Digital Commons Network^™

The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen

Vanderbilt Journal of Transnational Law

One of the constant elements of warfare is its degrading effects on the environment. Many writers blame this destruction of the environment on inadequate standards in the international law of environmental warfare. To remedy this shortfall, the international law of environmental warfare should be categorized as either passive or active environmental warfare. Active environmental warfare requires the intentional "use" of the environment as a weapon of waging armed conflict. Passive environmental warfare includes acts not specifically designed to "use" the environment for a particular military purpose but that have a degrading effect on the environment. Passive environmental warfare violates international …

Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy

War Crimes Memoranda

No abstract provided.

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.

What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat

War Crimes Memoranda

No abstract provided.

Developing A Flexible And Expressive Realtime Polyphonic Wave Terrain Synthesis Instrument Based On A Visual And Multidimensional Methodology, Stuart G. James

Theses: Doctorates and Masters

The Jitter extended library for Max/MSP is distributed with a gamut of tools for the generation, processing, storage, and visual display of multidimensional data structures. With additional support for a wide range of media types, and the interaction between these mediums, the environment presents a perfect working ground for Wave Terrain Synthesis. This research details the practical development of a realtime Wave Terrain Synthesis instrument within the Max/MSP programming environment utilizing the Jitter extended library. Various graphical processing routines are explored in relation to their potential use for Wave Terrain Synthesis.

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.

The Long Arm Of The European Convention On Human Rights And The Recent Development Of Issa V. Turkey, Tarik Abdel-Monem

Human Rights Brief

No abstract provided.

Directions Of Dissertation Research At Universities Preparing Future Technology Education Teacher Educators, David A. Sontos

OTS Master's Level Projects & Papers

The following goals were established to explore the dissertation directions and maintain focus on the problem: 1) determine if university faculties had focused research agendas in technology education teacher preparation for doctoral studies and what they were; 2) determine if university programs in technology education teacher preparation allowed students to determine their individual research dissertations and what they were.

Spain Gazing: Postcolonial Aspirations, Neocolonial Systems And Postponed Reckonings - Queries From The Margins, Francisco Valdes

Articles

No abstract provided.

Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban

Georgetown Law Faculty Publications and Other Works

Some crimes are so odious that committing them makes one hostis generis humani (an enemy of all mankind). Intuitively, the idea of a universal enemy implies the possibility of universal criminal jurisdiction (UCJ). As Luc Reydams notes, the notion of UCJ originated in the 16th century with Covarruvias, although the idea is better known through Grotius's famous assertion that every state has jurisdiction over "gross violations of the law of nature and of nations, done to other states and subjects" (De Jure Belli ac Pacis, AC Campbell trans., II.20.VII). For many years piracy was the only recognized UCJ crime, not …

Tangled Up In Khaki And Blue: Lethal And Non-Lethal Weapons In Recent Confrontations, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Too often, military and law enforcement authorities have found themselves constrained by inadequate weaponry: the tools available to them, in addressing confrontations with entrenched opponents of various sorts, are either too weak (not sufficing to disarm or defeat the enemy) or too strong (generating unacceptable "collateral damage" in harming innocent people or property). An emerging category of "non-lethal weapons" carries promise for resolving this dilemma, proffering deft new capabilities for disabling, dissuading, or defeating opponents without inflicting death or permanent injury.

Some primitive non-lethal weapons (such as truncheons, tear gas, and water cannon) have long been staples in the inventories …

Introduction: Global Challenges And The Role Of International Law, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

It is hard to imagine a more important or timely topic than the one chosen by the Georgetown Journal of International Law for this symposium: "The United States and International Law: Confronting Global Challenges." Whether one focuses on critical national security issues, international trade, protecting human rights, or helping to rebuild war-torn societies, decisions made by U.S. officials take place in a global context. In this context, international law affirms basic rules and standards, which can help to protect U.S. interests and values, and international institutions frequently play a significant role in coordinating the support and resources of many states …

Neutralizing Grutter, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Part I of this article argues that the Supreme Court lacks the institutional competence to formulate racial policy for the nation, and highlights the tension that exists between the Court's abstract preference for race neutrality and the concrete reality of contemporary race relations, in which dedicated efforts to promote racial balance offer the only meaningful hope of eliminating systemic discrimination. Part II discusses moderate strategies that can be used to deflect the impact of Grutter’s prohibition on racial balance, suggesting that racial balancing can be restructured in ways that the Supreme Court may view as constitutional. Part III discusses …

Taxonomy Of Systems-Of-Systems, James Gideon, Cihan H. Dagli, Ann K. Miller

Engineering Management and Systems Engineering Faculty Research & Creative Works

The study of systems-of-systems is an increasingly important topic in systems engineering. Though there is not complete agreement, a more precise definition of what these highly evolved systems are and what attributes they possess has certainly emerged. However, there are still areas in the study where the topic can be advanced by a more rigorous presentation of the basic elements. One such area is the taxonomy of systems-ofsystems. This paper will begin with the definition of systems-of-systems as it currently stands and will present the taxonomy from a broader view with additional considerations for classification. These taxonomic categories will consider …

A Generic, Adaptive Systems Engineering Information Model I, Ann K. Miller, Joseph J. Simpson, Scott Erwin Grasman, Cihan H. Dagli

Engineering Management and Systems Engineering Faculty Research & Creative Works

This paper proposes a new network centric architecture that can be used by first responders to effectively respond to crisis situations. The powerful network-centric concept originally developed for and mainly used in the military environment, can be effectively used for civilian security and emergency response missions. This paper also proposes the use of a swarm of intelligent robots as a part of the network-centric architecture to aid the first responders. The swarm of robots works in tandem with the first responders and provides them with the necessary information on a real time basis. The proposed network centric architecture with a …

International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer

Oklahoma Law Review

No abstract provided.

Balancing Security And Human Rights: Post 9/11 Reactions In United States And Europe, Chiara Giorgetti

Law Faculty Publications

The acts of 11 September 2001 demonstrated how vulnerable civilians are; in any part of the world, to terrorist attacks. This awareness led to a determined response by the international community to fight international terrorism iri all its forms. As governments and international organizations alike reevaluated the effectiveness and appropriateness of their counter-terrorist measures, the challenge emerged of conducting the fight against terrorism while respecting human rights and civil liberties. In fact, the wide consensus that actions are necessary to confront terrorism does not undermine the necessity to balance human rights considerations and preserve the democratic process.

As portrayed throughout …

Modern German Universities And Their Historians Since The Fall Of The Wall, Charles E. Mcclelland

History Faculty Publications

A critical collective evaluation of recently-published works on German universities.

Am I An Albanian American, Katherine Gregory

Publications and Research

No abstract provided.

The Law And Politics Of Contemporary Transitional Justice, Ruti G. Teitel

Articles & Chapters

Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.
/="/">
/="/">In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct …

Une Société Nouvelle: The Decline Of The Gaullist Party And France's Move To The Left, Neal A. Novak

LSU Master's Theses

This thesis is concerned with French politics in the thirteen years after 1968. After the wave of street demonstrations, seizure of schools, and worker sit-ins that beset the country in May of that year, many people in France became convinced of the need to alter the political status quo. In the years that followed, the country’s largest and most dominant political grouping, the Gaullist party, experienced a dramatic loss of electoral support. Between 1968 and 1981, the Gaullists lost control of the National Assembly, the premiership, and the presidency. By May 1981, France’s Fifth Republic was governed by a leftist …

Terrorism And The Laws Of War, Eric A. Posner

Chicago Journal of International Law

My argument has three steps. First, I discuss the purposes of the laws of war, and argue that humanitarian considerations provide only an ambiguous rationale for limiting the weapons and tactics of warfare. Second, I discuss why some weapons and tactics are outlawed while others are not, and argue that humanitarian ideals cannot, by themselves, explain the pattern. The best explanation focuses on the enforceability of laws. I identify two conditions under which belligerents would agree on a law of war, and would be willing to comply with their agreement. The symmetry condition requires that the laws of war generate …

Recalling The Case For Sovereignty, Jeremy A. Rabkin

Chicago Journal of International Law

In the spring of 2004, the question was whether forces of the American-led coalition in Iraq would fall under the direct control of the ostensibly "sovereign" government of Iraq. The United States has not been willing to put its forces under foreign control in the past and was not willing to do so in Iraq. If the interim government in Iraq, however, was heavily dependent on security assistance from coalition forces-in facing threats from an insurgency on its own territory-then it might seem a bit odd to insist that this vulnerable and dependent Iraqi government was entirely "sovereign." The same …

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- …

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 …

Wireless Communications And Computing At A Crossroads: New Paradigms And Their Impact On Theories Governing The Public's Right To Spectrum Access, Patrick S. Ryan

Colorado Technology Law Journal

No abstract provided.

Questioning Just War Theory, Harry Van Der Linden

Scholarship and Professional Work - LAS

Review of: "Michael Walzer, Arguing About War. New Haven: Yale University Press, 2004. Pp. 208. Cloth, $25.00. ISBN: 0-300-10365-4."

Clinton And Bush Administrations' Nuclear Non-Proliferation *Policies On North Korea: Challenges And Implications Of Systemic And Domestic Constraints, Gunsik Kim

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study compared and evaluated the conduct of US policies towards North Korea in order to address the North Korean nuclear threat under the Clinton (1993--2000) and the Bush (2001--2004) administrations. The capabilities of the two administrations to carry out their preferred policies toward the global threat were evaluated in view of the systemic and domestic constraints that they faced. Domestic constraints identified were the US Congress, American political culture and public opinion and bureaucratic problems. Systemic constraints were the lack of coordination and differences in policy frameworks of South Korea, Japan, China and Russia, and the difficulty of dealing …

Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly

Fordham International Law Journal

On July 9, 2004, the International Court of Justice (“ICJ”) handed down an Advisory Opinion concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. In producing the Opinion, the Court traversed issues concerning its jurisdiction to deal with the request, the applicable law, the adherence by Israel to that law, the right of self-defense and the consequences of its findings of unlawfulness. It is well known that the long running issue of Israeli and Palestinian reconciliation is a politically heated one and the work of the ICJ has not been immune from the effects …