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Full-Text Articles in Law

From Dyad To Triad: Reconceptualizing The Lawyer-Client Relationship For Litigation In Regional Human Rights Commissions, Melissa E. Crow Jan 2005

From Dyad To Triad: Reconceptualizing The Lawyer-Client Relationship For Litigation In Regional Human Rights Commissions, Melissa E. Crow

Michigan Journal of International Law

This Article analyzes the standing requirements for NGO petitions to the Inter-American and African Commissions and explores the ways which they may undermine the legitimacy and effectiveness of each of these for a, especially in the context of litigation on behalf of groups. The author evaluates various proposals for addressing these problems based on princeiples of class action and client-centered lawyering and concludes that they are inadequate.


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 …


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 …


Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner Jan 2005

Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner

Reviews

For centuries, moral philosophers have regarded ethics and justice in the international plane as part of their domain. The move from the personal to the societal or national to the global seems effortless. In recent years, philosophers in ethics have devoted considerable attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits better treatment of an individual’s co-nationals; while those in politics have revisited issues of international justice through, for instance, works on human rights and just war theory. These two bodies of work both address what constitutes a just world and what role the …