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The Catholic University of America, Columbus School of Law

1996

International Law

Articles 1 - 5 of 5

Full-Text Articles in Law

On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez Jan 1996

On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …


Sovereignty, Freedom, And Civil Society: Toward A New Jerusalem, Antonio F. Perez Jan 1996

Sovereignty, Freedom, And Civil Society: Toward A New Jerusalem, Antonio F. Perez

Scholarly Articles

Jerusalem has become a symbol of the world's past. In one sense, of course, it is holy ground to three of the world's great historical religions. The very identity of Muslims, Christians, and Jews are bound up in stories in which the city of Jerusalem plays a large, and sometimes central, role. But Jerusalem is also a symbol of the past in a much different way. Much like today's system of states, the debate concerning sovereignty over Jerusalem is a prisoner of the history of international law-a history that has been told in the language of absolute and undivided sovereignty …


The Jerusalem Embassy Act Of 1995, Geoffrey R. Watson Jan 1996

The Jerusalem Embassy Act Of 1995, Geoffrey R. Watson

Scholarly Articles

Congress has voted to move the U.S. Embassy in Israel from Tel Aviv to Jerusalem. On October 24, 1995 - the day of the Conference on Jerusalem here at the Columbus School of Law of The Catholic University of America - Congress passed the Jerusalem Embassy Act of 1995. The President took no action on the Act, allowing it to enter into force on November 8, 1995. The Act states that a United States Embassy to Israel should be established in Jerusalem by May 31, 1999, and it provides for a fifty percent cut in the State Department's building budget …


Who Killed Sovereignty – Or: Changing Norms Concerning Sovereignty In International Law, Antonio F. Perez Jan 1996

Who Killed Sovereignty – Or: Changing Norms Concerning Sovereignty In International Law, Antonio F. Perez

Scholarly Articles

One of the oldest distinctions in philosophical discourse is that between "words about words" and "words about things."' Much scholarship among international lawyers and political scientists, as well as table-talk of diplomats and other practitioners concerning the somewhat airy concept of sovereignty, has suffered all too much from a failure to appreciate the confusion that flows from treating a word as though it were a fact. Now come to the table two pairs of scholars with contrasting interpretations of the central word of international law, sovereinty: at one end, international lawyers Abram and Antonia Handler Chayes; and at the other, …


The Humanitarian Law Of The Yugoslavia War Crimes Tribunal: Jurisdiction In Prosecutor V. Tadic, Geoffrey R. Watson Jan 1996

The Humanitarian Law Of The Yugoslavia War Crimes Tribunal: Jurisdiction In Prosecutor V. Tadic, Geoffrey R. Watson

Scholarly Articles

On October 2, 1995, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia' held that the Tribunal has jurisdiction to try Dusko Tadic, a Bosnian Serb, for war crimes and crimes against humanity. The Appeals Chamber ruled that the establishment of the Tribunal was lawful, that the Tribunal's primacy over national courts does not violate international law, and that the Tribunal's jurisdiction extends to crimes committed in internal armed conflict. The decision cleared the way for the first international war crimes trial since Nuremberg and Tokyo. The Appeals Chamber was right to uphold the validity of the …