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Full-Text Articles in Law

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith Apr 2003

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.


Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson Apr 2003

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 …


The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson Jan 2003

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2003

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2003

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter Jan 2003

Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams Jan 2003

Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez Jan 2003

Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff Jan 2003

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …


Achieving A Final Status Settlement For Kosovo, Paul Williams, R Hitchner, Janusz Bugajski Jan 2003

Achieving A Final Status Settlement For Kosovo, Paul Williams, R Hitchner, Janusz Bugajski

Articles in Law Reviews & Other Academic Journals

On November 19, 2002, the Center for Strategic and International Studies (CSIS), the National Albanian American Council, and the Dayton Peace Accords Project held a one-day conference in Washington, D.C., at CSIS, entitled “The Future of Kosovo.” The conference was attended by U.S. policymakers, congressional representatives, regional specialists, nongovernmental organizations (NGOs), business leaders, journalists, as well as key activists and analysts from Kosovo. The vital question of Kosovo’s emerging status was discussed openly with a view to producing a subsequent report offering concrete recommendations to the U.S. administration, U.S. legislators, and major international organizations on the question of Kosovo’s future …


El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón Jan 2003

El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson Jan 2003

Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson

Articles in Law Reviews & Other Academic Journals

This article deals with the tension of “returnees” and how that tension reflects the distribution of resources in globalization through the context of Jamaica. Returnees are often citizens who leave Jamaica in order to take advantage of economic opportunity or to create upward social mobility not presently available to them in their homeland. Returnees maintain connections with family and friends with the desire and purpose to one day return. However, many returnees have been subjected to violent attacks upon returning to their homeland. Returnees in a sense become carriers of globalization, and their return to their homeland signals the very …


The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft Jan 2003

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 …


International Law Issues In Death Penalty Defense, Richard J. Wilson Jan 2003

International Law Issues In Death Penalty Defense, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher Jan 2003

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams Jan 2003

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Democrativ Principles And Separatist Claims: A Response And Further Inquiry, Diane Orentlicher Jan 2003

Democrativ Principles And Separatist Claims: A Response And Further Inquiry, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Donald Horowitz has grounds for concern about legal innovations that may provide fresh inspiration to separatist movements. It is baffling, however, that he attributes proseparatist views to me. I will try here to clarify the principal sources of misunderstanding and hope, along the way, to deepen our consideration of issues that are well worth further exploration.


International Responses To Separatist Claims: Are Democratic Principles Relevant?, Diane Orentlicher Jan 2003

International Responses To Separatist Claims: Are Democratic Principles Relevant?, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Although a perennial feature of global politics, separatist movements had scant prospect of success for nearly half a century after World War II. And so the recent proliferation of new states has shattered settled expectations. In the 1990s, Yugoslavia fractured into five states, the Soviet Union split into fifteen, Eritrea separated from Ethiopia, Czechoslovakia divided into the Czech Republic and Slovakia, and East Timor won independence from Indonesia. The success of breakaway movements from Slovenia to Eritrea has given new impetus to a raft of other separatists across the globe. And small wonder: the surge in state making in the …


Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams Jan 2003

Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams

Articles in Law Reviews & Other Academic Journals

There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."


The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff Jan 2003

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 …