International Law Commons^™

Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams

Scholarly Articles in Law Reviews & Journals

As the situation in Iraq continues to stabilize, the people of Iraq will turn to the task of reconstituting an Iraqi state. One of the first steps in this process will be to design, agree upon, and implement a new constitutional structure. While drafting a new constitution is a difficult and contentious process for any country, the challenges are substantially magnified for Iraq given its complex mosaic of ethnic and religious identities, the history of repression under Saddam Hussein, the necessary presence of American forces, and Iraq’s complex relations with its neighboring states. The overriding tension faced by the drafters …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & 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

Scholarly Articles in Law Reviews & 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."

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & 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 …

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & 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 …

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

Scholarly Articles in Law Reviews & 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 …

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

Scholarly Articles in Law Reviews & 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 …

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & 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.

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

Scholarly Articles in Law Reviews & 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 …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Scholarly Articles in Law Reviews & Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

In this article, I argue that the protagonists in the sometimes bitter debate about dams that resulted in the establishment of the World Commission on Dams share common perceptions about development decision-making with the protagonists in the debates that have occurred at the local, national, and international level about such issues as natural resource and infrastructure projects, corporate relocations, globalization, and global governance. In this context, 'development decision-making' means the way in which individuals, groups and institutions decide to adopt and then implement policies, programs, and projects that affect the evolution of their own and/or other's social and physical environments. …

Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul Williams, Karina Waller

Scholarly Articles in Law Reviews & Journals

In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia. During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.