Digital Commons Network^™

General Index

Penn State International Law Review (1982 - 2011)

No abstract provided.

Prosecuting Iraqi Crimes: Fulfilling The Expectations Of International Law After The Gulf War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley

Dalhousie Law Journal

The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …

The Changing Role Of The United Nations: Halting Nuclear Proliferation In Iraq, Michele E. Martin

Penn State International Law Review (1982 - 2011)

No abstract provided.

Environmental Warfare And The Persian Gulf War: Possible Remedies To Combat Intentional Destruction Of The Environment, Marc A. Ross

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Analysis Of European Political Cooperation During The Persian Gulf Crisis, Donna G. Starr

Penn State International Law Review (1982 - 2011)

No abstract provided.

International Human Rights Law: A Development Overview And Domestic Application Within The U.S. Criminal Justice System, William D. Auman

North Carolina Central Law Review

No abstract provided.

The Decline And Fall Of The War Powers Resolution: Waging War Under The Constitution After Desert Storm, John W. Rolph

Mercer Law Review

On August 2, 1990, Iraqi armed forces stormed across their borders and invaded the neighboring country of Kuwait. Almost immediately thereafter, President Bush drew a "line in the sand" against further Iraqi aggression by deploying approximately 230,000 American armed combat troops to the desert of Saudi Arabia as a deterrent shield. In so doing, the President rekindled a long standing controversy with Congress concerning the proper exercise of war powers under the Constitution and how those powers should be distributed between the executive and legislative branches. The President's "line in the sand" sparked unprecedented reevaluation of the much maligned War …

International Crisis And Neutrality: United States Foreign Policy Toward The Iran-Iraq War, Francis A. Boyle

Mercer Law Review

This Article was written in 1986 and submitted to the University of New Orleans Symposium on Neutrality. The Article reflects the author's analysis regarding the United States military intervensionism into the Middle East with a special focus on the Persian Gulf region. The author analyzes the United States' policies to divide-and-conquer the Arab oil fields that orginated as early as in the 1973 Arab oil boycott of Europe. The body of the Article traces the historical developments leading into the Reagan Administration's own foreign policies toward the Iran-Iraq War. Following the body of the Article, the author then. continues an …

The Case Against Saddam Hussein--The Case For World Order, Andrew M. Warner

Mercer Law Review

The following Article is an excerpt from a paper written in the Fall of 1990. The author submitted the paper in December 1990 as partial fulfillment of the requirements of the Master of Laws program at the University of Virginia. The opinions and conclusions expressed are those of the individual author and do not necessarily represent the United States Army or other governmental agency.

The United Nations' Charter gives the Security Council enforcement authority for breaches of world peace. To be meaningful, rights must have remedies, and the Security Council should now pursue remedies to enforce the rights provided in …

Assassination And The Law Of Armed Conflict, Patricia Zengel

Mercer Law Review

The availability of assassination of foreign leaders as a means of achieving United States foreign policy objectives is an issue that has proven in recent years to be a recurring one. However, it does not arise in isolation; instead it is almost always part of a larger political controversy over United States foreign policy objectives and whether force of any kind should be used to pursue them. Certainly this was true with regard to the controversies that surrounded United States policy, including alleged involvement in assassination plots toward Cuba, Vietnam, the Congo, and the Dominican Republic in the 1960s, and …

Hegel And The Problem Of Slavery, Steven B. Smith

Cardozo Law Review

No abstract provided.

The International Arms Trade: Regulating Conventional Arms Transfers In The Aftermath Of The Gulf War, David G. Anderson

American University International Law Review

No abstract provided.

Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo

UC Law SF International Law Review

The investment promotion strategy of any nation, as set forth in its investment promotion laws, plays a crucial role in its economic development. Vietnam, rumored to be Southeast Asia's "next Asian Tiger," currently maintains one of the most liberal foreign investment codes of any developing nation. Vietnam currently looks to Thailand as a model for economic development. This note discusses the 1987 Law on Foreign Investment in Vietnam (1987 FIL) and the Investment Promotion Act of Thailand and contrasts the two countries' strategies for developing their economies through enactment of foreign investment promotion legislation. This note concludes that Vietnam's 1987 …

Declaring War On The Environment: The Failure Of International Environmental Treaties During The Persian Gulf War, Katherine M. Kelly

American University International Law Review

No abstract provided.

Unilateral Humanitarian Intervention: Legalizing The Use Of Force To Prevent Human Rights Atrocities, Barry M. Benjamin

Fordham International Law Journal

This Note argues that the international community should relax prohibitions against unilateral humanitarian action until the international collective security measures of the U.N. Charter designed to prevent egregious human rights abuses are effective. Because modern technology has significantly increased the ability to discern pretextual actions from altruistic actions, the potential abuse of unilateral humanitarian intervention is minimized. While the meaning of the word “intervention” in itself is subject to debate, this Note will consider only military intervention. Part I of this Note discusses the historical background of humanitarian intervention. Part II first analyzes the arguments against legalization of humanitarian intervention, …

Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey

Maryland Journal of International Law

No abstract provided.

Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres

UC Law SF International Law Review

Numerous acts committed by Iraq during the Gulf War constitute crimes under international law. This essay explores the foundation and development of international law. The essay concludes that, given the scope and severity of the acts committed, both the United States and Israel would be justified in trying Saddam Hussein and others for war crimes under international law.

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …

Competition Law And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The tempest over the proposed "reinterpretation" of the Anti- Ballistic Missile Treaty has only barely been stilled, and the full impact of the dissolution and reorganization of the Soviet Union is far from clear. But already we can detect early warnings about the next probable source of intense constitutional conflict between the American executive branch and the Congress in their ongoing struggle for primacy in the conduct of United States foreign relations. This imminent battle-again arising in the context of disarmament treaties, perhaps the most controversial and crucial aspect of America's international public policy-has not yet been fully joined. But …

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

The Practical Failure Of German Export Control Law: A Lesson In Modern Trade, Daniel D. Corcoran

Fordham International Law Journal

This Comment will argue that the process of controlling exports must change fundamentally if the foreign policy and security objectives of export controls are to be met. Part I will examine the existing international obligations of exporting nations, such as the FRG, highlighting current public international law. Part I will also analyze the structure of the relevant German legislation. Part II will discuss the practical failure of German export controls. Additionally, Part II will review the subsequent reform legislation. Part III will argue that restructuring of the current national controls is necessary. The national measures should control either categorically or …

Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell

Journal Articles

Can the United Nations (UN or Organization) send military forces into civil war without the consent of the parties to the conflict? To date, it never has, but with the end of the Cold War, the Organization is in a position to think again about its proper role in civil war. During the past year, the Security Council has had requests to intervene in the civil wars in Iraq, Yugoslavia, and Somalia. So far, the UN has sent troops to Iraq and Yugoslavia but only after getting the consent of all parties.

The Security Council's recent decisions conform with the …

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …

How To Advance Human-Rights Without Really Trying - An Analysis Of Nongovernmental Tribunals, Arthur Blaser

Political Science Faculty Articles and Research

The purpose of this analysis is fourfold: first, to trace the development of nongovernmental tribunal activity; second, to identify and describe organizations and individuals who exemplify the visionary spirit of the tribunals; third, to analyze the tribunals as quasi-legal proceedings; and fourth, to assess the tribunals' present and potential impact.

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

The Persian Gulf War Oil Spill: Reassessing The Law Of Environmental Protection And The Law Of Armed Conflict, Christopher C. Joyner, James T. Kirkhope

Case Western Reserve Journal of International Law

No abstract provided.

Conscientious Objection And International Law: A Human Right, Marie-France Major

Case Western Reserve Journal of International Law

No abstract provided.