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Articles 1 - 17 of 17
Full-Text Articles in Law
Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers
Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers
University of Miami Law Review
No abstract provided.
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
West Virginia Law Review
No abstract provided.
Outline Of A Talk On The Problem Of Jurisdiction In The Context Of International Terrorism, Sompong Sucharitkul
Outline Of A Talk On The Problem Of Jurisdiction In The Context Of International Terrorism, Sompong Sucharitkul
Publications
No abstract provided.
Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Scholarly Works
No abstract provided.
Extraterritorial Jurisdiction Over Acts Of Terrorism Committed Abroad Omnibus Diplomatic Security And Antiterrorism Act Of 1986, Patrick L. Donnelly
Extraterritorial Jurisdiction Over Acts Of Terrorism Committed Abroad Omnibus Diplomatic Security And Antiterrorism Act Of 1986, Patrick L. Donnelly
Cornell Law Review
No abstract provided.
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
Terrorism: Israel's Legal Responses, Justus R. Weiner
Terrorism: Israel's Legal Responses, Justus R. Weiner
Syracuse Journal of International Law and Commerce
Terrorism - politically motivated terrorism - is widely recognized today as one of the scourges of civilization. The frequency of terrorist acts, and the number of deaths and injuries that resulted have steadily increased during the past 20 years. Terrorism poses three challenges to the modern nation state: a security challenge, a moral challenge and a legal challenge. This article seeks to address the issues raised by the legal challenge, and particularly the responses to that challenge by Israel, whose citizens have been unceasing victims.
Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust
Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust
Vanderbilt Journal of Transnational Law
On October 7, 1985, members of a Palestinian group hijacked the passenger ship Achille Lauro. Not only did the hijackers hold more than one hundred passengers and crew members hostage for several days, but they murdered one of the passengers, Leon Klinghoffer, a United States national. On October 9 the hijackers released the vessel and remaining hostages. On October 10 the hijackers and an alleged mastermind of the operation, Mr. Abbas, were on board an Egyptian aircraft flying over the high seas in the Mediterranean when United States military aircraft intercepted the Egyptian aircraft and forced it to land in …
Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman
Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman
Vanderbilt Journal of Transnational Law
Kelsen, in his writings, took the position that in law, particularly international law, there are superior and inferior limits to the law; that is, when a norm is articulated and the society behaves in conformance with the norm, and it would do so even in the absence of the norm, the norm is not serving a legal function; it is not serving a normative function of encouraging behavior because the behavior would be in conformance with that norm in any event. There's also the inferior limit to the law; that is, a situation where a rule is articulated but the …
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Scholarly Works
On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt
International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt
Vanderbilt Journal of Transnational Law
This Article aims to contribute to an understanding of the reality and the potential of international cooperation to combat terrorism by examining one of the most important channels through which governments have attempted to achieve such cooperation: the Economic Summit Seven (the Seven or the Group). Focusing in particular on the Group's work in the area of terrorism against international civil aviation, this Article will discuss how and why the Group became involved in counterterrorism; review the Group's declarations on terrorism and their context; outline the international background to those declarations; describe the most important single action the Group has …
Remarks Of Professor Robert A. Friedlander, Professor Robert A. Friedlander
Remarks Of Professor Robert A. Friedlander, Professor Robert A. Friedlander
Vanderbilt Journal of Transnational Law
Terrorism, in its essence, consists of common crimes: murder, attempted murder, kidnapping, aggravated battery, aggravated assault, arson and whatever other act of violence is utilized for terrorist ends and as terrorist means. Admittedly the world's democracies have not only failed to develop an acceptable definition for the global arena, they have also been unable to fashion a proper meaning for their own domestic statutes. We should never forget the symbiotic relationship which exists between terrorism and democracy. As the French political analyst, Jean Francois Ravel, has cogently remarked: "The main target of international terrorism is the idea of freedom as …
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Northwestern Journal of International Law & Business
In view of such considerations, this Comment will first explore the history of the Warsaw Convention, then examine the expansion of airline liabililty in cases of terrorism and wilful misconduct. Finally, the Comment will explore alternative means of compensating victims of terrorism.
International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul
International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul
Syracuse Journal of International Law and Commerce
Problems of pluri-dimensional complexity of definition, classification and norm-formulation converge in any meaningful endeavor to explore practical measures to prevent, preempt or otherwise to discourage and suppress acts of terrorism on an international scene. The present study is devoted to the treatment of only one of these problems, namely, the problem of jurisdiction. This problem presents itself in more than one connection. To ensure proper appreciation of the nature and scope of the multi-faceted problem of jurisdiction in the context of international terrorism, preliminary attention is focused on the need to adopt a balanced approach to the basic notion of …
Profile Of A Terrorist: Distinguishing Freedom Fighters From Terrorists, L. F. E. Goldie
Profile Of A Terrorist: Distinguishing Freedom Fighters From Terrorists, L. F. E. Goldie
Syracuse Journal of International Law and Commerce
As the terrorist becomes increasingly internationalized, he becomes more the enemy of all mankind than at any previous time. In this process, states are seeking everwidening bases for exercising their jurisdiction in their pursuit of security and the implementation of punishment for indiscriminate killing and injury. This paper will review and advocate developments in this search for a universal or near-universal jurisdiction against a crime which once was seen as consecrated to patriotism but which is now seen as an inhuman, anarchistic act having, possibly, its own twisted validity for its perpetrator but, in truth, being perpetrated against all mankind.
A Legal Theory Of International Terrorism, Ali Khan
A Legal Theory Of International Terrorism, Ali Khan
Ali Khan
The theory of terrorism as a political disorder is neutral in that it rejects national perspectives. It focuses on the disorder that causes terrorism, but does not distinguish between terrorists and freedom fighters. From this basis, the article argues that an international political disorder that causes terrorism is a dispute within the meaning of Article 33 of the United Nations Charter, which mandates that the parties to any dispute shall, first of all, seek a solution by peaceful means including negotiation.12 Unless the parties to a dispute - the aggrieved group, the suppressive states, and the supportive states - are …