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Articles 301 - 330 of 341

Full-Text Articles in International Law

Introduction To The Imperial Presidency And The Consequences Of 9/11, Mark R. Shulman Jan 2007

Introduction To The Imperial Presidency And The Consequences Of 9/11, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt Jan 2007

Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …

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The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman Jan 2006

The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson Jan 2006

Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Training Manual On International Environmental Law, Nicholas A. Robinson Jan 2006

Training Manual On International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without analyzing each of the hundreds of agreements and instruments in the field, this Training Manual seeks to provide a comprehensive overview of the current body of environmental law. It is aimed at legal stakeholders from all backgrounds including government representatives, judges, university professors and students from both developed and developing countries, to enable them to more effectively participate in the global, regional and national efforts to preserve our Earth for future generations. Specific topics are first presented at the international level and then followed by extracts of national legislation showcasing real life examples of how national law today reflects …

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The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula Jan 2006

The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Economic globalization represents both an unmet opportunity and a significant challenge for the fulfillment of social and economic rights, including the right to food. While corporate sector accountability and the responsibility of international financial institutions (IFIs) to ensure social and economic rights are now at the forefront of the globalization discourse, greater attention must be paid to how these actors can be held accountable under international law. The existing human rights legal framework is ill-equipped to deal with violations committed by non-state actors, such as transnational corporations (TNCs), and multi-state actors, such as IFIs. Using the right to food as …

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Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson Jan 2005

Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Unique among international organizations, the International Union for the Conservation of Nature and Natural Resources (IUCN) operates at the global, regional, and national levels to build governmental capacity to protect the environment. With a membership of over 75 sovereign states and 800 nongovernmental organizations, IUCN functions as an intergovernmental organization at the transnational level while operationally embodying the maxim "think globally, act locally." IUCN acts as a consortium of environmental scientists and professionals, including environmental lawyers who have proposed and secured adoption of significant environmental treaties such as the Convention on the International Trade in Endangered Species (CITES) and their …

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The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

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The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson Jan 2004

The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.

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Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Times of emergency may justify certain restrictions on liberties, but the nature of the terrorist challenge calls for a much more measured and nuanced response. Al Qaeda is said to have cells operating in as many as sixty countries. Furthermore, Al Qaeda is best described as a decentralized network of extremist Islamic groups and individuals rather than a unified military organization. To reduce or eliminate the threat they pose requires the cooperation of the governments, police officers, and individual citizens in the countries where Al Qaeda linked individuals and groups operate. Such help is necessary to obtain intelligence, arrest, capture, …

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Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson Jan 2003

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental norms are observed because they are norms about how people respect each other and the natural systems that sustain human communities. Environmental norms are basic to human well-being. They arise out of the human condition, not unlike human rights laws. Environmental norms emerge from the fact that humans exist within ecosystems, and human society is embedded in the natural systems in which they have evolved; environmental norms are grounded in an objective reality, and scientists can measure the consequences of observing--or failing to observe--those norms. The provisions of environmental norms, therefore, exist not merely as pronouncements of governments, applied …

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Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula Jan 2003

Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula

Elisabeth Haub School of Law Faculty Publications

This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP that also heads a coalition government at the center. The attacks were carried out with impunity by members of the BJP, the Rashtriya Swayamsevak Sangh (“RSS,” National Volunteer Corps), the Vishwa Hindu Parishad (“VHP,” World Hindu Council), and the Bajrang Dal (the militant youth wing of the VHP). Collectively, these groups are known …

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The Debate Over War Powers, Mark R. Shulman Jan 2003

The Debate Over War Powers, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu Sep 2002

International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu

Pace International Law Review

No abstract provided.

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"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein Jan 2002

"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …

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Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson Jan 2002

Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …

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Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson Jan 2002

Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental management has emerged as an important element of governance in practically every nation. This was not the case before the United Nations convened the 1972 Conference on the Human Environment in Stockholm. After Stockholm, nations learned to build environmental ministries and work across sectors nationally, and discovered how difficult it is to reshape entrenched national practices in order to curb pollution and conserve natural resources. With growing experience and knowledge, nations came to realize that no one government alone could safeguard the environment, and that international cooperation would need to be enhanced.

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Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell Jan 2002

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a …

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Justice Denied? The Adjudication Of Extradition Applications, Ann Powers Jan 2002

Justice Denied? The Adjudication Of Extradition Applications, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article was prompted when a well-regarded LL.M. candidate at Pace Law School's Center for Environmental Legal Studies was arrested and subjected to extradition proceedings. Faculty, staff, and students became embroiled in efforts, ultimately successful, to challenge the extradition request. In doing so, they confronted the substantive and procedural barriers faced by an accused in current extradition processes and the significant potential for human rights abuses. Thus, this article, which analyzes current extradition law, updates what has been a slowly developing area of the law and proposes changes to address some of the shortfalls. Part II presents a brief history …

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Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson Jan 2001

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …

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David Ross Brower And Nature's Laws, Nicholas A. Robinson Jan 2001

David Ross Brower And Nature's Laws, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …

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Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson Jan 2001

Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …

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Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger Jan 2000

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …

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Human Rights And Non-State Actors, Thomas Michael Mcdonnell Jan 1999

Human Rights And Non-State Actors, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt Jan 1999

Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …

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The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton Jan 1997

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …

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The Law Of Sustainable Development, Nicholas A. Robinson Jan 1996

The Law Of Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …

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Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell Jan 1996

Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

This Article unravels the non-self-executing treaty doctrine, examines the invocation of a treaty as a defense to governmental action, and develops a test for when an individual (rather than a government) may assert a treaty defensively in state or federal courts. Lastly, this Article applies this test to state-sponsored kidnapping and the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The parties to this treaty, which was sponsored by the United States, barred one country's law enforcement agents from operating without permission on another country's soil and rejected a provision requiring a country to extradite its own …

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Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson Jan 1995

Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.

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Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia Jan 1994

Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia

Pace International Law Review

No abstract provided.

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