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Articles 211 - 231 of 231
Full-Text Articles in Law
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The end of the Cold War has inaugurated a new era in international politics. The familiar terrain of the last half century has given way to a world that is, in many ways, more complex and turbulent. Regional conflicts, civil wars, ethnic strife, genocide, and humanitarian emergencies have exploded across the globe. As crises such as those in Bosnia, Somalia, and Haiti have unfolded, the international community increasingly has looked to the United States-as the last remaining superpower- to provide leadership and resources in a broad array of conflict situations.
Law Reform In Estonia: The Role Of Georgetown University Law Center, J. Peter Byrne, Philip G. Schrag
Law Reform In Estonia: The Role Of Georgetown University Law Center, J. Peter Byrne, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
On June 19, 1992, we and seven other members of the Georgetown University Law Center community landed in Tallinn, the capital of Estonia, to help the Estonian government draft laws to support a market economy. Our group consisted of six students, two professors, and an alumnus. The country to which we had come had declared its independence from the Soviet Union less than one year before. After fifty years of imposed communism, the Estonian leaders wanted to understand and adopt the basic foundations for a Western legal system that would support democratic and market institutions.
The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez
The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
When the United States ratified the 1967 U.N. Protocol Relating to the Status of Refugees (Protocol), it undertook not to "expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened" on specified grounds. On May 24, 1992, President Bush issued an executive order, known as the Kennebunkport Order, authorizing the United States Coast Guard to interdict vessels on the high seas suspected of containing Haitians destined for U.S. shores and to return such persons to Haiti without regard to whether their lives or freedom would …
International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss
International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
In 1972 international environmental law was a fledgling field with less than three dozen multilateral agreements. Today international environmental law is arguably setting the pace for cooperation in the international community in the development of international law. There are nearly nine hundred international legal instruments that are either primarily directed to international environmental issues or contain important provisions on them. This proliferation of legal instruments is likely to continue. Therefore, it is important to assess what we have done and explore where we are headed.
Parsing Good Faith: Has The United States Violated Article Vi Of The Nuclear Non-Proliferation Treaty?, David A. Koplow
Parsing Good Faith: Has The United States Violated Article Vi Of The Nuclear Non-Proliferation Treaty?, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The Nuclear Non-Proliferation Treaty (NPT) has long been the cornerstone of the international effort to retard the spread of nuclear weaponry to additional countries, now appreciated as the greatest post-cold war threat to international peace and security. Under this treaty, the parties also undertook to pursue in good faith additional negotiations leading to further reductions in nuclear weapons-and, in fact, such subsequent bargaining has recently yielded dramatic, far-reaching successes. Professor Koplow, however, argues that in one crucial respect, the United States has been derelict in implementing the obligations of the NPT: Recent American presidents have rigidly refused to participate in …
Bonehead Non-Proliferation, David A. Koplow
Bonehead Non-Proliferation, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The Review and Extension Conference of the Non-Proliferation Treaty (NPT) will convene in 1995. The primary issue to be considered at the Extension Conference is whether the NPT, universally regarded as the most important bulwark against the spread of nuclear weaponry, should remain in force. In this article, David A. Koplow argues that the United States must negotiate a Comprehensive Test Ban Treaty (CTBT) in order to maintain the non-proliferation regime and promote its own long-run security interests
Rethinking War Powers: Congress, The President, And The United Nations, Jane E. Stromseth
Rethinking War Powers: Congress, The President, And The United Nations, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The division of war powers between Congress and the President has never been free of ambiguity or tension. The Constitution grants Congress the power to declare war, to raise and support armies, to provide and maintain a navy, and to make rules for the regulation of those armed forces. The President, on the other hand, is the Commander in Chief of U.S. armed forces. Most scholars agree that the framers sought to strike a balance: the President alone could not commence "war," but he could use force to "repel sudden attacks" on the United States or its armed forces. Reacting …
Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss
Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.
The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow
The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …
When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow
When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The tempest over the proposed "reinterpretation" of the Anti- Ballistic Missile Treaty has only barely been stilled, and the full impact of the dissolution and reorganization of the Soviet Union is far from clear. But already we can detect early warnings about the next probable source of intense constitutional conflict between the American executive branch and the Congress in their ongoing struggle for primacy in the conduct of United States foreign relations. This imminent battle-again arising in the context of disarmament treaties, perhaps the most controversial and crucial aspect of America's international public policy-has not yet been fully joined. But …
Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez
Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the "supreme Law of the Land" and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. …
The North Atlantic Treaty And European Security After The Cold War, Jane E. Stromseth
The North Atlantic Treaty And European Security After The Cold War, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The recent dramatic events in Europe, notably the reunification of Germany, the collapse of Communist rule in Eastern Europe and the Soviet Union, the start of Soviet troop withdrawals, and the demise of the Warsaw Pact, represent an historic political triumph for the countries of the North Atlantic Alliance. At the same time, these developments have called into question the Alliance's continued relevance in a radically new environment.
Back To The Future And Up To The Sky: Legal Implications Of ‘Open Skies’ Inspection For Arms Control, David A. Koplow
Back To The Future And Up To The Sky: Legal Implications Of ‘Open Skies’ Inspection For Arms Control, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The United States, the Soviet Union, and their respective allies are currently engaged in the negotiation of a new arms control agreement on "Open Skies," reviving a failed concept from the 1950s. The treaty would permit each country to overfly the others on short notice and with great frequency, and to use diverse, sophisticated sensors to photograph key military and defense-related installations. This type of mutual intelligencegathering arrangement offers great advantages for national security and global stability, reducing the possibility of surprise attack and accordingly mitigating the necessity for maintaining large, offsetting military deployments. At the same time, however, the …
Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow
Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow
Georgetown Law Faculty Publications and Other Works
Chemical warfare has long been considered a particularly loathsome form of combat. The specter of unprotected soldiers and nearby noncombatants incapacitated or killed within moments by invisible, silent, odorless vapors discharged by a far-distant enemy has terrified many, and has also energized repeated international attempts to prohibit, or at least to moderate, these applications of deadly science.
Our Rights And Obligations To Future Generations For The Environment, Edith Brown Weiss
Our Rights And Obligations To Future Generations For The Environment, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
We read every day about the desecration of our environment and the mismanagement of our natural resources. We have always had the capacity to wreck the environment on a small or even regional scale. Centuries of irrigation without adequate drainage in ancient times converted large areas of the fertile Tigris-Euphrates valley into barren desert. What is new is that we now have the power to change our global environment irreversibly, with profoundly damaging effects on the robustness and integrity of the planet and the heritage that we pass to future generations.
Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow
Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow
Georgetown Law Faculty Publications and Other Works
A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.
Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow
Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The United States and the Soviet Union recently signed a treaty that eliminates an entire class of nuclear arms, and allows more intrusive verification procedures than ever before. As technology improves and verification becomes even more central in arms control negotiations, Professor Koplow warns that the United States Constitution limits the types of verification procedures to which the United States can agree. After reviewing existing United States-Soviet Union arms control treaties and agreements, Professor Koplow examines potential verification procedures in light of the fourth amendment's protection of United States citizens from government intrusion. He argues that although many contemplated verification …
Policy, Procedures, And People: Governmental Response To A Privately Initiated Nuclear Test Monitoring Project As A Case Study In National Security Decision-Making, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
This article applies the Allisonian framework to the U.S. Government's response to a private arms control initiative undertaken in 1986 by the Natural Resources Defense Council (NRDC), an environmental organization. This case lends itself to fruitful analysis for several reasons. First, while it fits the criteria for second-level decisions, it also involves a critical area of international relations-the control of nuclear weapons. Second, the involvement of numerous government agencies in the project presents ample opportunity to examine processes within and among agencies. Third, the reaction of the United States appears, at first blush, to have been ambivalent or inconsistent, for …
International Law’S Contributions To Peace, Barry E. Carter
International Law’S Contributions To Peace, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
The progressive development of international law has helped move the world forward in a wide variety of ways along the paths to peace. It is a story that is often not understood or appreciated.
Looking For A Better Way: The Sanction Laws Of Key U.S. Allies, Barry E. Carter
Looking For A Better Way: The Sanction Laws Of Key U.S. Allies, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
When it comes to imposing economic sanctions for foreign policy purposes, the Chief Executives of the United Kingdom, West Germany, andJapan have broad authority to control their respective countries' exports, imports, and private financial transactions. This authority differs from that of the U.S. President who, under present U.S. law, has wide discretion to cut off almost all exports, but has only limited control over imports and over foreign loans by private U.S. banks. This is in the absence of a declared national emergency, where the President has sweeping powers.
Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen
Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of I he officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and …