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Articles 1 - 10 of 10
Full-Text Articles in Law
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
Genocide Studies and Prevention: An International Journal
Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …
U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte
U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte
University of Miami Law Review
The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump that you—and …
Migration And Conflict, Padraig O’Malley
Migration And Conflict, Padraig O’Malley
New England Journal of Public Policy
The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization—a prescription for violent conflict …
The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti
The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti
New England Journal of Public Policy
The Mediterranean Sea has become a huge cemetery: many thousands of migrants have lost their lives trying to cross it in search of a better future. In 2015, more than a million migrants and refugees reached Europe through irregular means, but almost 4,000 went missing and probably drowned. In 2016, 364,000 arrived in Europe and more than 5,000 were lost en route. The arrivals in Italy by sea were 181,436 in 2016 and 119,369 in 2017. While UN organizations and EU governments seem unable or unwilling to face this epoch-making drama, the culture industry has begun to exploit it. Migrant …
Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo
Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo
San Diego International Law Journal
This Article will step through the drafting process and compare bazaar and cathedral modes of drafting to determine if a bazaar mode can efficiently produce a legal instrument that crosses legal regimes. As the title suggests, the bazaar process analysis case will be the GNU General Public License version 3 (the GPLv3) Revision Process. A comparison of the advantages and disadvantages of the bazaar mode of drafting to the cathedral mode of drafting will hopefully demonstrate the overall value of a transnational bazaar process like the GPLv3 Revision Process.
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
San Diego International Law Journal
It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and development of …
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Northern Illinois University Law Review
The attached article looks at the concept of command responsibility “ the idea that a commander may be held liable for crimes committed by his or her soldiers, even if the commander did not order these crimes to be committed, and may not have been aware of the criminal activity at all. It examines command responsibility prosecutions attached to a number of different conflicts: World War II, the Yugoslavian and Rwandan genocides, and the Sierra Leonean civil war. It also discusses proposed standards for command responsibility prosecutions set out by the African Union and the UN (both in the International …
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Notre Dame Journal of International & Comparative Law
Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …
“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin
“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin
University of Pennsylvania Journal of Law and Public Affairs
More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification being …