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Full-Text Articles in Law
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston P. Nagan, Joshua L. Root
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston P. Nagan, Joshua L. Root
UF Law Faculty Publications
The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …
Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos
Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos
UF Law Faculty Publications
This paper deals with the definition and implications of globalism generally and for African interests in particular. Its focus is on globalism as a cluster of social, economic, and political forces contesting for the controlling paradigm of international relations and international law. The article underscores the general issue of globalism's impact on the well-being of the international community. It also considers the impact of globalism on the U.N. Charter, and, in particular, the role of the United Nations in international economic order. The connections between globalism and society are considered as part of the changing character of war and political …
The New Bush National Security Doctrine And The Rule Of Law, Winston P. Nagan, Craig Hammer
The New Bush National Security Doctrine And The Rule Of Law, Winston P. Nagan, Craig Hammer
UF Law Faculty Publications
The war on terrorism has dramatically impacted the direction of U.S. foreign policy, as well as the strategic and tactical operations for securing its objectives. Three questions central to U.S. foreign relations are whether these interests are consistent with international law; whether the United States seeks to modify international law to secure its interests; or whether foreign policy makers see the need to significantly change international legal standards. The aftermath of the of the attacks of September 11, 2001 in the United States triggered an intuitive reaction that the normal rules of restraint embodied in international law might no longer …