Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros
Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros
N. Micheli Quadros
The preamble of the United Nations' Charter (hereinafter UN Charter) presents its members declaration under which justice and respect for international law and the international community is supposed to be maintained. To date, the United Nations (UN) has failed to ensure international peace by allowing powerful states to infringe upon other nations’ territorial integrity and manipulate individuals to exercise their right of self-determination.
Outdated, redundant and vague provisions that proved their inefficiency have plagued the UN Charter. Chapter I, Art 1 § 2 of the UN Charter, states that one of the main purpose of the UN is “to develop …
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
International Law Studies
The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …
Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.
Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Georgia Journal of International & Comparative Law
No abstract provided.
Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust
Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf
Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf
Georgia Journal of International & Comparative Law
No abstract provided.
Panel I--General Discussion, Georgia Journal Of International And Comparative Law
Panel I--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
Law Faculty Articles and Essays
This Article argues toward the necessity to develop a new international law framework on secession. The development of such a normative framework is necessary in order to address various secessionist situations around the globe and to replace the resolution of secessionist struggles through politics of the Great Powers with true legal norms.
This Article first analyzes several examples of successful and failed secessions in recent history. Next it focuses on existing international law on the subject matter of secession and concludes that existing norms are insufficient and indefinite. Finally, it develops a new proposed framework on secession, which attempts to …
The Doctrine Of Legitimate Defense, Jens Ohlin
The Doctrine Of Legitimate Defense, Jens Ohlin
International Law Studies
The following article reorients mainstream conceptions of self-defense by defending a broader doctrine of legitimate defense that, in limited circumstances, justifies unilateral intervention. The source of the doctrine is natural law, which was explicitly incorporated into the text of UN Charter Article 51. The effect of this incorporation was to preserve, as a carve-out from the prohibition against force in Article 2, the natural law rights of defensive force. Specifically, the Article concludes that defensive force under natural law included, in extreme situations, a right of intervention in rogue States that refused to comply with natural law.
Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake
Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake
Georgia Journal of International & Comparative Law
No abstract provided.
Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler
Georgia Journal of International & Comparative Law
No abstract provided.
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
ILSA Journal of International & Comparative Law
Salman Rushdie, the famous novelist, wrote" Shalimar the Clown": "Why not just stand still and draw a circle round your feet and name that Selfistan?"
Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong
Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong
ILSA Journal of International & Comparative Law
Self-determination movements are global phenomena that perpetually tug at the strings of a world order based on the principles of sovereignty and territorial integrity.
Earned Sovereignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul Williams, Carlie Armstrong, Abigail Avoryie
Earned Sovereignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul Williams, Carlie Armstrong, Abigail Avoryie
Articles in Law Reviews & Other Academic Journals
There are over seventy active self-determination movements around the globe, and this trend seems far from dissipating. Many of these self-determination movements generate sovereignty-based conflicts characterized by extreme violence on the part of both the parent state and the sub-state entity, and by the potential for regional and international instability.
In order to successfully resolve the persistent and growing number of violent and non-violent sovereignty-based conflicts, this article calls for the international community to develop a strategic framework to guide resolution of these conflicts. Currently, no comprehensive strategic framework for managing self-determination exists. The status quo promotes a nebulous approach …
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law
On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.
This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …