Law Commons^™

Revisiting The Notion Of Full Protection And Security Of Foreign Direct Investments In Post-Gadhafi Libya: Two Governments, Tribal Violence, Militias, And Plenty More, Nasser A. Alreshaid

Nasser A Alreshaid

The escalating violence and deteriorating conditions in today’s Libya have questioned the very likelihood of the survival of foreign investments there. Deemed an oil-producing hub, many oil concessions have been granted to foreign investors in Libya. The challenge that follows is how to legally ensure the full protection and security of investors. This notion is tested in the post-Gadhafi Libya situation in the context of a two-government state, where militias with extremist ideologies in most instances, defy an internationally recognized government and take control over Libyan territories. Such territories contain oil terminals, which leads to a partial or complete disruption …

Democracy And Torture, Patrick A. Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.

Congressional Cybersecurity Oversight: Who’S Who And How It Works, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cybersecurity remains perhaps the greatest challenge to the economic and physical well being of governments, individuals, and business worldwide. During recent months the United States has witnessed many disruptive and expensive cyber breaches. No single U.S. governmental agency or congressional committee maintains primary responsibility for the numerous issues related to cybersecurity. Good oversight stands at the core of good government. Oversight is Congress’s way of making sure that the administration is carrying out federal law in the way Congress intended. So many aspects of cybersecurity have the potential for use by: terrorists; by foreign entities as a tool to conduct …

Ip Piracy & Developing Nations: A Recipe For Terrorism Funding, Brandy G. Robinson

Brandy G Robinson

When events such as 9/11 hit the U.S., no one thought that terrorists funded these activities through intellectual property piracy. On the surface, intellectual property (IP) piracy and terrorism are two distant topics. However, these topics are not distant but closely connected, as terrorist groups thrive on IP piracy, especially in developing nations, which has led to successful terrorist funding opportunities. Because IP piracy evades normal detection and developing nations do not thoroughly understand it, terrorist groups gravitate towards IP piracy for funding, which presents a distinct global dilemma.

Intellectual property rights and laws, namely criminal enforcement mechanisms, are essential …

Redefining Terrorism: The Danger Of Misunderstanding The Modern World's Gravest Threat, Jennifer Breedon

Jennifer Breedon

No abstract provided.

The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy

Samuel W Bettwy

This paper examines and compares, in historical context, the expansion of governmental authority in response to threats of bioterrorism, one of which is aimed directly at people, the other of which is aimed directly at agribusiness. The examination reveals that there is a historical, natural tendency of the executive branch to expand its powers and that the legislative and judicial branches tend to defer to the executive branch during emergencies. The comparison reveals that, although there is such a natural attempt by the executive branch to expand its powers, such expansion has yielded more to concerns over individual rights and …

Ebola And Bioterrorism, Joshua P. Monroe

Joshua P Monroe

This paper will be a comparison of the United States government’s reaction to the recent outbreak of Ebola and will compare this response with the potential response by the United States government toward an act of biological or chemical warfare. The paper will analyze these responses from a cultural, political, legal, and policy standpoint

Set Up For Abduction And Extortion By The Irs: Does The Reporting Of Interest Paid On U.S. Bank Deposits Undermine The Government’S Obligation To Avoid Instigating Terrorism By Foreign Criminal Gangs And Drug Cartels?, Darren Prum, Chad Marzen

Darren A. Prum

The Internal Revenue Service recently overturned 90 years of United States foreign and tax policy by finalizing and codifying its efforts to report interest income earned at domestic banks for accounts held by nonresident aliens. While the IRS felt its need to collect the data and revenue outweighs concerns raised against the proposal, the rule change has broad ramifications in the areas of tax, commerce, international policy and law, and the war against transnational criminal organizations and terrorism.

This article argues that the rule change has the potential to wreak havoc on a fragile economic recovery by leading to a …

U.S. Judicial Independence: Victim In The “War On Terror”, Wayne Mccormack

Wayne McCormack

One of the principal victims in the U.S. so-called "war on terror" has been the independence of the U.S. Judiciary. Time and again, challenges to assertedly illegal conduct on the part of government officials have been turned aside without addressing the merits, either because of overt deference to the Government or because of special doctrines such as state secrets and standing requirements. This paper catalogs the principal cases first by the nature of the government action challenged and then by the special doctrines invoked. The U.S. judiciary has virtually relinquished its valuable role of judicial review. In the face of …

Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin

Craig Martin

For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …

Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall

Emily Naser-Hall

After the September 11th terrorist attacks at the hands of al-Qaeda operatives who slipped through the cracks of the US immigration system, immigration and asylum law became increasingly focused on ensuring that potential terrorists are not allowed into the United States. The USA PATRIOT Act and its subsequent legislation created what has become an unyielding bar to admission for any individual who is a member of a terrorist organization or who has committed terrorist activities. While the terrorism bar developed in response to real or perceived threats to US national security and has recently regained public light with the trial …

Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall

Emily Naser-Hall

No abstract provided.

Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert

Paul R Rickert

No abstract provided.

Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman

Stephen P. Hoffman

This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …

Defending Weak States Against The "Unwilling Or Unable" Doctrine Of Self-Defense, Dawood I. Ahmed

Dawood Ahmed

Victim states occasionally use force to target non-state actors that have allegedly attacked the victim state, on the pretext that the host state is “unwilling or unable” (“ineffective”) to act. The international law permissibility of such force is unclear: state responsibility principles do not hold ineffective states liable, the universe of state practice is small and the International Court of Justice and some scholars deny the legality of such force while others disagree. This article is the first dedicated to a critical analysis of the “unwilling or unable” doctrine from both, a law and policy perspective. It argues that, although …

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

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

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

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

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

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

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

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

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

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

René Värk

No abstract provided.

Riikide Enesekaitse Ja Kollektiivse Julgeolekusüsteemi Võimalikkusest Terroristlike Mitteriiklike Rühmituste Kontekstis, René Värk

René Värk

No abstract provided.

Terrorism And The Right Of Self-Defence: Rethinking Of Legal And Policy Issues, Abdul Ghafur Hamid Dr.

Abdul Ghafur Hamid Dr.

Self-defence has long been understood as a right applicable only in an inter-State armed conflict. After September 11, however, there have been attempts to widen the scope of self defence to include attacks by terrorists - non-State actors. This paper reappraises the legal and policy considerations that promote a right of self-defence against terrorists, or against States havouring terrorists. The paper advocates three main arguments: (1) that ‘armed attack’ as required under Article 51 must come from a State or at least the attack must be attributable to the State to the extent that it is taken as the act …

Can Cia Interrogators Relying Upon Government Counsel Advice Be Prosecuted For Torture?, Adam M. Hochroth

Adam M Hochroth

In the spring of 2002, the CIA sought advice from the Office of Legal Counsel (OLC) regarding an interrogation program for high-level al Qaeda detainees. The proposed program included the use of techniques such as walling, stress positions, confinement, sleep deprivation and waterboarding. On August 1, 2002, the OLC provided two memoranda of advice to the CIA on the lawfulness of the proposed program and the specific techniques intended. The OLC advised that the program and the techniques were lawful and did not constitute torture within the meaning of the Torture Statute, 18 U.S.C. §§2340–2340A. This article considers whether interrogators …

Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane

Brian C Finucane

This Article examines the security threat posed by “fictitious” states and non-state actors as well as the legal regime governing military responses to this threat. As the Article explains, many of the world’s states are legal fictions because they lack the key feature of statehood in international law: the effective control of their nominal populations and territories. Although the problem is most vividly illustrated by the United States’ ongoing conflict with Al Qa’ida in Pakistan, Yemen and Somalia, the problem is far broader. In fact effective states which control all of their territory and population are in fact anomalous. As …