International Law Commons^™

Delegalization Of Arms Control – A Democracy Deficit In De Facto Treaties Of Peace, Antonio F. Perez

Scholarly Articles

Delegalization of arms control is now an accomplished fact. In this period of potential dramatic revision of the international order, it is not surprising that the US is seeking increased flexibility in pursuing several strategies, including the full use of military and technological advantages. The motivations behind this include US interests, as well as long run global interests. What may be surprising, however, is the potential risk to our democratic processes from delegalization of arms control-that is to say, the danger posed by reduced use of arms control treaties with built-in processes of transparency and democratic accountability.

The potential risk …

The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark

Seattle University Law Review

This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.

The Cracked Foundations Of The Right To Secede, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Constitutional Analogies In The International Legal System, Laurence R. Helfer

Faculty Scholarship

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and …

The Sword In The Mirror – The Lawfulness Of North Korea's Use And Threat Of Use Of Nuclear Weapons Based On The United States' Legitimization Of Nuclear Weapons, Charles J. Moxley, Jr.

Fordham International Law Journal

This Article addresses the lawfulness of the use or threat of use of nuclear weapons by the Democratic People's Republic of Korea ("North Korea" or "DPRK"). I address the topic from three perspectives: 1) North Korea's own statements of the matter; 2) U.S. statements of the law as applied to its own nuclear weapons; and 3) my evaluation of the matter based on international law as stated by the United States and as found by the International Court of Justice in the Nuclear Weapons Advisory Decision.

Suggested Revision Of The Standard Of Review That The Federal Circuit Applies To Appeals Of Antidumping And Countervailing Duty Cases For The U.S. Court Of International Trade, A Lecture Series, 36 J. Marshall L. Rev. 727 (2003), Gregory W. Carman

UIC Law Review

No abstract provided.

Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster

Book Chapters

In many jurisdictions around the world, the possibility of an ‘internal flight alternative’(IFA) (often referred to as ‘internal relocation alternative’) is invoked to deny refugee status to persons at risk of being persecuted for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee lawand policy, the viability of a universal commitment to protection is challenged by divergence in State practice. The goals of this paper are therefore, first, briefly to review the origins and development of the practice of considering IFA as an aspect of the refugee …

(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott

War Crimes Memoranda

No abstract provided.

A Comparative Analysis Of The Mens Rea Requirment For Complicity As Appled In The International Tribuanls And The Common-Law Jurisdictions Of The United States, England & Australia, John W. Gold

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin

War Crimes Memoranda

No abstract provided.

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

War Crimes Memoranda

No abstract provided.

Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel

War Crimes Memoranda

No abstract provided.

Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler

War Crimes Memoranda

No abstract provided.

Does Conviction For Murder As A Crime Against Humanity Require Proof Of Premeditation? What Of The Differing Terms Used In The English And French Versions Of Article 3(A) Of The Ictr Statute And Article 5(A) Of The Icty Statute?, Jennifer Prude

War Crimes Memoranda

No abstract provided.

Does The Phrase “On Political, Racial, Or Religious Grounds” In Article 3(H) Of The Ictr Statute And 5(H) Of The Icty Statute Foreclose Conviction Based On Persecution Against Ethnic Or National Minorities?, Shaun M. Smith

War Crimes Memoranda

No abstract provided.

Head Of State Doctrine And International Law Violations, Diego A. Archer

War Crimes Memoranda

No abstract provided.

Procedural Rules Relating To The Admissibility Of Evidence Of A Consistent Pattern Of Conduct In Criminal Trials, Christopher B. Kiehl

War Crimes Memoranda

No abstract provided.

Reasoned Judgments Requirement In International Criminal Law, Heather M. Kern

War Crimes Memoranda

No abstract provided.

Responsibility Of Military Commanders To Protect Civilians From Attacks By Other Civilians And The State Within Commander’S Area Of Control, V. Justin Arpey

War Crimes Memoranda

No abstract provided.

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

War Crimes Memoranda

No abstract provided.

The Role Of The Prosecutor And The Judge, Robert Tibbitts

War Crimes Memoranda

No abstract provided.

Trial Of “The Butare Four” In Belgium, Jessica A. Harrah

War Crimes Memoranda

No abstract provided.

What Is The Distinction Between “Joint Criminal Enterprise” As Defined By The Icty Case Law And Conspiracy In Common Law Jurisdictions?, Rajiv K. Punja

War Crimes Memoranda

No abstract provided.

The Road To A Unified Peaceful Europe: Keynote Address, John B. Richardson

Loyola University Chicago International Law Review

No abstract provided.