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Articles 1 - 30 of 53
Full-Text Articles in Law
Contextualizing Legitimacy, Kish Vinayagamoorthy
Contextualizing Legitimacy, Kish Vinayagamoorthy
Kish Parella
The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Banning Autonomous Killing, Mary O'Connell
Banning Autonomous Killing, Mary O'Connell
Mary Ellen O'Connell
Scientific research on fully autonomous weapons systems is moving rapidly. At the current pace of discovery, such fully autonomous systems will be available to military arsenals within a few decades, if not a few years. These systems operate through computer programs that will both select and attack a target without human involvement after the program is activated. Looking to the law governing resort to military force, to relevant ethical considerations, as well as the practical experience of ten years of killing using unmanned systems (drones), the time is ripe to discuss a major multilateral treaty banning fully autonomous killing. Current …
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
What Is Agression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
What Is Agression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
Mary Ellen O'Connell
Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …
The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell
The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell
Mary Ellen O'Connell
Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of collective self-defense with Iraq …
The End Of Legitimacy, Mary Ellen O'Connell
The End Of Legitimacy, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Mary Ellen O'Connell
The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Mary Ellen O'Connell
The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.The article also tells how in each case …
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Russell A. Miller
None available.
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Richard Daniel Klein
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
Us Intelligence Assets In Mexico Reportedly Tied To Murdered Dea Agent, Jimmy Gurule
Us Intelligence Assets In Mexico Reportedly Tied To Murdered Dea Agent, Jimmy Gurule
Jimmy Gurule
Jimmy Gurule’ was quoted in the FoxNews story US intelligence assets in Mexico reportedly tied to murdered DEA agent By William La Jeunesse, Lee Ross "I think the American people, at least, owe him for the sacrifice that he made to ensure that the people that took his life, that subjected him to torture over a three day period of time are held accountable and brought to justice, says Jimmy Gurule’, the former Assistant U.S. Attorney in Los Angeles. "I'm deeply disappointed about a lot of things," Gurule’ told Fox News. "But we're talking about the release of the murderer …
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Douglass Cassel
Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.
Does International Human Rights Law Make A Difference?, Douglass Cassel
Does International Human Rights Law Make A Difference?, Douglass Cassel
Douglass Cassel
No abstract provided.
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Paolo G. Carozza
No abstract provided.
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Paolo G. Carozza
This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves. Looking at …
Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak
Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter explores how culture is addressed by contemporary international law, with particular reference to human rights law norms. The first part covering freedom focuses on the rise of the modern state and its conscious reimagining of ties with its citizens through the promotion of tolerance and a secular, national identity. The shift is explored through the prisms of the freedom of religion, the right to participate in (national) cultural life, and the limitations on freedom of expression including prohibition of hate speech and domestic blasphemy laws. The second part on equality centres on the relationship between the state, the …
The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark
The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark
Anthony J. Bellia
Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' perfect rights (or close analogues) under the …
The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr.
The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr.
Anthony J. Bellia
Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts... shall... have cognizance... of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries until, in the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for violations of modern customary international law that occurred outside the United States. In 2004 …
All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr.
All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr.
Miller W. Shealy Jr.
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Craig Martin
For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …
The United Nations As A Source Of International Legal Authority, G. L. Rose
The United Nations As A Source Of International Legal Authority, G. L. Rose
Professor Gregory Rose
What are the connections between the United Nations and The Samuel Griffith Society? One is that Australian constitutional lawyers are now examining the relationship between international law and constitutional law. Justice Kirby of the High Court of Australia first argued for the relevance of international law in construing the federal constitutional requirement of "just terms" in compensation for compulsorily acquired property (s. 51(xxxi)). In Newcrest Mining v. Commonwealth in 1997, he stated that in cases of ambiguity in the federal Constitution, "international law is a legitimate and important influence on the development of the common law and constitutional law, especially …
The International Undertaking On Plant Genetic Resources For Food And Agriculture: Will The Paper Be Worth The Trees?, G. L. Rose
Professor Gregory Rose
The workability of a new treaty on plant genetic resources, adopted in 2002, is analysed. The pre-existing international legal regime that influenced its development and the treaty's place within that regime is considered.
Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska
Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska
Professor Gregory Rose
The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative …
International Law Of Sustainable Agriculture In The 21st Century, G. L. Rose
International Law Of Sustainable Agriculture In The 21st Century, G. L. Rose
Professor Gregory Rose
This paper examines the new PGR Treaty, assessing what it contains that is innovative and what it contains that are repackaged existing arrangements. Therefore, the PGR Treaty is described in the context of the pre-existing arrangements and the political forces that shaped it. The examination commences by providing a historical perspective on the transfer and use of plant genetic resources. It introduces institutional arrangements that predate the Treaty and explains the relationships between them. In this, attention focuses on the International Undertaking on Plant Genetic Resources for Food and Agriculture 1983 (International Undertaking) and the Treaty on Biological Diversity 1992 …
Global Warming Trend? The Creeping Indulgence Of Fair Use In International Copyright Law, Richard Peltz-Steele
Global Warming Trend? The Creeping Indulgence Of Fair Use In International Copyright Law, Richard Peltz-Steele
Richard J. Peltz-Steele
In her article Toward an International Fair Use Doctrine in 2000, Professor Ruth Okediji hypothesized that the internationalization of copyright law would threaten the freedom of expression if some doctrine akin to U.S. “fair use” were not established as an international legal norm. Acknowledging the central concern of the Okediji article, this paper analyzes research and legal developments since that article to determine how the present state of the “fair use” concept in international copyright law differs from its state in 2000. The paper concludes that in the last eight years, though there has been no formal adoption of an …
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Sari M Graben
The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …