights the Russian government's legislative attempts to combat organized crime. Finally, Part I examines examples of international bilateral cooperation, such as that between Israel and the United States, which can be emulated by the Russian and U.S. authorities. Part II analyzes the existing Mutual Legal Assistance Agreement (“MLAA”) between the United States and the …


The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel Jan 1999

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Fordham International Law Journal

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …


Balancing The Need For Repatriation Of Illegally Removed Cultural Property With The Interests Of Bona Fide Purchasers: Applying The Unidroit Convention To The Case Of The Gold Phiale, Ian M. Goldrich Jan 1999

Balancing The Need For Repatriation Of Illegally Removed Cultural Property With The Interests Of Bona Fide Purchasers: Applying The Unidroit Convention To The Case Of The Gold Phiale, Ian M. Goldrich

Fordham International Law Journal

This Comment explores the various legal methods designed to protect cultural property and to prevent its illegal removal. Part I examines both international and U.S. efforts to prevent illegal removals of cultural property. This Part briefly outlines the history of cultural property protection, focusing upon the first international agreements to contain cultural property protections and their failure during World Wars I and II. Part I also explores post-World War II international efforts to protect cultural property during both peacetime and war. Finally, Part I analyzes U.S. efforts to prevent the importation of illegally removed cultural property through the application of …


The Function Of State And Diplomatic Privileges And Immunities In International Cooperation In Criminal Matters: The Position In Switzerland, Paul Gully-Hart Jan 1999

The Function Of State And Diplomatic Privileges And Immunities In International Cooperation In Criminal Matters: The Position In Switzerland, Paul Gully-Hart

Fordham International Law Journal

In so far as diplomats are concerned, their immunity from legal process arises under customary international law and treaty law (i.e., the Vienna Convention on Diplomatic Relations,' the Vienna Convention on Consular Relations,2 and the New York Convention on Special Missions' (or "New York Convention")). All three conventions state in their preliminaries that diplomatic immunity and privilege arise from international custom and that their function is not to benefit individuals, but to ensure the smooth and efficient performance of their duties in the interest of comity and of friendly relations between sovereign nations.


The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel Jan 1999

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Journal Articles

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …


From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous Jan 1999

From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous

Case Western Reserve Journal of International Law

No abstract provided.


The Palestinian Basic Law: Embryonic Constitutionalism, Adrien Katherine Wing Jan 1999

The Palestinian Basic Law: Embryonic Constitutionalism, Adrien Katherine Wing

Case Western Reserve Journal of International Law

No abstract provided.


Introduction (Volume 72) Dec 1998

Introduction (Volume 72)

International Law Studies

No abstract provided.


The Maritime Claims Reference Manual And The Law Of Baselines, J. Ashley Roach Dec 1998

The Maritime Claims Reference Manual And The Law Of Baselines, J. Ashley Roach

International Law Studies

No abstract provided.


The Principal Of The Military Objective In The Law Of Armed Conflict, Horace B. Robertson Jr. Dec 1998

The Principal Of The Military Objective In The Law Of Armed Conflict, Horace B. Robertson Jr.

International Law Studies

No abstract provided.


Did Churchill Have A Duty To Warn?, Ruth Wedgwood Dec 1998

Did Churchill Have A Duty To Warn?, Ruth Wedgwood

Cardozo Law Review

No abstract provided.


Index (Volume 72) Dec 1998

Index (Volume 72)

International Law Studies

No abstract provided.


Full Volume 72: Law Of Military Operations Liber Amicorum Dec 1998

Full Volume 72: Law Of Military Operations Liber Amicorum

International Law Studies

No abstract provided.


The U.S. Freedom Of Navigation Program, Procedure, And Future, Dennis Mandsager Dec 1998

The U.S. Freedom Of Navigation Program, Procedure, And Future, Dennis Mandsager

International Law Studies

No abstract provided.


War Crimes, Howard S. Levie Dec 1998

War Crimes, Howard S. Levie

International Law Studies

No abstract provided.


Shooting Down Drug Traffickers, Phillip A. Johnson Dec 1998

Shooting Down Drug Traffickers, Phillip A. Johnson

International Law Studies

No abstract provided.


The Law Of War In Historical Perspective, Leslie C. Green Dec 1998

The Law Of War In Historical Perspective, Leslie C. Green

International Law Studies

No abstract provided.


International Law And Naval Operations, James H. Dolye Jr. Dec 1998

International Law And Naval Operations, James H. Dolye Jr.

International Law Studies

No abstract provided.


Secrets In Plain View: Covert Action The U.S. Way, M.E. Bowman Dec 1998

Secrets In Plain View: Covert Action The U.S. Way, M.E. Bowman

International Law Studies

No abstract provided.


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Oct 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

University of Arkansas at Little Rock Law Review

No abstract provided.


Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer Oct 1998

Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer

Indiana Journal of Global Legal Studies

No abstract provided.


Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii Oct 1998

Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.


Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf Sep 1998

Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf

International Law Studies

No abstract provided.


The Role Of Individuals In International Humanitarian Law And Challenges For States In Its Development, Dieter Fleck Sep 1998

The Role Of Individuals In International Humanitarian Law And Challenges For States In Its Development, Dieter Fleck

International Law Studies

No abstract provided.


Implementation Of Internaitonal Humanitiarian Law In Future Wars, Louise Doswald-Beck Sep 1998

Implementation Of Internaitonal Humanitiarian Law In Future Wars, Louise Doswald-Beck

International Law Studies

No abstract provided.