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Articles 1 - 13 of 13
Full-Text Articles in Law
The Failure Of Environmental International Law During Times Of War, Blake Lara
The Failure Of Environmental International Law During Times Of War, Blake Lara
University of Baltimore Journal of Land and Development
Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …
After Partition: The Perils Of South Sudan, Mario Silva
After Partition: The Perils Of South Sudan, Mario Silva
University of Baltimore Journal of International Law
The partition of South Sudan from the largest country on the African continent – Sudan, took place on July 9, 2011.1 The northern portion retained the name Sudan while the newly formed southern state would be known as South Sudan. South Sudan became the newest member of the United Nations (UN) with comparatively little infrastructure and limited arrangements for shared sovereignty by the international community. The partition process was undertaken with oversight from the United Nations and the African Union. It was rather idealistically considered a prelude to an enduring peace within this traditionally troubled African region. The former unitary …
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
University of Baltimore Journal of International Law
One of President Barack Obama’s favorite solutions to reducing or halting armed conflict in the world centers around his often-stated desire to rid the world of nuclear weapons. While this simplistic formula for a more peaceful world has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power in a “Game of Thrones” will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to …
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
University of Baltimore Law Review
No abstract provided.
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
University of Baltimore Journal of International Law
The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …
Comments: Stuck Between A Rock And A Hard Place: Does Lebanon Have A Responsibility To Respect Syrian Refugees?, Robert Demirji
Comments: Stuck Between A Rock And A Hard Place: Does Lebanon Have A Responsibility To Respect Syrian Refugees?, Robert Demirji
University of Baltimore Journal of International Law
This comment looks at the current crisis in Syria and its effect on Lebanon. This comment first looks at the recent history of Lebanon stemming from the entrance of Palestinians into Lebanon after their deportation of Israel to Lebanon today. Thereafter, this comment looks at the evolution of the responsibility to protect doctrine from the Universal Declaration of Human Rights, to the 2005 World Summit Outcome Report to the 2009 Secretary General Report on Responsibility to Protect. This comment addresses the role of both Lebanon and the international community in its responsibility to protect Syrian refugees. This comment concludes with …
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
University of Baltimore Journal of International Law
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …
Israel And The Palestinian State: Reply To Quigley, Daniel Benoliel
Israel And The Palestinian State: Reply To Quigley, Daniel Benoliel
University of Baltimore Journal of International Law
This article replies to Professor John Quigley's recent article on the rather dramatic controversy concerning Palestinian statehood. The present article provides a critical assessment of two pivotal Palestinian Unilateral Declarations of Independence (UDI) initiatives as of 1988 and 2011. It does so both generally and with regard to the territorial and border disputes underplayed by Professor Quigley's supportive Palestinian statehood argument altogether.
In the wake of the codenamed 'Arab Spring' tentative spread of democracy throughout the Middle East, regional law and order commands legal certainty. Thus, while being sympathetic to the secessionist selfdetermination of Palestine under public international law, this …
The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade
The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade
University of Baltimore Journal of International Law
Lost in the international debate raging around Iran’s burgeoning nuclear weapons program is the deep and complex history that exists between the United States and Iran, as well as the legal rights and responsibilities that exist between the two nations. A thorough examination of the intensely adversarial relationship that has developed over the past sixty years must be undertaken before any path to a diplomatic solution is likely to succeed. The historical evidence clearly shows that Iran’s animosity towards and distrust of the United States is entirely justified, and the United States’ mistrust of Iran is equally well-grounded. Due these …
Speech: Modern War And Modern Law, David Kennedy
Speech: Modern War And Modern Law, David Kennedy
University of Baltimore Law Review
Warfare has become a legal institution. Law organizes and disciplines the military, defines the battlespace, privileges killing the enemy, and offers a common language to debate the legitimacy of waging war — down to the tactics of particular battle. At the same time, law is no longer a matter of firm distinctions — combatant and non-combatant, war and peace. It has become a flexible and strategic partner for both the military and for humanitarians seeking to restrain the violence of warfare. The relationship between modern war and modern law is made all the more complex by today's asymmetric conflicts, and …
Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne
Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne
University of Baltimore Law Review
No abstract provided.
American Courts-Martial For Enemy War Crimes, Tara Lee
American Courts-Martial For Enemy War Crimes, Tara Lee
University of Baltimore Law Review
No abstract provided.
Defining The Right Of Self-Defense: Working Toward The Use Of A Deadly Force Appendix To The Standing Rules Of Engagement For The Department Of Defense, Major David Bolgiano, Captain Mark Leach, Major Stephanie Smith, Lieutenant Colonel John Taylor
Defining The Right Of Self-Defense: Working Toward The Use Of A Deadly Force Appendix To The Standing Rules Of Engagement For The Department Of Defense, Major David Bolgiano, Captain Mark Leach, Major Stephanie Smith, Lieutenant Colonel John Taylor
University of Baltimore Law Review
No abstract provided.