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Full-Text Articles in Law

International Judicial Review Of The Legality Of Acts Adopted By United Nations Organs, Giovanni Distefano Feb 2021

International Judicial Review Of The Legality Of Acts Adopted By United Nations Organs, Giovanni Distefano

UAEU Law Journal

This brief article endeavours to tackle the thorny question of the judicial control of acts adopted by United Nations Organs. The analysis is strictly confined to the international judicial control of two specific organs, i.e. Security Council and General Assembly. Contrary to many domestic legal systems, where such judicial control is envisaged either by an explicit empowerment or by a constitutional custom, a similar entrustment is not envisaged by the United Nations Charter. Therefore, a specific jurisdictional entitlement is needed for the International Court of Justice to assess the validity of a resolution adopted by the two aforementioned organs. This …


The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell Jan 2018

The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell

Journal Articles

The United States and Iran carried out armed reprisals in Syria during 2017 in the wake of chemical and terror attacks. Despite support for their actions even by countries such as Germany and France, retaliatory uses of force are clearly prohibited under international law. International law generally prohibits all use of armed force with narrow exceptions for self-defense, United Nations Security Council authorization, and consent of a government to participate in a civil war. Military force after an incident are reprisals, which have been expressly forbidden by the UN. Prior to the Trump administration, the U.S. consistently attempted to justify …


The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck Jun 2016

The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy Jun 2016

Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk Apr 2016

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


On The Whittington United Nations Archive, Gail Partin, William Butler Jan 2016

On The Whittington United Nations Archive, Gail Partin, William Butler

Faculty Scholarly Works

On 14 October 1986 Mrs. Louise L. Whittington, the widow of William Vallie Whittington (1904–1986), wrote to inform the Dickinson School of Law that her husband recently had passed away and that she wished to give to the Library of the Law School a leather bound facsimile copy of the United Nations Charter and certain documents related to the surrender of Germany in the Second World War and the creation of the United Nations. Arrangements were completed in Spring 1987 for the transfer of the materials. These remain a significant treasure and important legacy for the development of international law …


On The Whittington United Nations Archive, Gail A. Partin, William E. Butler Dec 2015

On The Whittington United Nations Archive, Gail A. Partin, William E. Butler

Gail A. Partin

On 14 October 1986 Mrs. Louise L. Whittington, the widow of William Vallie Whittington (1904–1986), wrote to inform the Dickinson School of Law that her husband recently had passed away and that she wished to give to the Library of the Law School a leather bound facsimile copy of the United Nations Charter and certain documents related to the surrender of Germany in the Second World War and the creation of the United Nations. Arrangements were completed in Spring 1987 for the transfer of the materials. These remain a significant treasure and important legacy for the development of international law …


The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles Apr 2015

The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles

Georgia Journal of International & Comparative Law

No abstract provided.


Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust Apr 2015

Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Standards For Intervention In Internal Conflicts, John N. Moore Apr 2015

Legal Standards For Intervention In Internal Conflicts, John N. Moore

Georgia Journal of International & Comparative Law

No abstract provided.


The Right Of Counterintervention, John A. Perkins Jan 2015

The Right Of Counterintervention, John A. Perkins

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And State "Sovereignty", Louis Henkin Oct 2014

Human Rights And State "Sovereignty", Louis Henkin

Georgia Journal of International & Comparative Law

No abstract provided.


Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard Oct 2014

Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard

Georgia Journal of International & Comparative Law

No abstract provided.


The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell Nov 2013

The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell

Mary Ellen O'Connell

Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of collective self-defense with Iraq …


Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell Nov 2013

Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


The Mens Rea Of The Crime Of Aggression, Noah Weisbord Jan 2013

The Mens Rea Of The Crime Of Aggression, Noah Weisbord

Faculty Publications

This article, written in commemoration of the tenth anniversary of the International Criminal Court (ICC), explores the mens rea of the crime of aggression. The definition and jurisdictional conditions of the crime of aggression was recently incorporated into the ICC’s Rome Statute, thereby reviving a crime used during the Nuremberg trials to prosecute Nazi leaders after World War II. Mens rea is an important, even central, consideration when judging whether a defendant has satisfied all of the elements of the crime of aggression.

The starting point for this exploration of the mens rea of the crime of aggression is its …


Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner Jan 2013

Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner

Book Chapters

The last decade has witnessed increased recourse by states to military force to respond to terrorist attacks on their soil that have originated from abroad. A number of states -- including the United States -- have justified these military actions as lawful self-defense in response to an armed attack, as permitted under Article 51 of the United Nations Charter. These claims raise multiple interpretive questions about the meaning of "armed attack" under Article 51 and of the various options that are allowed in response to one. This essay explores the contemporary understanding of an "armed attack" in terms of an …


Should Cyber Exploitation Ever Constitute A Demonstration Of Hostile Intent That May Violate Un Charter Provisions Prohibiting The Threat Or Use Of Force?, Anna Wortham May 2012

Should Cyber Exploitation Ever Constitute A Demonstration Of Hostile Intent That May Violate Un Charter Provisions Prohibiting The Threat Or Use Of Force?, Anna Wortham

Federal Communications Law Journal

More and more, the United States and other countries rely on complex infrastructures that are primarily controlled by information technology. Although extremely destructive cyber threats and attacks against nations are a reality, the laws governing cyber exploitation have not kept pace with this threat. Because the United States and other nations may use cyber capabilities offensively as well as defensively, it is important that the laws for engaging in such cyber conflict be well defined. Currently, it seems unlikely that cyber exploitation can ever be regarded as a threat or use of force under the UN Charter because it is …


The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley Mar 2012

The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley

San Diego International Law Journal

In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …


Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad Mar 2012

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …


Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi Aug 2010

Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi

Annual Survey of International & Comparative Law

The thesis of this article argues that while the use of preemptive military strikes, now adopted by the United States against non-state actors and rogue states, appears to be justified under international law, such a military exercise must be subject to well defined and clearly stated international legal rules.


"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt Jan 2008

"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt

Michigan Journal of International Law

This Article explores and assesses the Israeli justification for Operation Change Direction. Did the law of self-defense provide a basis for the operation? If so, defense against whom-Hezbollah, the State of Lebanon, or both? Were the Israeli actions consistent with the criteria for a lawful defensive action: necessity, proportionality, and immediacy? Did Operation Change Direction unlawfully breach Lebanese territorial integrity?


To Condone Or Condemn? Regional Enforcement Actions In The Absence Of Security Council Authorization, Monica Hakimi Jan 2007

To Condone Or Condemn? Regional Enforcement Actions In The Absence Of Security Council Authorization, Monica Hakimi

Faculty Scholarship

The U.N. Charter establishes that regional arrangements may not take enforcement actions without authorization from the Security Council. Yet the international community does not always enforce this Charter rule. Major international actors repeatedly tolerate deviations from it even as they assert that it allows no exceptions. This Article examines that practice, arguing that two different legal systems govern enforcement actions taken by regional arrangements. One system is reflected in the Charter text and publicly endorsed by major international actors. The second, more nebulous system is based on expectations and demands in the absence of Security Council authorization. Under this second …


The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell, Maria Alevras-Chenl Jan 2007

The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell, Maria Alevras-Chenl

Journal Articles

Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of collective self-defense with Iraq …


The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams May 2005

The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams

San Diego International Law Journal

This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …


Medellin V. Dretke: Federalism And International Law, Curtis Bradley, Lori Fisler Damrosch, Martin Flaherty Jan 2005

Medellin V. Dretke: Federalism And International Law, Curtis Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This evening, we're going to have, at the very least, a discussion which may blossom into a debate-we will see as the evening progresses. However one characterizes the event, we're here to discuss the Medellin v. Dretke case and, more broadly, we are going to be discussing cutting edge issues of international law, including the operation of self-executing treaties and state legal systems, the weight to be given to judgments of international courts interpreting such treaties, and the duties of state and federal judiciaries in this process, all in the context of death penalty cases. Let me give you a …


The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach Oct 1999

The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach

Faculty Scholarship

No abstract provided.


Chapter Iv: Safeguarding Of U.S. National Interests In The Maritime Environment Jun 1999

Chapter Iv: Safeguarding Of U.S. National Interests In The Maritime Environment

International Law Studies

No abstract provided.


Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell Jan 1997

Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell

Journal Articles

The most important, and certainly the most ambitious, modification of international law in this century has been the outlawing of the use of force to settle international disputes. The definitive prohibition on the use of force came with the adoption of the United Nations Charter and, in particular, Charter article 2(4).

For a short while, from 1991 until 1994, it appeared that a majority of Security Council members had re-interpreted the Charter's order of priorities. To some, it seemed that the Council had placed such values as human rights, self-determination, and even democracy above the value of peace through respect …


Law And War After The Cold War, Louis Henkin Jan 1991

Law And War After The Cold War, Louis Henkin

Maryland Journal of International Law

No abstract provided.