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Articles 1 - 7 of 7
Full-Text Articles in Law
The Michigan Guidelines On Risk For Reasons Of Political Opinion
The Michigan Guidelines On Risk For Reasons Of Political Opinion
Michigan Journal of International Law
The Convention relating to the Status of Refugees (“Convention”) recognizes as refugees those who, owing to a well-founded fear of being persecuted on the basis of inter alia “political opinion,” are unable or unwilling to avail themselves of the protection of their home country
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Michigan Journal of International Law
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …
The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman
The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman
Michigan Journal of International Law
This Article argues that the most difficult future crises for which this legal debate is most consequential will not resemble those described by Prime Minister Thatcher or Director ElBaradei. Rather, in confronting potentially hostile and aggressive states believed to pose a WMD threat, decisionmakers contemplating the use of force will face an intelligence picture that is open to reasonable debate (contra Thatcher) and irresolvable to high levels of certainty (contra ElBaradei). This paper examines how competing legal approaches deal with this epistemic problem.
The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas
Michigan Journal of International Law
After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.
International Investment And The Prudent Investor Rule: The Trustee's Duty To Consider International Investment Vehicles, Stephen M. Penner
International Investment And The Prudent Investor Rule: The Trustee's Duty To Consider International Investment Vehicles, Stephen M. Penner
Michigan Journal of International Law
Part I of this note will begin with a background of trust and trustees, focusing on the historical development of the trust and the present role of the trustee. Part II presents the Prudent Investor Rule. The problems in trust management which lead to the necessity of the Rule will be explored, as will the evolution of the Rule up to the recent adoption by the American Law Institute of the Third Restatement of Trusts, which is devoted solely to the Prudent Investor Rule. In Part III, the various investment opportunities available to the modern investor will be presented, first …
State Aids And European Community Law, Hans-Jorg Niemeyer
State Aids And European Community Law, Hans-Jorg Niemeyer
Michigan Journal of International Law
This article provides an overview of EC State aid rules, focusing on recent Commission policy and recent judgments of the Court of Justice on State aids. In Part I, some general points, such as what may constitute a State aid, are considered. In Part II, the procedural aspects are dealt with in more detail, with emphasis on the notification process, and the procedure for reviewing State aids. Part III examines the recovery of illegally granted aids, and the defenses a beneficiary may assert. Next, Part IV sets out the remedies available for breach of the State aid rules, including the …
The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde
The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde
Michigan Journal of International Law
This Note examines the role that risk analysis played in fashioning the Framework Convention on Climate Change and argues that risk analysis should play a significant part in implementing the Convention.