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Articles 1 - 11 of 11
Full-Text Articles in Law
The Proposed Damages Directive: The Real Lessons From The United States, Robert H. Lande
The Proposed Damages Directive: The Real Lessons From The United States, Robert H. Lande
All Faculty Scholarship
Europeans should be doubly cautious when they study the U.S. experience with private antitrust enforcement. Nevertheless, there are ten specific lessons they can learn. None, however, is consistent with the conventional wisdom in the international competition community that U.S.-style private enforcement has been a disaster. Each should help Europe objectively consider the Commission's proposed Directive concerning private enforcement of Competition law.
Introduction To Intervention Under International Law, Mortimer N.S. Sellers
Introduction To Intervention Under International Law, Mortimer N.S. Sellers
All Faculty Scholarship
The lawfulness or legitimacy of "external" intervention in the "internal" affairs of sovereign states is one of the most basic controversies in modern international law. The question arises in three separate but related forms: When is intervention lawful? When is intervention legitimate? And when should intervention occur? Discussion here will focus on the legal question, but legitimacy, morality, and brutal reality all form and sometimes trump the law. They dictate the parameters within which all legal determinations take place, including the legality of cross-border interventions. By "intervention" I mean any activity by one state or its agents that influences the …
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
University of Baltimore Journal of International Law
Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …
Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner
Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner
University of Baltimore Journal of International Law
Over the course of the year 2014, the situation in Ukraine has turned from a domestic political issue involving protests, killings, and the ouster of the former president, into a military confrontation with Russia. At the time of writing (August 2014), Russia has annexed Crimea and is supporting separatists, who are in a state of civil war against the Ukrainian state, in Eastern parts of the country. This conflict is ongoing and an unknown number of civilians have been killed, notably the passengers of the Malaysia Airlines flight MH17, which is thought to have been shot down over the conflict …
After Partition: The Perils Of South Sudan, Mario Silva
After Partition: The Perils Of South Sudan, Mario Silva
University of Baltimore Journal of International Law
The partition of South Sudan from the largest country on the African continent – Sudan, took place on July 9, 2011.1 The northern portion retained the name Sudan while the newly formed southern state would be known as South Sudan. South Sudan became the newest member of the United Nations (UN) with comparatively little infrastructure and limited arrangements for shared sovereignty by the international community. The partition process was undertaken with oversight from the United Nations and the African Union. It was rather idealistically considered a prelude to an enduring peace within this traditionally troubled African region. The former unitary …
University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter
University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock
Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock
University of Baltimore Journal of International Law
The countries of southeastern Asia and China are currently in a territorial dispute over the Spratly and Paracel island chains in the South China Sea. The South China Sea encompasses roughly 1.4 million square miles of the Pacific Ocean, spanning throughout most of southeastern Asia. A majority of the islands located within the sea are uninhabited and have never had an indigenous population, which makes it nearly impossible to track the lineage to determine sovereignty over the islands. Because there has never been an indigenous population on a majority of the islands, there are now competing claims for many of …
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
University of Baltimore Journal of International Law
One of President Barack Obama’s favorite solutions to reducing or halting armed conflict in the world centers around his often-stated desire to rid the world of nuclear weapons. While this simplistic formula for a more peaceful world has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power in a “Game of Thrones” will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to …
Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush
University of Baltimore Journal of International Law
This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.
The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore
The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore
All Faculty Scholarship
This Commentary recognizes a policy shift across nations of favoring national security over human rights and argues that smaller states were influenced by the key international decision makers, the Permanent Five Members (P5) of the United Nations Security Council, via norm diffusion. In doing so, it offers an alternative theory for how and why human rights norms have consistently been violated in the pursuit of security. Oppressive regimes have used the term “counterterrorism” or “national security” to justify rights violations because they see larger powers allowing these violations. This Commentary contends that the P5 are responsible for beginning this phenomenon …
Sitting By The Well: The Case For Intercultural Competency Training In International Experiential Learning, Jeffrey Blumberg
Sitting By The Well: The Case For Intercultural Competency Training In International Experiential Learning, Jeffrey Blumberg
University of Baltimore Law Review
No abstract provided.