International Humanitarian Law Commons^™

Islam And The State, Ann Elizabeth Mayer

Cardozo Law Review

No abstract provided.

Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison

International Law Studies

No abstract provided.

Index

International Law Studies

No abstract provided.

International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch

Faculty Scholarship

To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …

Free Speech: It's Great For Hate, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

The Pull Of The Mainstream, Martti Koskenniemi

Michigan Law Review

A Review of Human Rights and Humanitarian Norms as Customary Law by Theodor Meron

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Public Demonstrations And The Rule Of Law In The Age Of Glasnost And Perestroika, 5 Am. U. J. Int'l L. & Pol'y 13 (1989), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

Conscientious Objection In South Africa: Governmental Paranoia And The Law Of Conscription, Lynn Berat

Vanderbilt Journal of Transnational Law

By the end of 1975, Mozambique and Angola' had gained independence; in 1980, Rhodesia became black majority ruled Zimbabwe.' Although it is currently occupied illegally by South Africa in contravention of both a United Nations Security Council Resolution and an advisory opinion of the International Court of Justice,' even Namibia (also known as South West Africa) will soon become an independent state.' No longer surrounded by a buffer zone of white minority ruled states separating it from black ruled Africa, South Africa stands alone, the last outpost of white supremacy on the continent.

Amidst all of these developments, the South …

The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey

UIC Law Review

No abstract provided.

Humanitarian Intervention, Daniel Wolf

Michigan Journal of International Law

This article argues that humanitarian intervention to prevent the mass slaughter by a state of its own citizens is not only a morally but a legally justifiable act under current norms of international law. The first section of the article discusses the traditional international legal rules concerning the doctrine of humanitarian intervention and their relevance to contemporary law. The second section analyzes the effect of the advent of the United Nations Charter on the legality of humanitarian intervention. Drawing on state practice and the opinion of the international legal community, the third section argues that the emergence of a post-Charter …

The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Table Of Contents, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.

Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry

UIC Law Review

No abstract provided.

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

International Courts And The Efficacy Of International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

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 …

Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith

Antioch Law Journal

Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …

Special Project--Feast Or Famine: Issues, Problems, And Procedures Relating To Massive Relief Efforts With A Focus On The African Crisis, Peggy F. Brandenburg, Susan N. Burgess, Scott N. Greenspun, Sharon M. Janarek, Patrick M. Thomas, Linda L. Kotis

Vanderbilt Journal of Transnational Law

"The profound promise of our era is that for the first time we may have the technical capacity to free mankind from the scourge of hunger. Therefore, today we must proclaim a bold objective--that within a decade no child will go to bed hungry, that no family will fear for its next day's bread, and that no human being's future and capacities will be stunted by malnutrition."

One decade later, the ongoing drought and famine in Ethiopia, Chad, Mozambique and other African countries cruelly portray the failure of that promise. Each year, millions of dollars worth of aid, much of …

Immigration And Naturalization Service V. Stevic: Standards Of Proof In Refugee Cases Involving Political Asylum And Withholding Of Deportation, Arthur C. Helton

West Virginia Law Review

No abstract provided.

Separation Of Powers And Adjudication Of Human Rights Clalims Under The Alien Tort Claims Act—Hanoch Tel-Oren V. Libyan Arab Republic, 726 F.2d 774 (D.C. Cir. 1984), Cert. Denied, 105 S. Ct. 1354 (1985), Laura Wishik

Washington Law Review

This Note examines the opinions in Tel-Oren that relied upon separation of powers principles to foreclose adjudication of section 1350 suits. The Note explores the underlying reasons for advocating judicial deference on foreign affairs issues. Judge Robb's application of the political question doctrine to Tel-Oren, and Judge Bork's use of both the political question and act of state doctrines as evidence of separation of powers principles that require judicial abstention, are analyzed in detail. Alternative principles that limit jurisdiction over such claims are examined, including the act of state doctrine, sovereign immunity, forum non conveniens, and the evidence required to …

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

UIC Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Faculty Publications

No abstract provided.

Political Refugees, Nonrefoulement And State Practice: A Comparative Study, Robert C. Sexton

Vanderbilt Journal of Transnational Law

This Article will survey and assess the attempts of five of the major refugee receiving countries of the West, the United States, Canada, Great Britain, France, and Italy, to comply with the mandates of the Convention and Protocol. Specifically, inquiry will focus on the two issues most applicable to the admission and exclusion of political refugees: (1) domestic interpretation of the Convention definition of "refugee;" and (2) adherence to the principle of nonrefoulement, which is the Convention's proscription on returning persons falling within its refugee definition to countries of alleged persecution.

Section II explores the precise substantive provisions of the …

A Commentary On American Legal Scholarship Concerning The Admission Of Migrants, James A.R. Nafziger

University of Michigan Journal of Law Reform

The following essay will focus attention on American legal scholarship concerning the admission of migrants. This topic is instructive and practical because of its impact on both municipal and global law. An eminent international jurist observed that greater foresight by scholars twenty-five years ago could have averted many current problems of migration. Today, these problems arise from such sources as the population explosion, periodic droughts, the pull factor of opportunities in advanced economies, and massive political unrest in the Horn of Africa, Afghanistan, Southeast Asia, Central America, and elsewhere. Migrants are knocking at the gates of sovereignty, even crashing some …

Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton

University of Michigan Journal of Law Reform

Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …

Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway

Antioch Law Journal

In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …

Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera

Vanderbilt Journal of Transnational Law

Charter 77 was published in Prague in early January, 1977. At that time the document contained 240 signatures, a number which increased by 1977 to over 600. This Charter marked the beginning of a new period in the political history of Czechoslovakia, a period of public affirmation of fundamental liberties. It is useful to recall briefly reactions to the publication of this document in the East and the West, and to analyze its profound significance. It is also important to examine the major events that have taken place since 1977 and the inspiration which Charter 77 derived from the United …