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Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade Jan 1996

Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade

Fordham International Law Journal

As the title of this introduction implies, there are few traces of hope and optimism to be found in Haiti's current situation. If the unavoidable problems of rural communities in a nation of peasants such as Haiti are left unaddressed, and if the nation continues to rely on the standards of the old police state as a model for the new national police, Haiti's transition toward democracy will be off to a bad start. There must be the immediate desire to straighten out this tangled web if Haiti is not to miss this window of opportunity. This Article analyzes this …

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U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells Jan 1996

U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells

Fordham International Law Journal

This Note analyzes the United Nations' use of sanctions in Haiti to draw lessons for the future use of sanctions and argues that there is an inherent tension in the Charter between measures called for under Article 41 and the United Nations' obligations under Article 55. Part I of this Note presents the background and the legal bases for U.N. sanctions. Part I also discusses the adoption of measures to solve Haiti's crisis outside of and within the Chapter VII framework of the U.N. Charter. Part II examines the debate surrounding the use of sanctions to solve Haiti's crisis. Part …

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Protecting Cultural Property During A Time Of War: Why Russia Should Return Nazi-Looted Art, Elissa S. Myerowitz Jan 1996

Protecting Cultural Property During A Time Of War: Why Russia Should Return Nazi-Looted Art, Elissa S. Myerowitz

Fordham International Law Journal

This Comment argues that prior international treaties protecting cultural property should be used as a guide to settle the dispute between Russia and Germany as to which is the rightful owner of cultural property looted during World War II. Part I of this Comment examines the more recent developments in the international protection of cultural property up to the International Institute for the Unification of Private Law's Final Act of the Diplomatic Convention on the International Return of Stolen or Illegally Exported Cultural Objects of 1995 ("UNIDROIT Convention"). Part II discusses the evolution of the present conflict between the Russian …

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Affirming Our Common Humanity: Regulating Landmines To Protect Civilians And Children In The Developing World, Mary A. Ferrer Jan 1996

Affirming Our Common Humanity: Regulating Landmines To Protect Civilians And Children In The Developing World, Mary A. Ferrer

UC Law SF International Law Review

The number of antipersonnel landmines worldwide has increased dramatically in the last twenty-five years. There are an estimated 80 to 110 million landmines deployed or stockpiled in sixty-two countries around the world. This global landmine crisis has devastating effects in developing countries, where the majority of the world's landmines are laid. Despite international efforts to remove landmines, civilians in developing countries continue to be injured by landmines that were laid during wars that have long since ended. Although landmines are perceived as purely military weapons, the reality is that eighty percent of landmine casualties are civilians, not soldiers. Many of …

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Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin Jan 1996

Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin

Michigan Journal of International Law

Review of Law and War Since 1945 by Geoffrey Best

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The Freedom Of Navigation Program: A Study Of The Relationship Between Law And Politics, William J. Aceves Jan 1996

The Freedom Of Navigation Program: A Study Of The Relationship Between Law And Politics, William J. Aceves

UC Law SF International Law Review

The history of U.S. maritime policy evinces the inexorable relationship between law and politics. The U.S. Freedom of Navigation (FON) program provides an excellent example of this critical relationship. Established in 1979, the FON program seeks to preserve the freedoms of navigation and overflight by sending vessels and aircraft to exercise these navigational rights in areas where coastal states have sought to restrict or prohibit such transit. It combines diplomatic action with operational challenges to assert U.S. rights under international law. The FON program is based upon the principal sources of public international law: (1) customary international law and (2) …

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The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner Jan 1996

The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner

Kentucky Law Journal

No abstract provided.

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Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon Jan 1996

Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon

Fordham International Law Journal

This Note argues that customary international law does not prohibit the use of nuclear weapons in self-defense. Part I describes the characteristics of nuclear weapons, including their destructive capabilities and health effects. Part I also discusses the development of the laws of war and the process by which a generally accepted principle or practice ascends to customary international law. Further, Part I presents existing treaties concerning non-proliferation and other nuclear weapons-related issues. Part II examines the application of the laws of war to nuclear weapons use and the resulting conflict over the legality of the use of nuclear weapons. Part …

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The Reemergence Of German Arms: How Far Will Germany's March Toward Full Use Of Military Force Go?, Walter J. Lemanski Jan 1996

The Reemergence Of German Arms: How Far Will Germany's March Toward Full Use Of Military Force Go?, Walter J. Lemanski

Vanderbilt Journal of Transnational Law

In 1994, the German Federal Constitutional Court handed down a landmark decision redefining the constitutionality of German use of military force. For more than forty years, the German government claimed that the German Constitution forbade the use of military forces for other than the defense of NATO territory. The Federal Constitutional Court, however, held that a majority vote of Parliament was all that was required to commit forces to military actions sanctioned by collective security agreements. In 1995, for the first time since World War II, Germany sent offensive military forces into a combat zone. These events raise the question …

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Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone Jan 1996

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.

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The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.

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Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth Jan 1996

Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

With the Cold War over, Americans have grown more introspective about the role of the United States in global affairs. It could hardly be otherwise. America's rise to military preeminence, its overseas commitments and priorities, and its basic sense of international purpose all were forged by circumstances of the past fifty years that have changed dramatically. The Soviet threat is gone; once shaky allies in Europe and Asia are now comparatively stable and prosperous; the specter of cataclysmic nuclear war has receded while regional conflicts, ethnic strife, and humanitarian emergencies have moved to center stage. Although the world is no …

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Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior Jan 1996

Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior

Case Western Reserve Journal of International Law

No abstract provided.

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Nuremberg And Sovereignty, Henry T. King Jr. Jan 1996

Nuremberg And Sovereignty, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

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Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford Jan 1996

Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford

Case Western Reserve Journal of International Law

No abstract provided.

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Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch Sep 1995

Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Conflicting Trends In The Flourishing International Trade Of Art And Antiquities: Restitutio In Integrum And Possessio Animo Ferundil Lucrandi, Michael J. Kelly Sep 1995

Conflicting Trends In The Flourishing International Trade Of Art And Antiquities: Restitutio In Integrum And Possessio Animo Ferundil Lucrandi, Michael J. Kelly

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney Sep 1995

Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Rediscovering Francis Lieber: An Afterword And Introduction, Michael E. Herz Apr 1995

Rediscovering Francis Lieber: An Afterword And Introduction, Michael E. Herz

Cardozo Law Review

In our media age, more and more people are famous just for being famous, rather than for any particular achievement, notorious or otherwise. We spend a good deal of time transfixed by "celebrities" known for no obvious qualities other than fame itself. Francis Lieber, once this country's most respected law professor, of whom it was written in 1873 that "his fame will be secure in the lap of history," presents the opposite case: he is forgotten despite great accomplishment. At best, one might say he is famous for being forgotten. His name comes up, but almost every modem reference to …

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International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr. Jan 1995

International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

States universally claim access to authority and control over events and persons. States exercise power within their territories primarily to maintain and promote public order, protect their assets and wealth, and ensure the public safety. The end result of these actions is law. The operational element of law involves combinations invoking cooperation, reciprocity in treatment and behavior, and dispute management and settlement.

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International Ocean Shipping And Risk Allocation For Cargo Loss, Damage And Delay: A U.S. Approach To Cogsa, Hague-Visby, Hamburg And The Multimodal Rules, Samuel Robert Mandelbaum Jan 1995

International Ocean Shipping And Risk Allocation For Cargo Loss, Damage And Delay: A U.S. Approach To Cogsa, Hague-Visby, Hamburg And The Multimodal Rules, Samuel Robert Mandelbaum

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas Jan 1995

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

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Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua Jan 1995

Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua

Book Reviews

Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.

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Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves Jan 1995

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves

Fordham International Law Journal

This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically, it analyzes the impact …

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The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee Jan 1995

The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee

Fordham International Law Journal

This Comment argues that the IGC should reject proposals to exempt sports associations from Community law, because freedom of movement for workers is a strictly protected right of fundamental importance to the European Union and because the public's interest in sport and the sporting associations' interest in maintaining financial and competitive balance between clubs are better served by alternatives to the transfer system that do not obstruct freedom of movement. Part I discusses the importance of the common market in the European Union and outlines Community law designed to maintain the common market. Part I also discusses application of those …

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The International Law Commission's First Ten Draft Articles On The Law Of The Non-Navigational Uses Of International Watercourses: Do They Adequately Address All The Major Issues Of Water Usage In The Middle East?, Kevin P. Scanlan Jan 1995

The International Law Commission's First Ten Draft Articles On The Law Of The Non-Navigational Uses Of International Watercourses: Do They Adequately Address All The Major Issues Of Water Usage In The Middle East?, Kevin P. Scanlan

Fordham International Law Journal

This Note argues that the first ten articles of the ILC's Draft Articles constitute a significant initial step in solving Middle Eastern water problems. This Note further argues that the ILC's failure to include provisions regulating the use of groundwater render the Draft Articles an incomplete framework for Middle Eastern states to rely upon when framing their own agreements. Part I discusses the historical significance of water, both economically and as a means of sustenance, and its effects on political relations between states that share a water source. Part I also examines the current supply of water in the Middle …

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From Peacekeeping To Peace Enforcement: The Blurring Of The Mandate For The Use Of Force In Maintaining International Peace And Security, Jon E. Fink Jan 1995

From Peacekeeping To Peace Enforcement: The Blurring Of The Mandate For The Use Of Force In Maintaining International Peace And Security, Jon E. Fink

Maryland Journal of International Law

No abstract provided.

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The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor Jan 1995

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. Two sets of powerful images - one reflective of the limitations of international peace-keeping in situations where there is no peace to keep, the other seemingly demonstrating the potential of the use of force to promote peace in the same situation - frame the context of this discussion. If peace-keeping is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the …

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Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox Jan 1995

Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox

Michigan Journal of International Law

Review of International Monitoring of Plebiscites, Referenda and National Elections: Self-Determination and Transition to Democracy by Yves Beigbeder

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Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman Jan 1995

Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman

Michigan Journal of International Law

This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.

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