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Full-Text Articles in Law
The Special Tribunal For Lebanon’S Unique Beginnings, Its Political Opposition And Role As Model For Future Ad Hoc Criminal Tribunals For Terrorism Prosecution, Daniel Runge
Daniel Runge
This article suggests that the Special Tribunal for Lebanon in many respects can serve as a model for future ad hoc international tribunals for the prosecution of terrorism. The article discusses the assassination of Rafiq Hariri and the investigation that followed, leading to the tribunal’s formation. After this background, the formation of the tribunal is analyzed. Initially designed as a hybrid international tribunal based on a treaty between the United Nations and Lebanon, the tribunal was ultimately established unilaterally by the United Nations Security Council following the failure of the Lebanese government to approve the treaty. The article then discusses …
Targeting Anwar Al-Aulaqi: A Case Study In U.S. Drone Strikes And Targeted Killings, Benjamin R. Farley
Targeting Anwar Al-Aulaqi: A Case Study In U.S. Drone Strikes And Targeted Killings, Benjamin R. Farley
Benjamin R Farley
Anwar al-Aulaqi is a natural born American citizen of Yemeni descent who was reportedly added to U.S. targeted killing lists in early 2010. The United States argues that al-Aulaqi is a lawful target due either to his role in an ongoing armed conflict between the United States and Al Qaeda or under the auspices of self-defense. In fact, the United States relies on self-defense and armed conflict in general to justify the lawfulness of its targeted killing programs. When applicable, each of these frameworks provides legal authority for a state to use force against an individual. However, neither framework provides …
Reliably Unreliable: The Problems With Piecemeal Federal Transmission And Grid Reliability Policies, Joshua P. Fershee
Reliably Unreliable: The Problems With Piecemeal Federal Transmission And Grid Reliability Policies, Joshua P. Fershee
Joshua P Fershee
In the past, electricity was considered a local concern, but over time major portions of the electrical grid have become regional, national, and even international in scope. Electricity regulation has evolved into a complex web of multijurisdictional oversight, and this evolution has created both tensions and opportunities. National legislation and regulation have helped increase reliability, diversify the fuel mix for electricity generation, and create a more open market for electricity. However, national regulation designed to enhance open markets also created opportunities for abuse. In addition, the increasing level of federal oversight has led to conflicts between state and federal entities …
A Missed Chance For Justice In Court, Tamar R. Birckhead
A Missed Chance For Justice In Court, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that Osama bin Laden should have been captured and tried in a court of law, rather than assassinated under circumstances suggesting he was unarmed and posed no immediate threat.
Book Review: The Modern Law Of Marine Insurance, Vol. 3 D. Rhodian Thomas (Ed.) (London 2009), Graydon S. Staring
Book Review: The Modern Law Of Marine Insurance, Vol. 3 D. Rhodian Thomas (Ed.) (London 2009), Graydon S. Staring
Graydon S. Staring
Review of a book by several authors on topics characterized by me as follows: An Anglo-American Subject; Multimodal Boundaries; Plumbing the Depths of Indemnity; Anonymous Assureds: When the Principal "Knows" What the Agent Knows; Institute Cargo Clauses 2009; Indefinable Piracy and Other Crimes; Conflict of Laws--A Cruise on Waters of Discord; Conflict of Laws--Pax Romana.
The War Of Ideas Revisited, Gabriel C. Lajeunesse
The War Of Ideas Revisited, Gabriel C. Lajeunesse
Gabriel C. Lajeunesse
We need to reintroduce the War of Ideas into our policy lexicon and recognize that our national security interests are best served by the spread of liberty and free markets.
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Brian C Finucane
This Article examines state practice relating to violent non-state actors operating from “fictitious” states. Fictitious states are entities that possess international legal personality but not effective control over their territories and populations. As the Article explains, many of the world’s states are legal fictions. Although the problem is most vividly illustrated by the United States’ recent military strikes in Pakistan, Yemen and Somalia, the problem is far broader. This Article shows that the security threat posed by non-state actors operating from ungoverned territory is not new. Lapses in state control have been common throughout history and violent non-state actors have …
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Brian C Finucane
This Article examines state practice relating to violent non-state actors operating from “fictitious” states. Fictitious states are entities that possess international legal personality but not effective control over their territories and populations. As the Article explains, many of the world’s states are legal fictions. Although the threat is most vividly illustrated by the United States’ recent military strikes in Pakistan, Yemen and Somalia, the problem is far broader. This Article shows that the security threat posed by non-state actors operating from ungoverned territory is not new. Lapses of state control over territory have been common throughout history and violent non-state …
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Brian C Finucane
This Article examines state practice relating to violent non-state actors operating from “fictitious” states. Fictitious states are entities that possess international legal personality but not effective control over their territories and populations. As the Article explains, many of the world’s states are legal fictions. Although the problem is most vividly illustrated by the United States’ recent military strikes in Pakistan, Yemen and Somalia, the problem is far broader. This Article shows that the security threat posed by non-state actors operating from ungoverned territory is not new. Lapses in state control have been common throughout history and violent non-state actors have …
Book Review Of Counter-Terrorism: The Culture Of Law And Justice After 9/11, Matthew S. R. Palmer
Book Review Of Counter-Terrorism: The Culture Of Law And Justice After 9/11, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
This is a largely complimentary book review focussing on the theme of law and culture in the context of counter-terrorism law.
Terrorism, State Responsibility And The Use Of Armed Force, René Värk
Terrorism, State Responsibility And The Use Of Armed Force, René Värk
René Värk
No abstract provided.
Riikide Enesekaitse Ja Kollektiivse Julgeolekusüsteemi Võimalikkusest Terroristlike Mitteriiklike Rühmituste Kontekstis, René Värk
René Värk
No abstract provided.