Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (59)
- Military, War, and Peace (35)
- Social and Behavioral Sciences (35)
- International Humanitarian Law (28)
- International Relations (27)
-
- Law of the Sea (27)
- Political Science (27)
- Comparative and Foreign Law (25)
- Law and Politics (23)
- Jurisdiction (21)
- Legal History (15)
- Rule of Law (15)
- Public Affairs, Public Policy and Public Administration (14)
- Criminal Law (13)
- Constitutional Law (12)
- International Trade Law (12)
- National Security Law (12)
- Transnational Law (11)
- Courts (10)
- Public Law and Legal Theory (10)
- Conflict of Laws (9)
- International and Area Studies (9)
- Internet Law (9)
- Law and Philosophy (9)
- Law and Society (9)
- European Law (8)
- Indigenous, Indian, and Aboriginal Law (8)
- Property Law and Real Estate (8)
- Institution
-
- University of Michigan Law School (53)
- U.S. Naval War College (32)
- American University Washington College of Law (16)
- Maurer School of Law: Indiana University (15)
- University of Georgia School of Law (15)
-
- University of Denver (11)
- Georgetown University Law Center (10)
- Case Western Reserve University School of Law (9)
- University of San Diego (9)
- University of Colorado Law School (8)
- William & Mary Law School (8)
- Yeshiva University, Cardozo School of Law (6)
- Osgoode Hall Law School of York University (5)
- Vanderbilt University Law School (5)
- Northwestern Pritzker School of Law (4)
- Notre Dame Law School (4)
- Pepperdine University (4)
- University of Miami Law School (4)
- American University in Cairo (3)
- Boston University School of Law (3)
- Columbia Law School (3)
- Cornell University Law School (3)
- Duke Law (3)
- National Law School of India University (3)
- Syracuse University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- BLR (2)
- Florida State University College of Law (2)
- Lewis & Clark Law School (2)
- Nova Southeastern University (2)
- Publication Year
- Publication
-
- International Law Studies (32)
- Michigan Journal of International Law (31)
- Michigan Law Review (19)
- Georgia Journal of International & Comparative Law (13)
- Scholarly Articles in Law Reviews & Journals (12)
-
- Faculty Scholarship (11)
- Georgetown Law Faculty Publications and Other Works (10)
- Human Rights & Human Welfare (10)
- Case Western Reserve Journal of International Law (9)
- San Diego International Law Journal (9)
- Faculty Publications (8)
- Indiana Journal of Global Legal Studies (7)
- Articles (6)
- Articles by Maurer Faculty (6)
- Publications (6)
- Scholarly Works (5)
- Vanderbilt Journal of Transnational Law (5)
- Journal Articles (4)
- Cornell Law Faculty Publications (3)
- Northwestern Journal of International Law & Business (3)
- Osgoode Hall Law Journal (3)
- Pepperdine Law Review (3)
- Syracuse Journal of International Law and Commerce (3)
- University of Miami Inter-American Law Review (3)
- William & Mary Law Review (3)
- Cardozo Law Review (2)
- ExpressO (2)
- Graduate Program in International Studies Theses & Dissertations (2)
- ILSA Journal of International & Comparative Law (2)
- Law Faculty Scholarship (2)
- Publication Type
Articles 91 - 120 of 295
Full-Text Articles in International Law
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
Georgia Journal of International & Comparative Law
No abstract provided.
Incapacitating The State, Daryl J. Levinson
Incapacitating The State, Daryl J. Levinson
William & Mary Law Review
No abstract provided.
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
PhD Dissertations
The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …
The Law Of Diplomatic Asylum–A Contextual Approach, Paul Behrens
The Law Of Diplomatic Asylum–A Contextual Approach, Paul Behrens
Michigan Journal of International Law
This Article will deal with the conduct of diplomatic missions and their agents; it will primarily address the question of whether they are entitled to grant asylum on diplomatic premises. That is not the same as the question whether a refugee may be entitled to asylum on mission premises— the individual asylum seeker may be subject to a different set of norms.
The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee
The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee
Maryland Series in Contemporary Asian Studies
No abstract provided.
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop
LLM Theses
This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …
Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman
Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman
Case Western Reserve Journal of International Law
No abstract provided.
Humanitarian Intervention: Evolving Norms, Fragmenting Consensus (Remarks), Rosa Brooks
Humanitarian Intervention: Evolving Norms, Fragmenting Consensus (Remarks), Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Traditionally, the evolution of customary international law was understood as a gradual process: in some idealized model, we might see first a few states, and then a few more, implicitly agreeing to follow a practice, and then we would gradually begin to see additional states doing the same thing. We would also gradually accumulate evidence that these various states are acting in such a way because they consider themselves legally bound to do so. Then, over time, we’ll see more and more states following suit both in word and deed, until at some point we can say with a great …
The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales
The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales
Calvert Undergraduate Research Awards
The Spratly islands dispute is a regional maritime territorial sovereignty dispute which involves six countries in the South China Sea – China, Taiwan, Vietnam, Philippines, Malaysia and Brunei. Underscored by the prospects of large natural energy reserves, control of strategic global maritime areas, and shifting global power dynamics, the dispute has significant international geo-strategic, economic, political and legal implications. This Honors Thesis evaluates the international legal standards for resolving maritime sovereignty disputes, provides a historiography of the six countries’ competing claims, and analyzes the legal soundness of their claims. This thesis also proposes and examines potential political and diplomatic frameworks …
War Is Governance: Explaining The Logic Of The Laws Of War From A Principal-Agent Perspective, Eyal Benvenisti, Amichai Cohen
War Is Governance: Explaining The Logic Of The Laws Of War From A Principal-Agent Perspective, Eyal Benvenisti, Amichai Cohen
Michigan Law Review
What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard
Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard
Boise State University Theses and Dissertations
This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …
Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad
Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad
Georgia Journal of International & Comparative Law
No abstract provided.
The Invention Of A Human Right: Conscientious Objection At The United Nations, 1947-2011, Jeremy Kessler
The Invention Of A Human Right: Conscientious Objection At The United Nations, 1947-2011, Jeremy Kessler
Faculty Scholarship
The right of conscientious objection to military service is the most startling of human rights. While human rights generally seek to protect individuals from state power, the right of conscientious objection radically alters the citizen-state relationship, subordinating a state's decisions about national security to the beliefs of the individual citizen. In a world of nation-states jealous of their sovereignty, how did the human right of conscientious objection become an international legal doctrine? By answering that question, this Article both clarifies the legal pedigree of the human right of conscientious objection and sheds new light on the relationship between international human …
Returning Sovereignty To The People, Hallie Ludsin
Returning Sovereignty To The People, Hallie Ludsin
Vanderbilt Journal of Transnational Law
Governments across the world regularly invoke sovereignty to demand that the international community "mind its own business" while they commit human rights abuses. They proclaim that the sovereign right to be free from international intervention in domestic affairs permits them unfettered discretion within their territory. This Article seeks to challenge those proclamations by resort to sovereignty in the people, a time-honored principle that is typically more rhetorical than substantive. Relying on classical interpretations of sovereignty, this Article infuses substance into the concept of sovereignty in the people to recognize that a government is entitled to sovereign rights only as the …
Lessons For International Law From The Arab Spring, Rosa Brooks
Lessons For International Law From The Arab Spring, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Not all that begins in hope ends in happiness. In Egypt, the exuberance of Tahrir Square has given way to frustration over the resilience of the security state; in Libya, the anti-Qaddafi movement has fractured along tribal and factional lines; in Syria, as of this writing, calls for reform continue to be met with gunfire from government forces. Throughout the Middle East—from Egypt, Libya and Syria to Yemen, Tunisia, Bahrain and elsewhere—the heady excitement of 2010 has given way to a more sober awareness that enduring political change may take years, if not generations. The Arab Spring brought both progress …
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Pepperdine Law Review
No abstract provided.
“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert
“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert
Human Rights & Human Welfare
Peace, reconciliation, and restorative justice: these are the albatrosses that international criminal law (ICL) must (unfairly) bear. Ian Paisley, MP from Northern Ireland and former United Nations and European Union peace envoy, echoes in a New York Times op-ed contribution the aspirations heaped onto the International Criminal Court (ICC). In March, the ICC convicted Thomas Lubanga for war crimes and the conscription of children as soldiers; justice has been done, Paisley claims. Yet the ICC was "intended as an instrument of peace," and "there is no peace" in the Democratic Republic of the Congo (DRC). On this ground he concludes, …
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
San Diego International Law Journal
This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The collective security structure created by the U.N. Charter is becoming shakier than ever, and two recent trends pose particular challenges to Charter rules on the use of force. The first trend involves a normative shift in understandings of state sovereignty, and the second trend involves improvements in technology--specifically, the rapid evolution of unmanned aerial vehicles, precision weapons, and surveillance technologies. Each trend on its own raises difficult issues. Together, they further call into question international law’s ability to meaningfully constrain the use of force by states.
“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert
“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert
Human Rights & Human Welfare
The humanitarian crisis in Syria has instigated calls to activate the Responsibility to Protect (R2P) doctrine to stop the Assad regime from its murderous rampage. Armed with a failed UN Security Council resolution that would have endorsed an Arab League peace plan, thanks to Russian and Chinese vetoes, David Rieff reproves widespread liberal consensus for intervention in a February 2012 Foreign Policy article.
Who Let The Dogs Out? R, R2p, Christine Bell
Who Let The Dogs Out? R, R2p, Christine Bell
Human Rights & Human Welfare
As a long-time human rights advocate I find myself uncomfortably sharing Rieff's central concern over the link between military intervention and human rights advocacy, forged through the Responsibility to Protect (R2P) doctrine. This common concern is uncomfortable because I don't share his broader sentiments. However, it is also uncomfortable because it involves me swimming against the human rights tide, which seems to have embraced R2P.
Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin
Law Faculty Research Publications
The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …
What Makes A States: Territory, Paul Williams
What Makes A States: Territory, Paul Williams
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain
Publications
No abstract provided.
Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss
Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss
Human Rights & Human Welfare
These are not promising days for those who desire peace between Israelis and Palestinians, with two states respected by each other and recognized by the international community, living securely side by side. Richard Falk’s article rightly stresses the negative role played by the US Government in its sharp rejection of the Palestinian bid for statehood at the United Nations Security Council. The problem, however, seems to lie deeper in these complex societies and their current political leaderships.
Globalization And Structure, Julian Ku, John Yoo
Globalization And Structure, Julian Ku, John Yoo
William & Mary Law Review
No abstract provided.