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2005

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Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski Jan 2005

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …

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Be Reasonable! Thoughts On The Effectiveness Of State Criticism In Enforcing International Law, Michael Y. Kieval Jan 2005

Be Reasonable! Thoughts On The Effectiveness Of State Criticism In Enforcing International Law, Michael Y. Kieval

Michigan Journal of International Law

This Note examines the effectiveness of diplomatic criticism in enforcing international law, particularly in the counter-terrorism (or anti-insurgency) context. It is not concerned with determining what international law does or does not "in fact" allow States to do in combating terrorism and other existential threats.

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Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek Jan 2005

Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek

Michigan Journal of International Law

The main topic of this Note is the compatibility of unilateral humanitarian intervention with Article 2(4) of the U.N. Charter (the Charter). Through its interpretation, the author will attempt to discover whether the Grotian idea of unilateral humanitarian intervention can survive in the environment of contemporary international law without its "just war appendix." This Note will separate this idea from its "just war justification" and approach the question of the compatibility of such intervention with the Charter as a legal positivist. In the interpretation of Article 2(4) of the Charter, this Note will try to avoid moral principles. Instead, it …

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Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George Jan 2005

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George

Michigan Journal of International Law

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …

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The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster Jan 2005

The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster

University of Miami International and Comparative Law Review

No abstract provided.

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Four Models Of Equality, Po-Jen Yap Jan 2005

Four Models Of Equality, Po-Jen Yap

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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People Shall Dwell Alone: The Effect Of Transfrontier Broadcasting On Freedom Of Speech And Information In Israel, Amit M. Schejter Jan 2005

People Shall Dwell Alone: The Effect Of Transfrontier Broadcasting On Freedom Of Speech And Information In Israel, Amit M. Schejter

North Carolina Journal of International Law

No abstract provided.

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Civil Litigation Arising From False Statements On China's Securities Market, Sanzhu Zhu Jan 2005

Civil Litigation Arising From False Statements On China's Securities Market, Sanzhu Zhu

North Carolina Journal of International Law

No abstract provided.

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National Identity And Liberalism Law: Three Models, Justin Desautels-Stein Jan 2005

National Identity And Liberalism Law: Three Models, Justin Desautels-Stein

North Carolina Journal of International Law

No abstract provided.

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Resolving South Korea's Credit Card Hangover: An Analysis Of The Individual Debtor Rehabilitation Act, Jasper S. Kim Jan 2005

Resolving South Korea's Credit Card Hangover: An Analysis Of The Individual Debtor Rehabilitation Act, Jasper S. Kim

North Carolina Journal of International Law

No abstract provided.

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Embryonic Stem Cell Research: A Comparative Study Of The Philosophies Of The United States And The United Kingdom, George Kanellopoulos Jan 2005

Embryonic Stem Cell Research: A Comparative Study Of The Philosophies Of The United States And The United Kingdom, George Kanellopoulos

Journal of International Business and Law

No abstract provided.

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Bridging The Gap In The Hopes Of Ending Female Genital Cutting, Kirsten Bowman Jan 2005

Bridging The Gap In The Hopes Of Ending Female Genital Cutting, Kirsten Bowman

Santa Clara Journal of International Law

The practice of female genital cutting (FGC) has been criticized and debated within the international legal community for years. However, the argument between cultural relativism and universalism drowns out the important issues regarding the practice and its effects on women and girls. Within this debate the UN plays an integral role and this comment seeks to analyze that role. The author explains the practice of FGC, its effects, and its current legal standing globally. She then seeks to analyze western attempts to end the practice of FGC and the role that both universalists and cultural relativists play in that effort. …

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Humanitarian Law And Direct Participation In Hostilities By Private Contractors Or Civilian Employees, Michael N. Schmitt Jan 2005

Humanitarian Law And Direct Participation In Hostilities By Private Contractors Or Civilian Employees, Michael N. Schmitt

Chicago Journal of International Law

Over the past decade, many military affairs analysts have touted the advent of a "revolution in military affairs." Although generally framed in the context of those technological advances that make possible four-dimensional, network- centric warfare, it is the dramatic "civilianization" of conflict that may prove normatively more revolutionary. In no conflict has the civilian footprint supporting military operations been larger than in Iraq. This paper begins by examining civilian employee and private contractor involvement in Operation Iraqi Freedom ("OIF") as a case study in the contemporary nature of such participation. It then assesses the possibility of either de jure or …

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Preemption And Law In The Twenty-First Century, David B. Rivkin Jr., Lee A. Casey, Mark W. Delaquil Jan 2005

Preemption And Law In The Twenty-First Century, David B. Rivkin Jr., Lee A. Casey, Mark W. Delaquil

Chicago Journal of International Law

No aspect of the Bush Administration's foreign policy has caused greater consternation in Europe, at the United Nations, and among the Academy than the doctrine of "preemption." As the President has made clear, both in the 2002 National Security Strategy of the United States of America ("NSS") and in numerous other public statements, the United States claims the legal right to take military action to preempt gathering threats to its national security, with or without the sanction of the UN Security Council. Despite the outraged cries of critics, both at home and abroad, the doctrine of preemptive self-defense is well- …

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Treaties, Custom, Iteration, And Public Choice, John K. Setear Jan 2005

Treaties, Custom, Iteration, And Public Choice, John K. Setear

Chicago Journal of International Law

The basic question asked in this paper can be simply stated. Assume that, in attempting to effect international legal cooperation, a national government consciously chooses between using treaties and using customary law as the form in which to embody its cooperative efforts. Which form of international law should we expect it to choose? I analyze this question using two approaches that may be termed "rational choice" methodologies since they assume that the relevant decisionmakers rationally pursue known goals. The first approach, which I call the "iterative perspective," focuses on the efforts of a rational, public-minded government to minimize the transaction …

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Table Of Contents, Cjil Editors Jan 2005

Table Of Contents, Cjil Editors

Chicago Journal of International Law

No abstract provided.

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To What Ends: Educational Reform Around The World, Robert F. Arnove Jan 2005

To What Ends: Educational Reform Around The World, Robert F. Arnove

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

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The Language Of Higher Education Assessment: Legislative Concerns In A Global Context, Bonnie Urciuoli Jan 2005

The Language Of Higher Education Assessment: Legislative Concerns In A Global Context, Bonnie Urciuoli

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

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Reflection On Criminal Justice Reforms In Chile, James P. Carey Jan 2005

Reflection On Criminal Justice Reforms In Chile, James P. Carey

Loyola University Chicago International Law Review

No abstract provided.

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The European Union's New Role In International Private Litigation, Ronald A. Brand Jan 2005

The European Union's New Role In International Private Litigation, Ronald A. Brand

Loyola University Chicago International Law Review

No abstract provided.

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We Pay - The Economic Manipulation Of International And Domestic Laws To Sustain Sex Trafficking, Hanh Diep Jan 2005

We Pay - The Economic Manipulation Of International And Domestic Laws To Sustain Sex Trafficking, Hanh Diep

Loyola University Chicago International Law Review

No abstract provided.

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The Law And Culture Of The Apology In Korean Dispute Settlement (With Japan And The United States In Mind), Ilhyung Lee Jan 2005

The Law And Culture Of The Apology In Korean Dispute Settlement (With Japan And The United States In Mind), Ilhyung Lee

Michigan Journal of International Law

This Article addresses the apology in civil dispute settlement in Korea, Japan's neighbor across the East Sea, using the U.S.-Japan comparative discussion as a helpful frame of reference. Part I provides the necessary background on the meaning of the apology and the leading commentary along the U.S.-Japan axis, beginning with the work of Wagatsuma and Rosett. Culture appears in this discussion in two regards. First, a question arises as to whether the very meaning of the apology as noted in the commentary reflects the U.S. cultural orientation, or instead has universal application. Second, some argue that cultural norms explain the …

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Saving Customary International Law, Andrew T. Guzman Jan 2005

Saving Customary International Law, Andrew T. Guzman

Michigan Journal of International Law

This Article offers a theory of CIL-one that provides a firm and modem theoretical foundation for the analysis of custom. Though this is not the first article to propose a view of CIL through a rational choice lens, it is the first to map out a general theory of CIL based on such a model.

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Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane Jan 2005

Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane

Case Western Reserve Journal of International Law

No abstract provided.

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Will Saddam Hussein Get A Fair Trial, Michael P. Scharf, Curtis F.J. Doebbler, Hiram E. Chodosh Jan 2005

Will Saddam Hussein Get A Fair Trial, Michael P. Scharf, Curtis F.J. Doebbler, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

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Enshrining A Secular Idol: A Judicial Response To The Violent Aftermath Of Ayodhya, Sheetal Parikh Jan 2005

Enshrining A Secular Idol: A Judicial Response To The Violent Aftermath Of Ayodhya, Sheetal Parikh

Case Western Reserve Journal of International Law

No abstract provided.

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Looting Of Iraqi Art: Occupiers And Collectors Turn Away Leisurely From The Disaster, Amy E. Miller Jan 2005

Looting Of Iraqi Art: Occupiers And Collectors Turn Away Leisurely From The Disaster, Amy E. Miller

Case Western Reserve Journal of International Law

No abstract provided.

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Federal Preemption In An Age Of Globalization, Ryan Patton Jan 2005

Federal Preemption In An Age Of Globalization, Ryan Patton

Case Western Reserve Journal of International Law

No abstract provided.

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A European Point Of View On The Ali Principles - Intellectual Property: Principles Governing Jurisdiction, Choice Of Law, And Judgments In Transnational Disputes, Francois Dessemontet Jan 2005

A European Point Of View On The Ali Principles - Intellectual Property: Principles Governing Jurisdiction, Choice Of Law, And Judgments In Transnational Disputes, Francois Dessemontet

Brooklyn Journal of International Law

No abstract provided.

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Intellectual Property Politics And The Private International Law Of Copyright Ownership, Graeme W. Austin Jan 2005

Intellectual Property Politics And The Private International Law Of Copyright Ownership, Graeme W. Austin

Brooklyn Journal of International Law

No abstract provided.

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