Digital Commons Network^™

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Michigan Journal of International Law

In this Article, the author attempts a comprehensive international legal analysis of "non-lethal" weapons to raise awareness about how many international legal issues they create and about the complexity of analyzing the international legality of the development and use of these weapons. In short, the emergence of "non-lethal" weapons does not rescue international law from its crisis in connection with controlling war. Indeed, in some respects, the coming of "non-lethal" weapons threatens to deepen that crisis in new and disturbing ways.

International Control Of Biological Weapons, Scott Keefer

ILSA Journal of International & Comparative Law

Following the breakup of the Soviet Union and resulting decline in fear of nuclear war, attention has shifted to other threats that remained in the background during the superpower confrontation.

Foreword: Deterrence Of War Crimes In The 21st Century, David J. Scheffer

Maryland Journal of International Law

No abstract provided.

Operation Allied Force: Reviewing The Lawfulness Of Nato's Use Of Military Force To Defend Kosova, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.

Discrimination In The Laws Of Information Warfare, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …

Self-Determination And The Wrongfulness Of Death, Robert A. Burt

Journal of Health Care Law and Policy

No abstract provided.

Genocide, War Crimes, Crimes Against Humanity, Mary Robinson

Fordham International Law Journal

This article examines such violations of international human rights as genocide, war crimes, and crimes against humanity. In Part I, the author explores the nature and uniqueness of these crimes. In Part II, the author suggests possible courses of action the international community can take and improvements that can be made in response. Finally, Part III analyzes methods of preventing such crimes from occurring.

Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …

The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam

UC Law SF International Law Review

About fifty years have gone by since international humanitarian law was first applied to the proseculion and punishment of war criminals. Just a few years ago, the international humanitarian law most law students learned about was couched within public international law, often studied without any serious intention of ever applying it. Recent prosecutions of war criminals in former Yugoslavia, the presence of genocide suspects in Rwanda and the impending establishment of the Permanent International Criminal Tribunal by the United Nations have revived interest in international humanitarian law, with particular interest in genocide and crimes against humanity.

This article compares the …

Customary International Law And Human Rights Treaties Are Law Of The United States, Jordan J. Paust

Michigan Journal of International Law

The Founders clearly expected that the customary law of nations was binding, was supreme law, created (among others) private rights and duties, and would be applicable in United States federal courts. For example, at the time of the formation of the Constitution John Jay had written: "Under the national government… the laws of nations, will always be expounded in one sense… [and there is] wisdom… in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government...” In 1792, the supremacy of the customary law of nations within the United States was …

Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Driver's Privacy Protection Act: On The Fast Track To National Harmony Or Commercial Chaos, Oliver J. Kim

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Is Self-Regulation Enough Today?: Evaluating The Recombinant Dna Controversy, Charles Weiner

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver

Fordham International Law Journal

Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …

Against The Grain: The North Dakota Wheat Pooling Plan And The Liberalization Trend In World Agricultural Markets, Jon Lauck

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Expert Report Of Albert M. Camarillo, Albert M. Camarillo

Michigan Journal of Race and Law

At the request of attorneys with Wilmer, Cutler & Pickering, the author has prepared this report which outlines the historical patterns and legacies of racial isolation and separation of Hispanics in American society. The research is based on archival collections, syntheses of secondary literature, and other primary sources such as U.S. government reports including Bureau of the Census population reports. Based on the author’s knowledge and research, this report outlines the historical developments that resulted in patterns of racial exclusion and isolation of Hispanics in the states and cities where they have settled since 1900. In particular, this report will …

Professionalism And Civility In The Practice Of Aviation Law - The Vors And Gpss Which Guide Our Practice, Katherine A. Staton

Journal of Air Law and Commerce

No abstract provided.

Consolidation Of The Aerospace And Defense Industries: The Effect Of The Big Three Mergers In The United States Defense Industry, Amy J. Boatner

Journal of Air Law and Commerce

No abstract provided.

American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross

Faculty Law Review Articles

In this article the author explains the origin of some of the deeply embedded historic, cultural and legal biases that have long frustrated attempts to reform American Indian education and suggests some strategies for mitigating, if not eliminating, their influence on Indian education.

The Supreme Court’S Thirty-Five Other Gun Cases: What The Supreme Court Has Said About The Second Amendment, David B. Kopel

Saint Louis University Public Law Review

No abstract provided.

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Michigan Journal of International Law

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.

The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt

Michigan Journal of International Law

This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.

Promoting Human Rights Values In Cuba’S Post-Castro Military, Jeffrey F. Addicott, Manuel Supervielle

Faculty Articles

The United States should develop a specific plan to take advantage of the opportunity to promote human rights values in the post-Castro Cuban military. United States military judge advocates are uniquely qualified to execute this plan and assist the post-Castro Cuban military to internalize respect and protection of human rights as part of its fundamental reason for existence. The development of such a human rights training program is not only a morally correct activity for the United States military to pursue, but given the never ending struggle to promote America’s national security within the framework of a shrinking defense budget, …

The Evolution Of The Electric Utility Industry, Richard Pomp

Faculty Articles and Papers

This article examines the evolution of the electric utility industry in three parts: I. Discovery, Innovation, and Expansion; II. Increased Demand, Improved Technology, and Increased Regulation; and III. Diversification, Regionalism, and Deregulation.

Part I begins with an examination of how the electric industry came to be, starting with incandescent light. The power industry at this time consisted of three segments that still exist today; generation, transmission, and distribution. Municipalities initially issued franchises and charters to power cities, which resulted in fierce competition to provide power at the lowest rates. Through 1880 to 1900, electricity-use increased rapidly, attracting private companies to …

Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David

Michigan Journal of International Law

This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …