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Full-Text Articles in Law

Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl Jan 2018

Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl

Scholarly Articles

This epilogue unpacks the return of convicted war criminals as homecomings, with all the attendant rites, rituals, and expectations. Knotting together the various papers in this edited collection, this paper examines how the international community constructs an ideal homecoming and, in turn, how such a construction may simply be fanciful.


Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl Jan 2018

Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl

Scholarly Articles

Weiss-Wendt’s book unpacks what happened to “genocide” as it journeyed along this path of codification. To be clear, codification was conditioned by compromise among states; and states were often motivated by Cold War selfishness, spite, manipulation, and machination. The Convention narrowed—and even mangled—the set of protected groups to national, ethnic, racial, and religious. The Convention, moreover, limited the recognized forms that genocide could take. The title of Weiss-Wendt’s book reflects its argument that the expansiveness of genocide as an idea was “gutted” in the process of codifying it in an international treaty.


Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl Jan 2018

Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl

Scholarly Articles

Why do truth commissions emerge following some conflicts but not others? Jamie Rowen tackles this question in Searching for Truth in the Transitional Justice Movement. Rowen approaches this topic through a detailed study of three jurisdictions: the former Yugoslavia, Colombia, and the United States. Although truth commissions did progress in Colombia, they stalled in both the former Yugoslavia in the wake of the Balkan Wars as well as in the United States in regard to the conduct of US officials after the events on 11 September 2001. Rowen unpacks what happened and what failed to happen — and why …


International Law And The Balfour Decision, Geoffrey R. Watson Jan 2018

International Law And The Balfour Decision, Geoffrey R. Watson

Scholarly Articles

The Balfour Declaration had enormous political significance, but did it have any legal force? Was it legally binding, exposing Britain to legal remedies for its breach, or was it merely an expression of policy that could be disregarded without legal consequences? These questions are of intense interest to legal historians, but they also have contemporary political relevance. The issue is not so much whether Britain might be liable to the Palestinians for failing to safeguard the “civil and religious rights” of non-Jewish residents of Palestine, though that is a theoretical possibility. Instead, the question is whether the Declaration is legally …


“Let Them Eat Cake”: Examining United States Retirement Savings Policy Through The Lens Of International Human Rights Principles, Regina T. Jefferson Jan 2018

“Let Them Eat Cake”: Examining United States Retirement Savings Policy Through The Lens Of International Human Rights Principles, Regina T. Jefferson

Scholarly Articles

This article uses an international human rights framework to analyze and critique the effectiveness of the United States' retirement system and its underlying policies. The article challenges the ongoing pension reform debate to include considerations outside traditional economic theory, such as income inequality, the dignity of the elderly, and the irreducible mutuality of people. While a human rights analysis will not yield a precise policy prescription for the retirement savings crisis, it will serve as an additional framework within which the government's economic and social policies regarding the treatment of the elderly can be evaluated, expanding the focus and range …