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Journal Articles

2002

International Law

International law

Articles 1 - 4 of 4

Full-Text Articles in Law

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell Jan 2002

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …


The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel Jan 2002

The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel

Journal Articles

In the first section this article examines the different meanings of subsidiarity, its character as a doctrine of social philosophy and the origins of the concept of subsidiarity in the Community Treaties. The second section of this article describes the community approach to application, interpretation and review of compliance with subsidiarity. In this context, the Principle of Proportionality and the procedural requirement to Show Sufficient Grounds are considered as tools for judicial review and first developments in the case law of the European Court of Justice are discussed. Finally, against the background of political economic theory, the article will highlight …


Note, When Wishing On A Star Just Won’T Do: The Legal Basis For International Cooperation In The Mitigation Of Asteroid Impacts And Similar Transboundary Disasters, Evan R. Seamone Jan 2002

Note, When Wishing On A Star Just Won’T Do: The Legal Basis For International Cooperation In The Mitigation Of Asteroid Impacts And Similar Transboundary Disasters, Evan R. Seamone

Journal Articles

This Note uses the threat of collisions of large space bodies with the Earth as a vehicle to investigate the legal duties of nations to participate in collective efforts at megadisaster mitigation. Asteroids and comets are space bodies while meteors occupy a less-threatening category. Although they differ in chemical composition and in visibility to the naked eye, large space bodies can endanger multiple nations simultaneously. Space bodies are ideal topics of investigation because the magnitude of the threats they pose is inestimable. Legal obligations to mitigate Earth impacts apply equally well to other infrequent threats that are currently of the …


The Internationalization Of Legal Relations, Roger P. Alford Jan 2002

The Internationalization Of Legal Relations, Roger P. Alford

Journal Articles

What exactly does it mean to say that "legal relations" are becoming "internationalized"? For me, the concept is in large measure a vertical question: the degree to which international law is affecting (some might say encroaching on) traditional domestic law, particularly state law. This is particularly so with treaty law. In the United States at least, internationalization might be thought of as simply another arm of federalism, with Congress stipulating that certain sales of goods will be governed by international law, not the Uniform Commercial Code. Or that a certain category of child adoptions will be governed by federal treaty …