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Full-Text Articles in Law
Three Grotian Theories Of Humanitarian Intervention, Evan J. Criddle
Three Grotian Theories Of Humanitarian Intervention, Evan J. Criddle
Faculty Publications
This Article explores three theories of humanitarian intervention that appear in, or are inspired by, the writings of Hugo Grotius. One theory asserts that natural law authorizes all states to punish violations of the law of nations, irrespective of where or against whom the violations occur, to preserve the integrity of international law. A second theory, which also appears in Grotius’s writings, proposes that states may intervene as temporary legal guardians for peoples who have suffered intolerable cruelties at the hands of their own state. Each of these theories has fallen out of fashion today based on skepticism about their …
The Role Of Naval Power In The Development Of Customary International Law, John J. Chung
The Role Of Naval Power In The Development Of Customary International Law, John J. Chung
Law Faculty Scholarship
No abstract provided.
The Post-Postcolonial Woman Or Child, Diane Marie Amann
The Post-Postcolonial Woman Or Child, Diane Marie Amann
Scholarly Works
This essay is based on remarks given as Distinguished Discussant for the 16th annual Grotius Lecture at the 2014 Annual Meeting of the American Society of International Law/Biennial Conference of the International Law Association. The essay examines the international law status of women, on the one hand, and children, on the other, through the contemporary lens of the post-postcolonial world and the historical lens of Hugo Grotius and the colonialist era. In so doing, the essay responds to the principal Grotius Lecture, "Women and Children: The Cutting Edge of International Law," which was delivered by Radhika Coomarswamy, NYU Global Professor …
African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt
African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt
Journal Publications
This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA 'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international …