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Comparing The 1993 U.S. Airstrike On Iraq To The 1986 Bombing Of Libya: The New Interpretation Of Article 51, Stuart G. Baker

Georgia Journal of International & Comparative Law

No abstract provided.

On International Law And Nuclear Terrorism, Louis R. Beres

Georgia Journal of International & Comparative Law

No abstract provided.

Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo

International Law Studies

In August 2014, a Chinese fighter aggressively intercepted a U.S. Navy surveillance plane over the South China Sea. This incident once again raises the issue of the legality of conducting military activities in and over the exclusive economic zone (EEZ) without coastal State notice or consent. All nations have a right under international law to conduct military activities in foreign EEZs. The article discusses the legal bases for conducting these activities and reviews some of the more prominent arguments used by States that purport to regulate such activities in the EEZ. It concludes that the right to engage in military …

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …

Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts

International Law Studies

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.

Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard

Georgia Journal of International & Comparative Law

No abstract provided.

International Law Applicable To Naval Mines, Chatham House

International Law Studies

This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.

The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.

The 1997 Treaty To Ban The Use Of Landmines: Was President Clinton's Refusal To Become A Signatory Warranted?, Jodi Preusser Mustoe

Georgia Journal of International & Comparative Law

No abstract provided.

The Merger Of Two Systems: Chinese Adoption And Western Adaptation In The Formation Of Modern International Law, Kevin D. Herrick

Georgia Journal of International & Comparative Law

No abstract provided.

Poor Judgment: Why The Iraqi Special Tribunal Is The Wrong Mechanism For Trying Saddam Hussein On Charges Of Genocide, Human Rights Abuses, And Other Violations Of International Law, David M. Gersh

Georgia Journal of International & Comparative Law

No abstract provided.

Mercenaries, Myrmidons, And Missionaries, Robert Bejesky

University of Arkansas at Little Rock Law Review

No abstract provided.

Incapacitating The State, Daryl J. Levinson

William & Mary Law Review

No abstract provided.

New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters

Dalhousie Law Journal

The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levee en masse, and asking whether the concept could have relevance in the cyber context. The article treats levee en masse as a litmus test for the law's relevance; if this IHL "relic" could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.

Case Global: A Growing Presence, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 6, #1 (2014)

• A Growing Presence
• Alum Is Appointed UN Special Representative for Darfur
• Case Global Talk Radio celebrates its second year on the air
• New Curriculum: Sequence to Success
• Case Western Reserve expands human rights program, adds clinic
• Alum leaders in the spotlight
• Case Western Reserve law students intern around the world
• Recent Graduate Profiles
• International Law Faculty Updates

Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo

Georgia Journal of International & Comparative Law

No abstract provided.

The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn

Georgia Journal of International & Comparative Law

No abstract provided.

Remarks By An Idealist On The Realism Of The Limits Of International Law, Kenneth Anderson

Georgia Journal of International & Comparative Law

No abstract provided.

Cross Border Data Flows: Could Foreign Protectionism Hurt U.S. Jobs?: Hearing Before The Subcomm. On Commerce, Mfg. & Trade Of The H. Comm. On Energy & Commerce, 113th Cong., Sept. 17, 2014 (Statement Of Laura K. Donohue), Laura K. Donohue

Testimony Before Congress

Documents released over the past year detailing the National Security Agency’s telephony metadata collection program and interception of international content under the Foreign Intelligence Surveillance Act (FISA) directly implicated U.S. high technology companies in government surveillance. The result was an immediate, and detrimental, impact on U.S. firms, the economy, and U.S. national security.

The first Snowden documents, printed June 5, 2013, revealed that the U.S. government had served orders on Verizon, directing the company to turn over telephony metadata under Section 215 of the USA PATRIOT Act. The following day, The Guardian published classified slides detailing how the NSA had …

Letting The Cat Out Of The Bag: Providing A Civil Right Of Action For Torture Committed By U.S. Officials Abroad, An Obligation Of The Convention Against Torture?, Leland H. Kynes

Georgia Journal of International & Comparative Law

No abstract provided.

Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska

Georgia Journal of International & Comparative Law

No abstract provided.

Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank

Georgia Journal of International & Comparative Law

No abstract provided.

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.

International Organizations: An Early History, Michael Davies, Richard Woodward

Books/Book Chapters

This text provides a pioneering and comprehensive analysis of over one hundred international organizations. After introducing the broad historical and contextual settings, the book covers the full range of international organisations including those that are often overlooked or get minimal inclusion elsewhere. Each organization is analysed in a stand-alone section that consider its origins, basic mandates and evolution, the governance structure and the associated key players, current activities and future challenges. The descriptions also reflect each organization’s broader relationships with other international bodies.

Targeted Killing, Procedure, And False Legitimation, Matthew Craig

Cardozo Law Review

No abstract provided.

Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt

Pace International Law Review

The very recent and highly mediatized “Declaration of the 343 Salauds”, where 343 (male) signatures in support of prostitution in a form designed to echo the highly significant declaration of as many women in 1971 in favor of the legalization of abortion, sheds particularly interesting light upon debate about sex regimes in connection with French law. France has recently introduced compulsory quotas for women in corporate boards after imposing la parité for public appointments. A comparative perspective, confronting this recent legislative development from across the Atlantic with policy views on affirmative action and philosophical conceptions of diversity in the United …