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Articles 1 - 25 of 25
Full-Text Articles in Law
Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow
Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow
Georgetown Law Faculty Publications and Other Works
In recognizing the legacy of Senator William E. Borah, the author shares his remarks from the Borah Symposium at the University of Idaho, about the Senator's personality and character, his contribution and later characterization to international law and national security, specifically the 1928 Kellogg-Briand Pact, and finally, a proposal to a modern reincarnation to the Kellogg-Briand Pact and the newer threats of this era.
Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan
Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan
Liberty University Journal of Statesmanship & Public Policy
In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ban …
Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer
Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer
Georgia Journal of International & Comparative Law
No abstract provided.
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
An Inference About Interference: A Surprising Application Of Existing International Law To Inhibit Anti-Satellite Weapons, David A. Koplow
An Inference About Interference: A Surprising Application Of Existing International Law To Inhibit Anti-Satellite Weapons, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This article presents a thesis that most readers will find surprising, in an effort to develop a novel, simultaneous solution to three urgent, complex problems related to outer space. The three problems are: a) the technical fact that debris in outer space (the accumulated orbital junk produced by decades of space activities) has grown to present a serious hazard to safe and effective exploration and exploitation of space; b) the strategic fact that many countries (notably the United States, China and Russia, but others, too) continue to demonstrate a misguided interest in pursuing anti-satellite weapons, which can jeopardize the security …
Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear Wars As An Instrument Of National Policy, David A. Koplow
Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear Wars As An Instrument Of National Policy, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This article performs three functions. First, it offers a revisionist interpretation of the 1928 Kellogg-Briand Pact, the much-maligned treaty through which the key powers of the era, led by the United States, undertook to “outlaw” war, renouncing it as a tool of national policy and committing themselves to resort exclusively to pacific means for the resolution of their international disputes. Because of Kellogg-Briand’s inability to prevent the outbreak of World War II, the treaty has been derided for decades as a futile, utopian illusion, but this article argues that it was, in fact, a tremendous success in altering states’ attitudes …
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The 1993 Chemical Weapons Convention (CWC) is one of the most important multilateral arms control instruments; it requires its 188 parties to refrain from producing, acquiring, retaining or using chemical weapons (CW) and to destroy their existing CW stockpiles by a fixed date. The United States and Russia declared the possession of the world’s largest CW inventories and have been working assiduously to incinerate, chemically neutralize or otherwise dispose of their respective caches. Unfortunately, neither country met the treaty’s April 29, 2012 final, non-extendable deadline. The United States managed to destroy 90% of its CW stocks on time, but under …
Soft Law As Delegation, Timothy L. Meyer
Soft Law As Delegation, Timothy L. Meyer
Timothy Meyer
This article examines one of the most important trends in international legal governance since the end of the Cold War: the rise of “soft law,” or legally non-binding instruments that are given legal effect through domestic law or internationally binding agreements such as treaties. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as …
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Michigan Journal of International Law
This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
Michigan Journal of International Law
This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …
Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.
Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.
Articles
No abstract provided.
Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo
Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo
Michigan Law Review
Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with the comprehensive Nuclear Test-Ban Treaty, has the Senate rejected a significant treaty sought by the President. In both cases, the international agreement received support from a majority of the Senators, but failed to reach the two-thirds supermajority required by Article II, Section 2, of the Constitution. The failure of the Versailles Treaty resulted in a shattering defeat for President Wilson's vision of a new world order, based on collective security and led by the United States. Rejection of the Test-Ban Treaty amounted …
Chapter X: Nuclear, Chemical, And Biological Weapons
Chapter X: Nuclear, Chemical, And Biological Weapons
International Law Studies
No abstract provided.
The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt
The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt
Michigan Journal of International Law
This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Michigan Journal of International Law
This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Michigan Journal of International Law
This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …
Demilitarization And Arms Control: Antarctica, Harry H. Almond Jr.
Demilitarization And Arms Control: Antarctica, Harry H. Almond Jr.
Case Western Reserve Journal of International Law
No abstract provided.
The Crisis In Arms Control, Harold K. Jacobson
The Crisis In Arms Control, Harold K. Jacobson
Michigan Law Review
There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …
International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck
International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The Objectives Of Arms Control, James A. Barber Jr.
The Objectives Of Arms Control, James A. Barber Jr.
International Law Studies
No abstract provided.
What's Left Of Salt?, Richard T. Ackley
What's Left Of Salt?, Richard T. Ackley
International Law Studies
No abstract provided.
The Seabed Arms Control Issue 1967·1971 A Superpower Symbiosis?, James A. Barry Jr.
The Seabed Arms Control Issue 1967·1971 A Superpower Symbiosis?, James A. Barry Jr.
International Law Studies
No abstract provided.
Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden
Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden
International Law Studies
No abstract provided.
Book Review, Nicholas A. Sims
Book Review, Nicholas A. Sims
Vanderbilt Journal of Transnational Law
It is a pleasure to welcome a well-written book on arms control, and one, moreover, that has grown out of the exigencies of an undergraduate course and is designed to meet the needs of students. Because INTERNATIONAL ARMS CONTROL: ISSUES AND AGREEMENTS was the work of several hands, its lucidity and consistency are the more admirable. Comprehensive in scope, it goes just far enough in setting arms control in its various contexts (political, military, cultural, and ethical) without straying out of bounds. It raises a multitude of questions without pretending to answer them all. I found it refreshing to read …