Law Commons^™

Framing The Responsibility To Protect Doctrine As A Means Of Legal And Moral Intervention With Universal Jurisdiction Legal Obligations Of The Responsibility To Protect Doctrine And Universal Civil Jurisdiction In The Syrian Civil War Crisis, David Satnarine

David Satnarine

No abstract provided.

After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner

Michigan Journal of International Law

It is a great honor for me to be here to deliver the John Humphrey Lecture. Humphrey led one of those lives within the UN that shaped what the organization has become today—as one of the first generation of UN civil servants, he was to human rights what Ralph Bunche was to peacekeeping, or Brian Urquhart to UN mediation. To read his diaries, so beautifully edited by John Hobbins, is to see a world that has in many ways vanished, a nearly entirely male club, mostly of Westerners, that hammered out new treaties and mechanisms over fine wine and cigars …

Review Of “Interventions: A Life In War And Peace”, By Kofi A. Annan, Njunga Michael Mulikita

Southern African Journal of Policy and Development

This book offers a highly informative account of the life story of the seventh UN Secretary-General, Kofi Atta Annan, the first Sub-Saharan African UN Chief to emerge from within the vast bureaucracy of the United Nations. It is a riveting account narrated by the consummate UN diplomat who served in all the Organisation’s major duty stations ranging from Geneva, Switzerland, through Addis Ababa, Ethiopia, to a peacekeeping mission in the hot and dusty Sinai Peninsula, Egypt, and ultimately the 38th Floor of the UN Headquarters, New York.

Contracting Stability: The Potential Use Of Private Military Contractors As A United Nations Rapid Reaction Force, Jared Genser

Jared Genser

In June 2015, the High-Level Independent Panel on Peace Operations established by United Nations Secretary-General Ban Ki-moon and chaired by former East Timor President José Ramos-Horta, published its comprehensive review of UN Peacekeeping Operations. The Panel observed that it takes an average of six months from when a peacekeeping mission is authorized by the United Nations Security Council to when it is deployed. It further explained that although rapid and effective deployment comes at a cost, responding more quickly saves lives and can avoid a larger, more costly response later. In asking the Secretary-General to develop options for a new …

Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.

The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer

Winston P Nagan

This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state typologies to explore the concept further and to scrutinize the accommodations of authority and control.

Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros

Winston P Nagan

The new form of slavery comes by that relatively innocuous title, “trafficking.” Trafficking is an illustration of the dynamic character of the social and antisocial forces that conspire to undermine the idea of human dignity in the world community. The forms of crime are in fact dynamic. Frequently the institutional forces behind crime have capital, lethal functionaries, technology, and a capacity to advance criminal interests, both within states and across state lines. To the extent that crime itself is dynamic it must as well be acknowledged that human rights violations in general also have a dynamic character. In short, when …

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root

Winston P Nagan

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …

Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos

Winston P Nagan

This paper deals with the definition and implications of globalism generally and for African interests in particular. Its focus is on globalism as a cluster of social, economic, and political forces contesting for the controlling paradigm of international relations and international law. The article underscores the general issue of globalism's impact on the well-being of the international community. It also considers the impact of globalism on the U.N. Charter, and, in particular, the role of the United Nations in international economic order. The connections between globalism and society are considered as part of the changing character of war and political …

An Approach To Decision With Regard To Terrorism, Jordan J. Paust

Akron Law Review

To Professor Baxter's chagrin, the words "terror" and "terrorism" i-have been thrown about as well as words such as "criminal," and banditry." I believe that one of the problems that we should face at this time is the definitional approach. We should direct our inquiry to a definitional framework; 'because, this is exactly what has been the problem at the General Assembly of the United Nations, this "politicized throwing about" of conclusionary words without any reference to context or a set of criteria -for a shared definition of what the term means. The definitional approach that I would utilize is …

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Humanitarian Laws Of Armed Conflict In Sweden: Ogling The Socialist Camp, Jacob W.F. Sundberg

Akron Law Review

The inhabitants of a country with the military-geographical location of Sweden should find it natural, one would think, to consider extensively the political and legal-philosophical message of the world which surrounds the country, most conspicuously to the east and to the south, and, by navies below the horizon, less conspicuously to the north and to the west. Everywhere is the Socialist Camp - a not unlikely adversary in some future conflict. In Sweden, however, there prevails a surprising reluctance to discuss the realities of the Camp. To say the least, such discussion is up-hill work. Looking for the reasons why, …

Is The International Court Of Justice Worth The Effort?, Joseph L. Daly

Akron Law Review

Throughout history most peacemaking has been a response to a particular crisis - efforts of two countries to solve a dispute by treaty or to negotiate the end of a war. But as the instruments of war have become more and more horrible, as wars have come to take an ever increasing toll on civilian populations, world leaders have tried to establish a structure for peace, a permanent way of avoiding conflict by appealing to reason, not to weapons. Our century has hoped that some sort of international tribunal - a world court - would decide disputes on enduring principles …

Symposium On Hot Spots In International Law, John F. Seiberling

Akron Law Review

To anyone concerned about deterring future wars and war crimes and strengthening the rule of law, the panelists in this symposium bring fresh insights and encouragement. The University of Akron School of Law, the International Law Society, and the Akron Law Review are to be commended for bringing these experts and their discussion of this important subject to a wide audience at such a crucial time.

The Investigation Procedures Of The United Nations Office Of Internal Oversight Services And The Rights Of The United Nations Staff Member: An Analysis Of The United Nations Judicial Tribunals’ Judgments On Disciplinary Cases In The United Nations, Tamara A. Shockley

Pace International Law Review

An employee of an international organization misappropriates over one million dollars from a United Nations Peace-Keeping Mission’s designated for procurement of supplies. As a staff member of an international organization, he or she has functional immunity and cannot be investigated by the local jurisdiction or by authorities in his home country. Is this the “perfect crime”? Taking into consideration that these misappropriated funds are contributions from Member States of the United Nations, is there any recourse to investigate the facts of the incident to determine culpability?

International organizations have a legal obligation to ensure compliance with internal regulations, rules and …

Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Gabriel Eckstein

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …

Shame In The Security Council, Saira Mohamed

Saira Mohamed

The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of shame in international law. At last, it seemed, the usually clashing members of the Council came together, recognizing the embarrassment they would suffer if they stood by in the face of an imminent slaughter of civilians, and atoning for their sins of inaction in Rwanda, Bosnia, and Darfur. The accuracy of this redemption narrative, however, is open to question. Shaming—an expression of moral criticism intended to induce a change in some state practice—is assumed by scholars …

The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel

Georgia Journal of International & Comparative Law

No abstract provided.

The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr

Georgia Journal of International & Comparative Law

No abstract provided.

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.

Internal Colonialism And Humanitarian Intervention, M. Sornarajah

Georgia Journal of International & Comparative Law

No abstract provided.

Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef

Georgia Journal of International & Comparative Law

No abstract provided.

An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman

Georgia Journal of International & Comparative Law

No abstract provided.

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.

A Message Of Hope, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of International And Regional Organizations In The Peaceful Settlement Of Internal Disputes (With Special Emphasis On The Organization Of African Unity), His Excellency Radha Krishna Ramphul

Georgia Journal of International & Comparative Law

No abstract provided.

Role Of The United Nations In Internal Conflict, Paul C. Szasz

Georgia Journal of International & Comparative Law

No abstract provided.

Non-Military Intervention By International And Regional Organizations In Internal Conflicts, Frank C. Newman

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas Mccarthy

Georgia Journal of International & Comparative Law

No abstract provided.

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.