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Articles 1 - 11 of 11

Full-Text Articles in Law

Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers Nov 1987

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 Jun 1987

International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood

West Virginia Law Review

No abstract provided.


Extraterritorial Jurisdiction Over Acts Of Terrorism Committed Abroad Omnibus Diplomatic Security And Antiterrorism Act Of 1986, Patrick L. Donnelly Mar 1987

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.


Terrorism: Israel's Legal Responses, Justus R. Weiner Jan 1987

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 Jan 1987

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 Jan 1987

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 …


International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt Jan 1987

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 Jan 1987

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 …


International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul Jan 1987

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 Jan 1987

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.


Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky Jan 1987

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.