Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- U.S. Naval War College (526)
- Case Western Reserve University School of Law (304)
- American University Washington College of Law (165)
- University of Michigan Law School (131)
- Maurer School of Law: Indiana University (100)
-
- Vanderbilt University Law School (99)
- University of Georgia School of Law (94)
- Fordham Law School (91)
- Yeshiva University, Cardozo School of Law (86)
- Penn State Dickinson Law (75)
- Nova Southeastern University (73)
- University of Denver (63)
- UC Law SF (51)
- University of Maryland Francis King Carey School of Law (48)
- Notre Dame Law School (47)
- BLR (40)
- Georgetown University Law Center (40)
- Pace University (39)
- University of Miami Law School (39)
- University of San Diego (39)
- Columbia Law School (36)
- Southern Methodist University (35)
- Loyola University Chicago, School of Law (34)
- William & Mary Law School (34)
- Cleveland State University (28)
- Duke Law (28)
- Northwestern Pritzker School of Law (26)
- Emory University School of Law (24)
- The University of Akron (23)
- Florida State University College of Law (21)
- Keyword
-
- Law of Armed Conflict (429)
- International law (354)
- International Law (218)
- Operational Law (203)
- Use of Force (195)
-
- Naval Warfare (154)
- LOAC (150)
- Terrorism (143)
- IHL (136)
- Law of the Sea (126)
- Human rights (111)
- Human Rights Law (102)
- War (97)
- United Nations (95)
- Law of Neutrality (92)
- Weapons Law (87)
- International Criminal Law (80)
- Cyber Law (77)
- International humanitarian law (77)
- Treaties (74)
- International Criminal Court (68)
- War crimes (68)
- Law of armed conflict (66)
- Armed conflict (65)
- Sovereignty (62)
- Use of force (60)
- Self-defense (59)
- United States (57)
- Iraq (56)
- Maritime Security (56)
- Publication
-
- International Law Studies (526)
- Case Western Reserve Journal of International Law (234)
- American University International Law Review (103)
- Faculty Scholarship (86)
- Fordham International Law Journal (85)
-
- Vanderbilt Journal of Transnational Law (84)
- Georgia Journal of International & Comparative Law (76)
- ILSA Journal of International & Comparative Law (72)
- Michigan Journal of International Law (59)
- Human Rights & Human Welfare (57)
- Faculty Publications (53)
- UC Law SF International Law Review (49)
- Michigan Law Review (46)
- Articles by Maurer Faculty (44)
- War Crimes Memoranda (42)
- Penn State International Law Review (1982 - 2011) (40)
- ExpressO (39)
- Indiana Journal of Global Legal Studies (37)
- San Diego International Law Journal (37)
- Georgetown Law Faculty Publications and Other Works (36)
- Maryland Journal of International Law (35)
- Loyola University Chicago International Law Review (30)
- Penn State Journal of Law & International Affairs (2012 - Present) (30)
- Journal Articles (29)
- Articles (25)
- Akron Law Review (23)
- Scholarly Works (23)
- Cardozo International & Comparative Law Review (21)
- Syracuse Journal of International Law and Commerce (21)
- Global Business & Development Law Journal (19)
- Publication Type
- File Type
Articles 961 - 990 of 3139
Full-Text Articles in Entire DC Network
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Articles
This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …
Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations
Introduction, Maxwell J. Mehlman, Daniel Vallejo
Introduction, Maxwell J. Mehlman, Daniel Vallejo
Case Western Reserve Journal of International Law
No abstract provided.
U.S. Military Use Of Non-Lethal Weapons: Reality Vs Perceptions, Susan D. Levine, Joseph A. Rutigliano Jr.
U.S. Military Use Of Non-Lethal Weapons: Reality Vs Perceptions, Susan D. Levine, Joseph A. Rutigliano Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Nonlethal Weapons, Noncombatant Immunity, And The Principle Of Participatory Liability, Michael L. Gross
Nonlethal Weapons, Noncombatant Immunity, And The Principle Of Participatory Liability, Michael L. Gross
Case Western Reserve Journal of International Law
No abstract provided.
Lethal Autonomous Weapons And Jus Ad Bellum Proportionality, Heather M. Roff
Lethal Autonomous Weapons And Jus Ad Bellum Proportionality, Heather M. Roff
Case Western Reserve Journal of International Law
No abstract provided.
The Death Of Deference And The Domestication Of Treaty Law, Harlan G. Cohen
The Death Of Deference And The Domestication Of Treaty Law, Harlan G. Cohen
Scholarly Works
How much deference do courts give to Executive branch views on treaty interpretation? The Restatement (Third) of the Foreign Relations Law of the United States tells us that courts “will give great weight to an interpretation made by the executive branch,” and earlier empirical studies suggested that deference to Executive in such cases was robust. But is that still the case? The Supreme Court’s rejection of the Executive’s view in a series of high profile cases including Hamdan v. Rumsfeld, BG Group PLC v. Republic of Argentina, and Bond v. United States should raise some doubts. This short article investigates, …
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
Faculty Publications
This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …
Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli
Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli
International Law Studies
This contribution argues that autonomous weapons systems may have advantages from the perspective of ensuring better respect for international humanitarian law (IHL). This may be the case if they are one day capable of perceiving the information necessary to comply with IHL, can apply IHL to that information, and if it can be ensured that they will not deviate from the ways in which humans have programmed them. In the view of the author, targeting decisions do not require subjective value judgments a machine would be unable to make. In order to ensure IHL is respected with regard to use …
Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack
Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack
International Law Studies
A recurrent response to the development of increasingly autonomous weapons systems involves questions of accountability for serious violations of the law of armed conflict. Opinion is divided across a spectrum ranging from claims of an accountability vacuum and consequent calls for a complete ban to assertions that the weapons will present no new challenges and that the existing legal framework is capable of adaptation to emerging technologies. This article focuses on the expanded role played by developers of autonomous weapons systems. It describes the novel contributions made by developers of these advanced systems that raise the potential for them to …
Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman
Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman
International Law Studies
As increasingly automated—and in some cases fully autonomous—weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose great challenges, however, with regard to law of armed conflict rules regulating the use of weapons. To adapt existing law to meet those challenges, we propose a three-tiered approach …
Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg
Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg
International Law Studies
Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …
Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce
Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce
Georgia Journal of International & Comparative Law
No abstract provided.
Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen
Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen
Georgia Journal of International & Comparative Law
No abstract provided.
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
LLM Theses
The responsibility to protect (R2P) doctrine allows the international community to intervene for humanitarian purposes in events of massive violations of human rights. However, the legality of humanitarian intervention has received considerable critical attention because of its direct conflict with two fundamental norms in international law: the prohibition of the use of force, and the principle of state sovereignty. In Syria, mass atrocity crimes are escalating on a daily basis. Until now, international efforts have failed to find a peaceful formula to stop the crisis. International law allows the Security Council to authorize humanitarian intervention under the power of Chapter …
Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan
Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan
Pace International Law Review
Since the invasion of Afghanistan, the United States has utilized Unmanned Aerial Vehicles (UAVs) to locate, surveil and kill members of the Taliban, Al-Qaeda and its associated forces. Such killings have decimated the leadership of these groups and disrupted their operations. However, there are collateral effects from UAV killings including civilian deaths. These deaths increase resentment and hatred toward the US, which is channeled by terrorist groups to recruit new members and for local support. Moreover, targeted killings outside a combat zone have political and diplomatic consequences. This paper argues that the current uses of UAV are legal under international …
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Pace International Law Review
This article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a …
Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb
Georgia Journal of International & Comparative Law
No abstract provided.
Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell
Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell
Georgia Journal of International & Comparative Law
No abstract provided.
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …
Targeting “Islamic State” Oil Facilities, Kenneth Watkin
Targeting “Islamic State” Oil Facilities, Kenneth Watkin
International Law Studies
In September 2014 the United States and Coalition partners conducted aerial attacks against several Islamic State-operated modular oil refineries in Syria. The Pentagon’s rationale is that the refineries provided fuel for Islamic State operations, money to finance continued attacks and constituted an economic asset to support future operations. Attacking the oil production facilities to stop the sale of smuggled oil, the proceeds of which “fuel” Islamic State activities is potentially controversial. Additional Protocol I limits attacks to those objects that “make an effective contribution to military action.” The U.S. position is that “war-sustaining objects” may also be lawfully targeted, thus …
Mercenaries And International Law, Marie-France Major
Mercenaries And International Law, Marie-France Major
Georgia Journal of International & Comparative Law
No abstract provided.
Eco-Terrorist Acts During The Persian Gulf War: Is International Law Sufficient To Hold Iraq Liable?, Laura Edgerton
Eco-Terrorist Acts During The Persian Gulf War: Is International Law Sufficient To Hold Iraq Liable?, Laura Edgerton
Georgia Journal of International & Comparative Law
No abstract provided.
Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula
Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula
Georgia Journal of International & Comparative Law
No abstract provided.
Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell
Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, Sean D. Murphy
Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, Sean D. Murphy
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, John A. Macinnis
Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, John A. Macinnis
Georgia Journal of International & Comparative Law
No abstract provided.
U.N. Peace And Security Powers And Related Presidential Powers, Jordan J. Paust
U.N. Peace And Security Powers And Related Presidential Powers, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
Infernal Machines And Hidden Death: International Law And Limits On The Indiscriminate Use Of Land Mine Warfare, Jack H. Mccall Jr.
Infernal Machines And Hidden Death: International Law And Limits On The Indiscriminate Use Of Land Mine Warfare, Jack H. Mccall Jr.
Georgia Journal of International & Comparative Law
No abstract provided.