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Articles 541 - 570 of 852
Full-Text Articles in International Law
Speech: Modern War And Modern Law, David Kennedy
Speech: Modern War And Modern Law, David Kennedy
University of Baltimore Law Review
Warfare has become a legal institution. Law organizes and disciplines the military, defines the battlespace, privileges killing the enemy, and offers a common language to debate the legitimacy of waging war — down to the tactics of particular battle. At the same time, law is no longer a matter of firm distinctions — combatant and non-combatant, war and peace. It has become a flexible and strategic partner for both the military and for humanitarians seeking to restrain the violence of warfare. The relationship between modern war and modern law is made all the more complex by today's asymmetric conflicts, and …
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
Faculty Publications By Year
This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …
Sosa And The Retail Incorporation Of International Law, Ernest A. Young
Sosa And The Retail Incorporation Of International Law, Ernest A. Young
Faculty Scholarship
Since its release in 2004, Justice Souter’s majority opinion in Sosa v. Alvarez-Machain has become something of a Rorschach blot, in which each of the contending sides in the debate over the domestic status of customary international law (CIL) sees what it was predisposed to see anyway. Neither the thoughtful article by Professors Curtis Bradley, Jack Goldsmith, and David Moore, nor this comment upon that article, is any exception to that tendency: we, too, read Sosa as vindicating our previously expressed positions on this debate. That is an embarrassing situation for scholars all round, and it counsels caution in interpreting …
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Writing Other Peoples’ Constitutions, Paul D. Carrington
Writing Other Peoples’ Constitutions, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Book Review, Laurence R. Helfer
Book Review, Laurence R. Helfer
Faculty Scholarship
reviewing Eyal Benvenisti & Moshe Hirsch eds., The Impact of International Law on International Cooperation: Theoretical Perspectives (2004)
Me And My Shadow: The European Court Of Justice And The Disintegration Of European Union Law, Anthony Arnull
Me And My Shadow: The European Court Of Justice And The Disintegration Of European Union Law, Anthony Arnull
Fordham International Law Journal
The European Court of Justice (“the ECJ” or “the Court”) is widely recognized as one of the world's most successful international tribunals and has been held up as a model for others. Its reputation is in large measure based on its contribution to the “constitutionalization” of the European Community Treaties and to the functioning of the common market, particularly in the 1960s and 1970s. What has perhaps received less attention is the range of mechanisms employed by the Member States since the late 1980s to contain what they regard as expansive lawmaking by the ECJ. Those mechanisms have sometimes generated …
The Evolution Of The Free Movement Of Capital, John A. Usher
The Evolution Of The Free Movement Of Capital, John A. Usher
Fordham International Law Journal
After considering the evolution and scope of the capital movement rules, this Article will examine two distinct themes: 1) the treatment of discriminatory taxation under the capital movement rules, looking in particular at whether there is a coherent approach to this issue across the Treaty “freedoms,” and 2) the reaction of the European Court to the extension of the capital movement rules to third countries.
Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi
Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi
Fordham International Law Journal
Professor Obiora Chinedu Okafor of Osgoode Hall School of Law, Toronto, Canada, has written a well-researched and valuable book about Human Rights Non-Governmental Organizations ("NGOs") in Nigeria. ... " Similarly, in many countries, NGOs, in their capacity as civic society, have been given official roles in some key governance institutions such as in Nigerian National Human Rights Commissions, media watchdogs, Governmental Commissions, and so forth. In chapter five of the book, Professor Okafor candidly describes the funding patterns of human rights NGOs in Nigeria. As Professor Okafor tells the story, the trail of the "popular legitimization crisis" of local human …
A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver
War Crimes Memoranda
No abstract provided.
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
War Crimes Memoranda
No abstract provided.
Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd
Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd
War Crimes Memoranda
No abstract provided.
Discuss The Relationship Between Command Responsibility And Jce3. Address Specifically The Argument That If Jce3 Applies Then Any Acts Of Violence Committed By Service Members Against Civilians (Such As Rape) Will Be War Crimes Because Such Acts Are Foreseeable During War. Also Address Whether The Approach Of Applying Jce3 To War Crimes Dictates That Commanders Will Always Be War Criminals When Pursuing A War., Meredith Wood Bowen
War Crimes Memoranda
No abstract provided.
How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond
How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond
War Crimes Memoranda
No abstract provided.
In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett
In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett
War Crimes Memoranda
No abstract provided.
Individual Liability For Those Who Establish Or Control Instruments Of Government Specifically Addressing The Argument To What Extent, And How Far Can Reliance On An Accused’S Participation In The Establishment And/Or Control Of The Instruments Of Government That Spearheaded/Masterminded A Genocide And Other International Crimes, Take The Prosecutor In Establishing The Criminal Culpability Of An Accused?, William Clifford Ferrell
War Crimes Memoranda
No abstract provided.
Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison
Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison
War Crimes Memoranda
No abstract provided.
Prosecuting The Crime Of Destruction Of Cultural Property. Specifically Addressing Whether The 1954 Hague Convention For The Protection Of Cultural Property In The Event Of An Armed Conflict Allows For The Eccc To Prosecute The Crime Of Destruction Of Cultural Property And Determining What Are The Elements Of Such A Crime., Anup Misra
War Crimes Memoranda
No abstract provided.
Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick
Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick
War Crimes Memoranda
Should the International Criminal Court (ICC) allow self-represented defendants an absolute right to cross- examine witnesses?... If so, how much leeway should the court allow the defendant to have? Should the ICC refrain from impinging on the defendant’s right or limit the defendant’s ability during cross-examination? Should the ICC allow a represented defendans to follow up his counsel’s cross-examination with more cross examination of his own, as is allowed in the IHT and other civil law countries generally?
The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte
The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte
War Crimes Memoranda
No abstract provided.
The Scope Of Military Necessity, Lydia Bakaki
The Scope Of Military Necessity, Lydia Bakaki
War Crimes Memoranda
No abstract provided.
To What Extent Is There Individual Criminal Responsibility For Violations Of The Vienna Convention On Diplomatic Relations (1961) Under Article 8 And 29 Of The Eccc Law? If Liability Exists, What Are The Elements Of Such Crimes?, Colin Nisbet
War Crimes Memoranda
No abstract provided.
What Is The Evidentiary Threshold Of The Terms “Widespread” And “Systematic” When Proving Crimes Against Humanity In The Cambodian Context?, Samir Hadeed
War Crimes Memoranda
No abstract provided.
What Provisions And Protections Need To Be Put Into Place By The Ictr And The International Community For The Protection Of Those Indicted But Acquitted By The Ictr?, Kelly Schmidt
War Crimes Memoranda
No abstract provided.
Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day
Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day
War Crimes Memoranda
No abstract provided.
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
War Crimes Memoranda
No abstract provided.
What Was Saddam’S Status When He Was In United States Custody At The Request Of The Iraqi Government? Does The Characterization Of The Conflict Affect Saddam's Status As A Detainee? Can A Prisoner's Status Change Over Time, And If So, How?, Robert C. Bliss
War Crimes Memoranda
No abstract provided.
The Post-Trial Re-Sentencing Of Ramadan: If The Iraqi High Tribunal Deviates From International Standards Regarding Fair Trials, What Are The Potential Legal Obstacles To The Transfer Of Convicted Iraqi High Tribunal Defendants From Us Custody To Iraqi Custody?, Chelan Bliss
War Crimes Memoranda
No abstract provided.
After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika R. George
After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika R. George
Loyola University Chicago International Law Review
No abstract provided.