Digital Commons Network^™

Imperfect Justice: Looted Assets, Slave Labor, And The Unfinished Business Of World War Ii, Stuart E. Eizenstat

Vanderbilt Journal of Transnational Law

I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe--in Switzerland-to keep them out of Hitler's clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of …

Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden

Vanderbilt Journal of Transnational Law

The Czech Republic has faced much criticism in the past fifteen years for the treatment of its Romani minority community. The European Union has successfully applied informal, non-legal means of pressuring the Czech Republic into making some changes necessary to improve living conditions for Roma. With the Czech Republic's recent accession to the European Union, legal human rights institutions will likely play a larger role in ensuring that the Czech Republic continues to improve conditions for Czech Roma. The Author uses a case brought by a group of Roma at the European Court of Human Rights to demonstrate the potential …

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

A Regional Approach To Human Security In East Asia: Global Debate, Regional Insecurity And The Role Of Civil Society, James T. H. Tang

Research Collection School of Social Sciences

The concept of human security as a new paradigm presents a particular challenge for East Asia. While the region experienced dramatic political, economic and social transformations in the last few decades, much of the region’s key security concerns are state-focused. In fact East Asian regional security structures that are products of the Cold War era have remained largely intact.

Microstructure Studies In Surfacant Systems, Vivek Agarwal

Open Access Dissertations

Microstructures in two mixed surfactants systems that show novel transformations as a function of composition and temperature have been explored. Indirect imaging methods like Small Angle Neutron Scattering (SANS) along with direct imaging methods like Cryogenic Transmission Electron Microscopy (Cryo-TEM) and recently developed Freeze Fracture Direct Imaging (FFDD have been used extensively to characterize and identify the changes in the microstructures in the mixed surfactant systems as a function of composition, temperature and external force fields.

As water is added to a solution of an anionic surfactant, AOT (2 ethylhexyl sodium sulfosuccinate) and a zwitterionic surfactant, lecithin (phosphatidylcholine) in isooctane, …

Bernard Lewis: The Middle East Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

Humanitarian Inviolability In Crisis: The Meaning Of Impartiality And Neutrality For U.N. And Ngo Agencies Following The 2003-2004 Afghanistan And Iraq Conflicts, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Humanitarian inviolability is the ability of humanitarian relief agencies, whether official agencies such as the office of the United Nations High Commissioner for Refugees (UNHCR) or private organizations such as the International Committee of the Red Cross (ICRC), to act in situations of extreme human need and suffering, particularly in circumstances of armed conflict, with the assurance that their personnel, their property, and their activities will not be made the object of attack. It is a concept that is at the core of all humanitarian relief work, especially during war, when the cooperation of the belligerent parties is essential …

Liability For Global Navigation Satellite Services: A Comparative Analysis Of Gps And Galileo, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The law relating to global navigation satellite systems, (GNSS) is a novel and complex subject. As a result, this paper addresses a considerable number of issues from a new, as of yet untested legal perspective. It will also address a number of altogether new issues which, from a legal perspective, have been dealt with often in other areas of law. Global navigation satellite systems are being used for a very rapidly growing plethora of applications and, thus, also cause a rapidly growing plethora of legal issues to arise. These range from general institutional and jurisdictional ones, to such concrete aspects …

International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee

Faculty Scholarship

Although sovereign equality - the norm that all sovereign states are entitled to the same bundle of rights on the international plane - has long been a central norm of international law, its retention in the realm of preemptive war is fairly to be questioned when one sovereign state possesses overwhelming military power. In this Article, Professor Lee examines the historical and normative foundations of sovereign equality, finds them wanting under the condition of a militarily supreme republican state, but defends the norm on the pragmatic ground of what is best for the supreme state to defend itself against covert, …

Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters

Articles by Maurer Faculty

A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.

This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …

“Never Again,” Again: Darfur, The Genocide Convention, And The Duty To Prevent Genocide, Jamal Jafari

Human Rights Brief

No abstract provided.

Ethnic Conflict In Plateau State: The Need To Eliminate The Indigene/Settler Dichotomy In Nigeria, Nabila Isa-Odidi

Human Rights Brief

No abstract provided.

Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney

Faculty Scholarship

The rise of neutrality agreements is a major development in labor-management relations in this country. The union movement's new approach to organizing displaces elections supervised by the National Labor Relations Board (NLRB) with negotiated agreements that provide for employers to remain neutral during an upcoming union campaign and (in most instances) for employees to decide if they wish to be represented through signing authorization cards rather than through a secret ballot election. Professor Brudney demonstrates the substantial role now being played by this contractually based approach to union organizing. He also explains why so many employers have agreed to neutrality …

Mig! 6 O'Clock High!: A History Of The Design Bureau And An Analysis Of Its Aircrafts Combat History, Ethan J. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Thunder Over The North| Air-To-Air Combat Over North Vietnam, Benjamin B. Donnelly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Journal Articles

Human rights have suffered sharp setbacks in the four years since the paper that follows was delivered in London in the summer of 2000. The terrorist attacks on the United States on September 11, 2001, and the Bush Administration’s ensuing “war on terrorism,” have led not only to a demotion of human rights on the list of American foreign policy priorities, but also to gross violations of human rights by Washington. Among other recent assaults on the rule of law are the prolonged detentions of hundreds of prisoners without trial or due process of law at the United States Naval …

Nato In The Post-Cold War Era: "The New York Times"' Reaction To Enlargement And To Romania's Candidacy, Lavinia M. Bucsa

Electronic Theses and Dissertations 2000 - 2009

Since the disintegration of the Soviet Union and the Warsaw Pact, the North Atlantic Treaty Organization (NATO) witnessed a profound process of adaptation and change. In conjunction with the pursuit of new missions, one of the key elements of the alliance's transformation has been the enlargement to the East. This paper examines the issue of NATO's post-Cold War enlargement in the broader context of its adaptation to the new particularities of the international security environment. The paper suggests that changes in the alliance's mission and in the U.S. interests influenced the politics of enlargement and, consequently, the policy toward candidate …

Recognizing Gender-Based Violence In Armed Conflict: Incorporating The Voices Of Women In International Humanitarian Law, Amber Cheri Paaso

Electronic Theses and Dissertations 2000 - 2009

This study seeks to examine the influence of patriarchal forces, at both the local and global level, that have historically resulted in the lack of recognition of gender-specific crimes committed during and after armed conflict. By incorporating the testimonies of Bosnian, Croatian and Serbian women, this study attempts to understand sexual violence from the standpoint of women who experienced these crimes during the War in Croatia and Bosnia-Herzegovina (1991--1995). Theories of Third World feminisms, in addition to feminist critiques concerning rape and international law, will inform this analysis of International Humanitarian Law (IHL). I intend to show that despite greater …

German Stereotypes In British Magazines Prior To World War I, William F. Bertolette

LSU Master's Theses

The British image of Germany as England's "poor relation," a backward cluster of feudal states, gave way during the nineteenth century to the stereotype of England's archenemy and imperial rival. This shift from innocuous Old Germany to menacing New Germany accelerated after German unification in 1871 as German economic growth and imperial ambitions became topics for commentary in British journals. But the stereotypical "German Michael," or rustic simpleton, and other images of self-effacing servile, loyal, honest and passive Old Germany lingered on into the late nineteenth century as a "straw man" for alarmist Germanophobes to dispel with new counter-stereotypes. These …

Factors Influencing The Seawater Solubility Of Aerosol Associated Trace Metals, Angela Biscombe

School of Geography, Earth and Environmental Sciences Theses

Recent recognition of the importance of trace metals in oceanic biogeochemical cycling and of the significance o f atmospheric trace metals inputs to marine waters, highlights the need to assess the dissolved trace metals inputs from atmospheric sources. Atmospheric inputs are important to the surface waters of the Eastern Mediterranean, due to the reduction of riverine inputs. High-volume aerosol samples were collected from Haifa, Israel and Erdemli, Turkey in 1996. These samples were characterised by air mass back trajectories, because contrasting aerosol sources (urban and crustal) are apparent in this region. Trace metal (Cu, Pb and Zn) seawater solubility studies …

A Structural Equation Model Examining The Effects Of Gulf War Stress Exposure On Subsequent Mental And Physical Health Problems Among Gulf War Veterans, Frank J. Kenny

Theses and Dissertations

The goal of this dissertation is to better understand the complex relationship between the stresses encountered by US. service personnel during the Gulf War and eventual physical and psychological health outcomes among its veterans. By developing and validating a stress model using structural equation modeling techniques, it is hoped that knowledge regarding wartime stress and its potential impact on the health of veterans will be gained. This knowledge can be used to guide future policy decisions on how to minimize the deleterious health consequences associated with deployment and combat, as well as furnishing a basis for future studies that examine …

The End Of Legitimacy, Mary Ellen O'Connell

Journal Articles

IRAQ: ONE YEAR LATER

INTRODUCTORY REMARKS by Mary Ellen O'Connell, 261

THE USE OF FORCE IN IRAQ: ILLEGAL AND ILLEGITIMATE by Anne-Marie Slaughter, 262-63

THE IRAQ WAR AND THE FUTURE OF INTERNATIONAL LAW by Richard Falk, 263-66

THE ROLE OF INTERNATIONAL LAW AND THE UN AFTER IRAQ by Thomas M Franck, 266-69

THE END OF LEGITIMACY by Mary Ellen O'Connell, 269-70

THE PROBLEMS OF LEGITIMACY-SPEAK by James Crawford, 271-73

Iraq: One Year Later, Mary Ellen O'Connell

Journal Articles

Almost exactly one year ago, during her presidential speech at the 2003 Annual Meeting of the American Society of International Law, Anne-Marie Slaughter spoke of the use of force that began in Iraq shortly before that Annual Meeting. She concluded that the war was unlawful but nevertheless potentially legitimate. That conclusion provoked a great debate from the moment her speech ended. Our purpose today is to take up that debate.

The Modern Version Of The Shot Heard 'Round The World: America's Flawed Revolution Against The International Criminal Court And The Rest Of The World, Sasha Markovic

Cleveland State Law Review

At a conference in Rome, nations from around the globe created the International Criminal Court to hold accountable and punish those responsible for genocide, war crimes and crimes against humanity. When the moment of truth arrived for the United States, the United States opposed the formation of the International Criminal Court. Moreover, in response to the existence of the Court, the United States took measures to insulate itself from the jurisdiction of the Court by enacting the American Servicemembers' Protection Act. The United States justified its opposition and actions against the Court by stating that the Court was a fatally …

The Augustinian Just War Tradition And The Problem Of Pretext In Humanitarian Intervention, Thomas H. Lee

Fordham International Law Journal

I will try to show how the present laws of war might be viewed as consistent with the Augustinian just war tradition. The modern international legal regime, codified in the Charter of the United Nations ("U.N. Charter"), permits States to engage in war only in "individual or collective self-defense if an armed attack occurs against a Member of the United Nations;" or pursuant to a determination by the U.N. Security Council of "existence of any threat to the peace, breach of the peace, or act of aggression," and Security Council authorization of the use of force "to maintain or restore …

Nationalizing International Criminal Law: The International Criminal Court As A Roving Mixed Court, Jenia Iontcheva

Public Law and Legal Theory Working Papers

No abstract provided.

Submajority Rules (In Legislatures And Elsewhere), Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

Avantgarda In Medijske Umetnosti, Curtis Carter

Philosophy Faculty Research and Publications

No abstract provided.