International Law Commons^™

International Law And Military Activities In Outer Space, Robert L. Bridge

Akron Law Review

The object of this review is to establish definitively the legal constraints which currently apply to military activities in space. Research has disclosed no single reference less than eight years old which examines all the issues to be discussed here. A great flurry of scholarly legal writing attended the launching of the Russian Sputnik in 1957, but comparatively little has been written since the late 1960's. Thus, much of the source material cited here is ten to fifteen years old.

Private Management And Operation Of The Space Shuttle: Some Legal Problems Related To Market Entry, George S. Robinson

Akron Law Review

Most of the private enterprise constituency interested in participating in the commercial exploitation of near and deep space will be subject to a multitude of new laws and entire legal regimes, ranging in scope from public and private international law to domestic legislation, implementing regulations and, even the old and new anti-trust laws. The majority of the interested business community has no idea that an amalgam of specific legal principles and regimes already exists of sufficient distinction to be called "space law."

The Development Of Credit Co-Operatives Within The State Of Victoria, Australia, Peter Gilchrist Lumb, Kevin John Thompson

Akron Law Review

This article is intended to be of an informative rather than academic nature. As the reader will appreciate the co-operative movement in Victoria is still in its infancy and in consequence there has been little case law development in Victoria or throughout Australia.

Lease, Charter And Interchange Of Aircraft: A Governmental Perspective, John T. Stewart Jr.

Akron Law Review

The problems concerning the responsibility of the State of registry with respect to its aircraft which are operated by an operator whose nationality is of another State are primarily jurisdictional in nature. In dealing with them international focus has been upon safety, criminal jurisdiction, property rights in aircraft, and to some extent the responsibilities for damages resulting from the operation of the aircraft which cloak both the State of registry and the State of the operator. What follows outlines briefly the various approaches used by the international legal community to resolve the problems associated with aircraft leases and will be …

Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider

Akron Law Review

It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.

Resolving The Energy War Through International Law And Solar Technology, Aldo Armando Cocca

Akron Law Review

A striking feature of the past decade has been a new form of war. This war, a controversy carried to extremes, apparently will not remain isolated. This conflict may be seen as a predecessor of future battles for survival, for instance a "non-renewable resources war." Such wars are not concerned with territorial boundaries; they have a much wider economic effect. They involve the entire civilized community.

The energy conflict presently has gone beyond the crisis stage. Not only is a forthcoming peace beyond the horizon, the war itself is becoming increasingly aggressive. The fact that the weapon is an exhaustible …

The Iranian Crisis: Who Should Do What?, Roger Fisher

Akron Law Review

When people talk about international law that way I think that we are like the crew of that B-17. We are in this together. If international law doesn't work, we are all in for a crash landing.

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

Humanitarian Laws Of Armed Conflict In Sweden: Ogling The Socialist Camp, Jacob W.F. Sundberg

Akron Law Review

The inhabitants of a country with the military-geographical location of Sweden should find it natural, one would think, to consider extensively the political and legal-philosophical message of the world which surrounds the country, most conspicuously to the east and to the south, and, by navies below the horizon, less conspicuously to the north and to the west. Everywhere is the Socialist Camp - a not unlikely adversary in some future conflict. In Sweden, however, there prevails a surprising reluctance to discuss the realities of the Camp. To say the least, such discussion is up-hill work. Looking for the reasons why, …

Nanotechnology And The Future Of The Law Of Weaponry, Hitoshi Nasu

International Law Studies

Novel applications of nanotechnology for military purposes are expected to have a transformative impact on the way in which wars can be fought in the future battlespace, with the potential to drive changes to the law of weaponry. This article considers the potential of military applications of nanotechnology to bring changes to the existing principles and rules of weapons law. It specifically focuses on the likelihood that more sophisticated, miniaturized and tailored weapons and weapon systems will be produced that enable mechanical precision of targeting with no or few civilian casualties.

Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis

International Law Studies

The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.

The African Charter On Human And Peoples' Rights: Some Preliminary Thoughts, Daniel C. Turack

Akron Law Review

Generally there is a plethora of literature on human rights. Recently published research guides' are most helpful in assisting the researcher and scholar who wants to be informed about this vital area of international law. However, with regard to research into human rights in Africa, there are some special problems to be encountered and a dearth of primary source materials in libraries.

In reference to Africa, this focus is on the sub-Saharan states of the continent excluding the Republic of South Africa and Namibia. Before looking at the Charter, it is important to look at how the African states have …

Using Microcomputers And P/G% To Predict Court Cases, Stuart S. Nagel

Akron Law Review

The purpose of this article is to analyze a microcomputer program that can process a set of (1) prior cases, (2) predictive criteria for distinguishing among the cases, and (3) the relations between each prior case and each criterion in order to arrive at an accurate decision rule. Such a rule will enable all the prior cases to be predicted without inconsistencies, and thereby maximize the likelihood of accurately predicting future cases. To illustrate the program, this article uses five substantive fields, including the predicting of cases dealing with religion in the public schools, legislative redistricting, housing discrimination, international law, …

Sweden And Humanitarian Law, Atle Grahl-Madsen

Akron Law Review

Professor Jacob W.F. Sundberg's article on "Humanitarian Laws of Armed Conflict in Sweden: Ogling the Socialist Camp"' has neither head nor tail. When coming to the author's "conclusions" the reader is likely to be dumbfounded: he may not have realized that this was what the article was all about. Up to that point he has been introduced to a variety of matters, presented in a hodge-podge manner. The article is failing on its own "merits."

However, the article is full of innuendo, half-truths and untruths. If published at home, no one knowing the author and his ideas would have paid …

The Common Interest In The Exploration, Use And Exploitation Of Outer Space For Peaceful Purposes: The Soviet-American Dilemma, Carl Q. Christol

Akron Law Review

It may be supposed that the final disposition of the use of anti-satellite satellites (ASAT) will take the form of an international agreement which would prescribe required conduct and which would meet the national interests of the signatories. Some attention might be given to a possible alternative. One suggestion is for each of the superpowers to announce that it will pursue a given policy provided the same policy is adhered to by the other. Or, perhaps the promulgation of a national position, for example, a moratorium on ASAT launches, if rigorously adhered to by the other State, might lead to …

A Good Treaty, Thomas E. Mcmahon

Akron Law Review

Time and space do not permit me to comment on the many worthy provisions within Protocol 1, so I have chosen two articles in the Protocol which strike me as important in the light of my experience: 1) Article 26 - Medical Aircraft in Contact or Similar Zones, and 1I) Article 77 - Protection of Children.

Additional Protocol I: A Military View, Burrus M. Carnahan Usaf

Akron Law Review

This paper is intended to analyze Additional Protocol I from a military perspective. More specifically, it presents the views of a United States military officer (albeit an officer who is also a lawyer) on the Protocol.

To begin with, the Protocol, if ratified by the United States, would be taken seriously by our armed forces. It is United States policy to comply with the law of war in the conduct of military operations, and this body of law is regularly applied in American military courts. During the war in Southeast Asia, for example, 36 members of the U.S. Army were …

Pros And Cons Of The 1977 Protocol I, Howard S. Levie

Akron Law Review

There are many provisions of value to be found in the 1977 Protocol Additional to the 1949 Geneva Conventions (Protocol ). Unfortunately, there are also a number of provisions which would have been better left undrafted. This discussion will be limited to several provisions, or groups of provisions, which appear to be major advances in the humanitarian law of war - and several provisions, or groups of provisions, which appear to be retrogressive. Obviously, neither list will be all-inclusive; to make them so would require a listing and discussion of practically every substantive article in the Protocol. In fact, inasmuch …

Protocol I: Moving Humanitarian Law Backwards, Douglas J. Feith

Akron Law Review

Colonel Carnahan of the Office of the Joint Chiefs of Staff has reviewed some of the practical military problems with Protocol I. I would like to spend a little time on what might be called the philosophical - or broader political - problems. In particular, I would like to discuss the diplomatic conference that produced the protocol and how it demonstrated the links among law, politics, and terrorism.

When you get 126 countries together, as occurred at the diplomatic conference, there is a lot of politics. That is to say, Protocol I is not simply a legal matter than can …

A Brief Analysis Of The 1977 Geneva Protocols, Hans-Peter Gasser

Akron Law Review

In analyzing the two 1977 Protocols additional to the Geneva Conventions for the protection of war victims one should never forget that they are not the product of a sudden inspiration. The first cornerstone for Protocol 1, on international armed conflicts, was laid in the early Fifties. The Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War, drawn up by the International Committee of the Red Cross (ICRC) and submitted to the Nineteenth International Red Cross Conference (New Delhi, 1957), were an unsuccessful attempt to improve the protection of the civilian population …

Symposium On The 1977 Geneva Protocols, Hamilton Desaussure

Akron Law Review

There is general agreement that the Hague Conventions of 1899 and 1907, while still technically in force, have been made largely obsolete by technological advance in weapons systems, communications, air power, and the ballistic missile. Yet the fundamental axiom that acts of war should not cause unnecessary or disproportionate suffering with regard to the military advantage to be gained, remains unchanged from those early conventions. What is new in the Protocols of 1977 is the added emphasis placed on the protection of the civilian population, not only in occupied areas held by the enemy, but also for the protection of …

An Interdisciplinary Approach To The Strategic Defense Initiative Debate, Scott F. March

Akron Law Review

An interdisciplinary framework in which international law is but one element is presented in this article in the hope of lending organization to the complex subject of space weaponization. Seven factors are discussed which strongly influence decision-makers in both the United States and the Soviet Union who are charged with establishing and implementing the military space policies of their respective nations. They are (1) the relationship between the militarization of earth and the militarization of space; (2) the effects of weapon technology and national defense policy upon the use of space; (3) the interrelationship of the international law-making process with …

Human Rights As Comparative Constitutional Law, Jacob W.F. Sundberg

Akron Law Review

This was the background of the Akron symposium on human rights as comparative constitutional law. The purpose of the symposium was to expose U.S. constitutional and international law experts to the working of these human rights protection systems in which decisions under the U.N. Covenant for Civil and Political Rights and the European Convention on Human Rights have arrived at an independent and influential, if not even precedent-setting role in relation to the national courts. Decision making by the U.S. Supreme Court is the focus of the teaching of Constitutional Law in the United States.

Having a number of European …

Is The International Court Of Justice Worth The Effort?, Joseph L. Daly

Akron Law Review

Throughout history most peacemaking has been a response to a particular crisis - efforts of two countries to solve a dispute by treaty or to negotiate the end of a war. But as the instruments of war have become more and more horrible, as wars have come to take an ever increasing toll on civilian populations, world leaders have tried to establish a structure for peace, a permanent way of avoiding conflict by appealing to reason, not to weapons. Our century has hoped that some sort of international tribunal - a world court - would decide disputes on enduring principles …

A Response To Douglas J. Feith's Law In The Service Of Terror - The Strange Case Of The Additional Protocol, Waldemar A. Solf

Akron Law Review

In the article mentioned in the title, Douglas J. Feith, Deputy Assistant Secretary of Defense for International Negotiation, characterizes the 1977 Protocol I Additional to the 1949 Geneva Conventions as a "pro-terrorist treaty masquerading as humanitarian law."

The Changing Face Of The Rule Against Hearsay In English Law, R. A. Clark

Akron Law Review

The rule against hearsay has always been surrounded by an aura of mystery and has been treated with excessive reverence by many English judges. Traditionally the English courts have been reluctant to allow any development in the exceptions to this exclusionary rule, regarding hearsay evidence as being so dangerous that even where it appears to be of a high probative calibre it should be excluded at all costs. But recent developments, both statutory and common law, have demonstrated a much more relaxed approach to this rule. In civil cases the hearsay rule has been contained in statutory form for some …

The Empire Can Still Strike Back: U.S. National Security Advantages Of An International Code Of Conduct For Outer Space Activities, W. Matthew Wilson

Georgia Journal of International & Comparative Law

No abstract provided.

Pirates Or Privateers: Examining The Risks Of Conflicting International Regimes Through The Lens Of U.S.-Gambling, Eric A. Heath

Georgia Journal of International & Comparative Law

No abstract provided.

Gravitating Toward Sensible Resolutions: The Pca Optional Rules For The Arbitration Of Disputes Relating To Outer Space Activity, Caroline Arbaugh

Georgia Journal of International & Comparative Law

No abstract provided.

First Contact: Establishing Jurisdiction Over Activities In Outer Space, Brian Abrams

Georgia Journal of International & Comparative Law

No abstract provided.