Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Law
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Popular Media
The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …
A New Liberal Trade Policy Foundation, Hal S. Shapiro
A New Liberal Trade Policy Foundation, Hal S. Shapiro
ILSA Journal of International & Comparative Law
With the enactment of Trade Promotion Authority legislation in August of 2002' and a lackluster performance by Democrats in the November elections that followed, 2 a profound question looms over the left wing of the American body politic, a question that has attracted all too little attention to date: Has the time come for a new liberal approach to international trade and globalization?
The Impact Of September 11 On Terrorism Insurance: Comparing Senate Bill 2600, House Of Representatives Bill 3210, And The United Kingdom's Pool Re., Andrew S. Neuwelt
The Impact Of September 11 On Terrorism Insurance: Comparing Senate Bill 2600, House Of Representatives Bill 3210, And The United Kingdom's Pool Re., Andrew S. Neuwelt
ILSA Journal of International & Comparative Law
"If insurance is a small world that reflects the purposes of the larger world outside it,"' then the events of September 11 have dealt a devastating blow to both worlds.
Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto
Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The issues that the Article tackles are obviously complex and lengthy, however the Article has as its modest goal the exploration of the general arguments that the use of force to counter terrorism raises under the UN Charter regime on the use of force. In Part II, the Article gives an overview of the UN and terrorism noting the ambivalence in addressing the issue that has contributed to the confusion over a precise definition in large part reflective of the basic disagreement over the elements of terrorism itself. Part II then adopts a definition for the purposes of this Article. …
War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah
War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah
Faculty Publications
Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …
Book Review, Lakshman Guruswamy
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft
Articles in Law Reviews & Other Academic Journals
Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …
The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers
Faculty Scholarship
No abstract provided.
Kosovo: Virtual War And International Law, Aaron Schwabach
Kosovo: Virtual War And International Law, Aaron Schwabach
Faculty Scholarship
No abstract provided.
The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff
The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff
Articles in Law Reviews & Other Academic Journals
Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …
Enemy Combatants, The Courts, And The Constitution, Roberto Iraola
Enemy Combatants, The Courts, And The Constitution, Roberto Iraola
Oklahoma Law Review
No abstract provided.