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The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney

Fordham International Law Journal

Introduction in relation to the 50th anniversary of the United Nations.

Forced Prostitution: Naming An International Offense, Nora V. Demleitner

Fordham International Law Journal

This paper presents an argument for recognizing "forced prostitution" as an international offense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women's customers can be held criminally liable. While the international debate has attempted to characterize forced prostitution as slavery, the term "slavery" fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional organizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it as well as …

Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody

Fordham International Law Journal

This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency's attempt to verify North Korea's compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part II reviews the events leading up to North Korea's alleged withdrawal from the NPT and discusses the DPRK's and the Agency's legal arguments concerning North Korea's rights under the regime. Part III argues that the Agency has the right to inspect the DPRK's facilities because: …

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.

From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman

Cleveland State Law Review

This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …

From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman

Cleveland State Law Review

This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …

The Landmine Review Conference: Will The Revised Landmine Protocol Protect Civilians?, Paul J. Lightfoot

Fordham International Law Journal

This Comment analyzes the impact of landmine use on civilians, the effect of international law on landmine warfare, and the proposed changes to international law in response to the harm inflicted upon civilians. The Comment concludes that the United Nations Review Conference will not adopt a total ban on the production, use, transfer, and stockpiling of landmines, and therefore will fail in its efforts to protect civilians.

International Law And Civil Wars, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni

Fordham International Law Journal

This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.

The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

Towards A Theoretical Foundation For The Success Of International Sanctions, Ellie Cross

Theses : Honours

No abstract provided.

Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel

LLM Theses and Essays

In areas throughout the world, citizens have been subject to torture and murder during civil wars and other armed conflicts. Many perpetrators of these atrocities are unlikely to be prosecuted on national level; thus if justice is sought, international law must be utilized. To provide further guidance in this area, the International Law Commission submitted a draft in 1991 of its work on a Code that creates new laws, reiterates existing conventional law, and codifies customary international law. This thesis analyzes individual responsibility and the scope ratione personae, which crimes are covered, the process of enforcement and in what …

Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe

University of Richmond Law Review

On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.

Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …

Treaties As Instruments For Managing Internationally-Shared Water Resources: Restricted Sovereignty Vs. Community Of Property, Joseph W. Dellapenna

Case Western Reserve Journal of International Law

No abstract provided.

Judicial Interpretation Of Silence: The Criminal Evidence Order Of 1988, Thomas P. Quinn

Case Western Reserve Journal of International Law

No abstract provided.

Targeting Enemy Merchant Shipping: An Overview Of Law And Practice, L.F.E. Goldie

International Law Studies

No abstract provided.

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

The Dickinson School Of Law Nafta Symposium - The North American Free Trade Agreement: Engaged To Be Engaged?, John A. Maher

Penn State International Law Review (1982 - 2011)

No abstract provided.

International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love

Vanderbilt Journal of Transnational Law

Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.

The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …

Mexico-United States Energy Relations And Nafta, Reinier Lock, Bill F. Kryzda

United States - Mexico Law Journal (1993-2005)

This PDF contains a central article and response articles, these are then followed by a short discussion piece.

Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza

Translated Opinions

Following a number of brutal acts of kidnapping and murder committed by the Hamas and Islamic Jihad terrorist organisations is December, 1992, it was decided by the Government of Israel to empower the military commanders of Judea and Samaria and of the Gaza Strip to issue orders for the temporary deportation of the leaders of these two terrorist organisations who had taken part in organising and supporting acts of terror, for a period not exceeding two years. The two commanders thereupon issued (general) temporary provisions under the Defence (Emergency) Regulations, 1945 (from the time of the British Mandate but still …

Integration And Disintegration In Europe: Reordering The Treaty Map Of The Continent, George K. Walker

Global Business & Development Law Journal

No abstract provided.

Landmines: A Deadly Legacy, Morris Panner

Fordham International Law Journal

Landmines: A Deadly Legacy (“ Deadly Legacy”) is both a powerful advocacy piece calling for an international ban on the production, stockpiling, trade, and use of landmines, as well as a compelling reference work carefully detailing what can only be deemed a global landmines crisis. The book, a joint effort of The Arms Project, a division of Human Rights Watch, and of Physicians for Human Rights, is the culmination of a three year effort, including extensive field research in such places as Cambodia, Angola, Mozambique, Iraqi Kurdistan, and northern Somalia, as well as documentary research drawing on previously classified U.S. …

International Humanitarian Law: Americas Watch's Experience In Monitoring Internal Armed Conflicts, Robert Kogod Goldman

American University International Law Review

No abstract provided.

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.

Eternal Silence: The Destruction Of Cultural Property In Yugoslavia, Karen J. Detling

Maryland Journal of International Law

No abstract provided.

Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross

UC Law SF International Law Review

South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …

Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum

Michigan Journal of International Law

Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.