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International Law

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International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman Jan 1997

International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights.

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The Lawfulness Of Humanitarian Intervention, Michael J. Reppas Jan 1997

The Lawfulness Of Humanitarian Intervention, Michael J. Reppas

St. Thomas Law Review

This article addresses the conflicting claims of territorial sovereignty and humanitarian intervention, analyzes how these claims have been resolved in the past, and predicts how current trends in resolution will affect the global common interest. Part II discusses, in detail, the conflicting theories of territorial sovereignty and humanitarian intervention. Part III analyzes the trends in decision-making and the conditioning factors since the end of the Second World War that have motivated the United Nations to establish international law and a specific protocol for when humanitarian intervention is justified. Part IV analyzes the history between the United States and the former …

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Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr. Jan 1997

Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf Jan 1997

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …

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A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon Jan 1997

A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon

Michigan Journal of International Law

This note first reviews in Part I the history and potential of the idea of iceberg utilization. Part II then briefly examines the relevant sources of international law relating to iceberg acquisition. Finding that the standard sources of international law, such as conventions and international custom, currently provide inadequate guidance in this area. The note in Part III then searches for general principles embodied in the three major regimes of national water law: riparian rights, prior appropriation, and administrative allocation. Finally, it outlines in Part IV what an iceberg appropriation regime might look like under each regime.

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After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres Jan 1997

After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

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A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard Jan 1997

A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard

Theses : Honours

The General Assembly of the United Nations, by Resolution, requested the International Court of Justice to give its Advisory Opinion on the following legal question: Is the threat or use of nuclear weapons in any circumstance permitted under Intemational law? The question raises a number of legal, political and moral issues which go to the heart of the development of public international law, and of relations between States in the United Nations era. Central to all such issues is the tension, both legal and political, which exists between the five declared nuclear weapon States (the Permanent Members of the United …

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Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo Jan 1997

Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo

Vanderbilt Journal of Transnational Law

Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …

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Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley Jan 1997

Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley

Vanderbilt Journal of Transnational Law

The international community faced a difficult challenge after the Dayton Peace Accords ended the civil war in Bosnia. Free and fair elections became an essential component to establishing a democratic government in the war-torn country. The United Nations and the Organization for Security and Cooperation in Europe responded by carrying out Annex 3 of the Peace Accords, which called for such elections. The resultant election-monitoring mission in Bosnia, however, was unsuccessful The elections were held under improper conditions. Therefore, the Bosnian people lack confidence in the democratic process, which is necessary for long-term democracy.

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Book Review, Lakshman Guruswamy Jan 1997

Book Review, Lakshman Guruswamy

Publications

No abstract provided.

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The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya Jan 1997

The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya

LLM Theses and Essays

The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …

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Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong

Case Western Reserve Journal of International Law

No abstract provided.

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National Sovereignty And Transnational Problem Solving, Judith H. Bello Dec 1996

National Sovereignty And Transnational Problem Solving, Judith H. Bello

Cardozo Law Review

Many of the most difficult problems that challenge nation states in the increasingly interdependent world do not respect borders: illicit drug trafficking, refugees, illegal immigration, environmental degradation, illegal arms sales, nuclear proliferation, terrorism, bribery, and corruption. Nation states acting alone are helpless to resolve or most effectively alleviate these problems.

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The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis Dec 1996

The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis

Cardozo Law Review

The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …

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Judgment At The Hague, Ruti Teitel Oct 1996

Judgment At The Hague, Ruti Teitel

Articles & Chapters

No abstract provided.

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Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Oct 1996

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.

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Conundrums Of Armed Conflict: Criminal Defenses To Violations Of The Humanitarian Law Of War, Matthew Lippman Sep 1996

Conundrums Of Armed Conflict: Criminal Defenses To Violations Of The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law Jun 1996

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

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International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor Jun 1996

International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor

International Law Studies

No abstract provided.

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Comment: The Existing Legal Framework, Protecting The Environment During International Armed Conflict, Paul C. Szasz Jun 1996

Comment: The Existing Legal Framework, Protecting The Environment During International Armed Conflict, Paul C. Szasz

International Law Studies

No abstract provided.

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Comment: The Environmental Threat Of Military Operations, Arthur G. Gaines Jr. Jun 1996

Comment: The Environmental Threat Of Military Operations, Arthur G. Gaines Jr.

International Law Studies

No abstract provided.

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This Land Is Our Land: The Environmental Threat Of Army Operations, Frank R. Finch Jun 1996

This Land Is Our Land: The Environmental Threat Of Army Operations, Frank R. Finch

International Law Studies

No abstract provided.

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Environment Aspects Of Non-International Conflicts: The Experience In Former Yugoslavia, James A. Burger Jun 1996

Environment Aspects Of Non-International Conflicts: The Experience In Former Yugoslavia, James A. Burger

International Law Studies

No abstract provided.

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Introduction (Volume 69) Jun 1996

Introduction (Volume 69)

International Law Studies

No abstract provided.

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Concluding Remarks, John Norton Moore Jun 1996

Concluding Remarks, John Norton Moore

International Law Studies

No abstract provided.

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The Impact Of War And Military Operations Other Than War On The Marine Environment: Policy Making On The Frontiers Of Knowledge, Ronald A. Demarco, John P. Quinn Jun 1996

The Impact Of War And Military Operations Other Than War On The Marine Environment: Policy Making On The Frontiers Of Knowledge, Ronald A. Demarco, John P. Quinn

International Law Studies

No abstract provided.

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Welcoming Remarks, James R. Stark, R.J. Grunawalt Jun 1996

Welcoming Remarks, James R. Stark, R.J. Grunawalt

International Law Studies

No abstract provided.

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The 1977 Protocols To The Geneva Convention Of 1949, W. Hays Parks Jun 1996

The 1977 Protocols To The Geneva Convention Of 1949, W. Hays Parks

International Law Studies

No abstract provided.

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Index (Volume 69) Jun 1996

Index (Volume 69)

International Law Studies

No abstract provided.

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Comment: Developing The Environmental Law Of Armed Conflict, Bernard H. Oxman Jun 1996

Comment: Developing The Environmental Law Of Armed Conflict, Bernard H. Oxman

International Law Studies

No abstract provided.

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