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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.

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.

Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder

Touro Law Review

No abstract provided.

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.

Address: Post-War Criminal Justice In Iraq, Travis W. Hall

Georgia Journal of International & Comparative Law

No abstract provided.

Dynamic Federalism And Wind Farm Siting, H. Brendan Burke

North Carolina Journal of Law & Technology

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.

The Lost Generation: Environmental Regulatory Reform In The Era Of Congressional Abdication, David W. Case

Duke Environmental Law & Policy Forum

Congress constructed the entirety of the modern federal environmental regulatory system between 1970 and 1990. However, due to ever increasing political polarization and gridlock, Congress has abdicated its responsibility as the primary national environmental policymaker over the past 25 years. Since 1990, no major environmental legislation has been enacted, leading to a growing sense that the federal system has become stagnated and obsolescent. Since the mid-1990s, concerns over the effectiveness, inefficiencies, and under-inclusiveness of the federal system have led to a robust reform movement seeking to build the "next generation" of environmental regulation. Because of Congress's inability to enact environmental …

Proportionality 2.0: Evaluating Military Force In A Modern International Humanitarian Legal Framework, Deborah Beth Medows

University of Miami International and Comparative Law Review

No abstract provided.

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

Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt

Cardozo Law Review

America was born in revolution. Outraged at numerous abuses by the British crown - to include the conduct of British soldiers in the colonists' daily lives - Americans declared their independence, creating a new republic with deep suspicions of a standing army. These suspicions were intensely debated at the time of the nation's formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. This did not occur until after the Civil War when Southern congressmen successfully coopted the framers' earlier concerns of a standing army and passed a …

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla

Georgia Journal of International & Comparative Law

No abstract provided.

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.

High Technology, Consumer Privacy, And U.S. National Security : Hearing Before The Subcomm. On Commerce, Manufacturing, And Trade Of The H. Comm. On Energy And Commerce, 113th Cong., September 17, 2014 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), 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 …