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St. Mary's University

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Customary international law

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Articles 1 - 2 of 2

Full-Text Articles in Law

Life, Liberty, And The Pursuit Of Water: Evaluating Water As A Human Right And The Duties And Obligations It Creates, Amy Hardberger Jan 2005

Life, Liberty, And The Pursuit Of Water: Evaluating Water As A Human Right And The Duties And Obligations It Creates, Amy Hardberger

Faculty Articles

The Right to Water should be an independent, explicit human right. As such, the status of the right to water would be raised to the status of customary international law (jus cogens), imposing an affirmative, obligatory duty an all nations. Historically the right to water has been included in the right to life, limiting the right; however, that approach undermines the essential importance of water and causes enforcement problems that would be avoided by regarding water as an independent right.

Landmark international agreements, treatises, and the work of various international entities and other non-governmental organizations have made tremendous strides in …


The Status Of The Diplomatic Bag: A Proposed United States Position, Jeffrey F. Addicott Jan 1990

The Status Of The Diplomatic Bag: A Proposed United States Position, Jeffrey F. Addicott

Faculty Articles

The protections afforded diplomats, diplomatic missions, and diplomatic bags have been misused to sponsor or commit various criminal acts. This strikes at the heart of traditional concepts of international diplomatic relations. Use of the diplomatic bag to import and export prohibited or illegal items is particularly concerning, and the most disconcerting abuses are those that use the diplomatic bag to facilitate acts of terrorism.

All malum in se acts that abuse this diplomatic shield are objectionable. As such, it is necessary to examine the current legal status of the diplomatic bag and recent international efforts to re-examine that status. Conflicts …