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Articles 10801 - 10830 of 32185
Full-Text Articles in International Law
Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher
Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher
Georgia Journal of International & Comparative Law
No abstract provided.
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
Georgia Journal of International & Comparative Law
No abstract provided.
Keynote Address: Proposals For The Future, Louis B. Sohn
Keynote Address: Proposals For The Future, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla
The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla
Georgia Journal of International & Comparative Law
No abstract provided.
The European System For The Promotion And Protection Of Human Rights, Neri Sybesma-Knol
The European System For The Promotion And Protection Of Human Rights, Neri Sybesma-Knol
Georgia Journal of International & Comparative Law
No abstract provided.
The United Nations System For The Protection Of Human Rights, Larry Johnson
The United Nations System For The Protection Of Human Rights, Larry Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner
Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart
The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart
Georgia Journal of International & Comparative Law
No abstract provided.
The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan
Georgia Journal of International & Comparative Law
No abstract provided.
The Potential For The United States Joining The Covenant Family, Alfred De Zayas
The Potential For The United States Joining The Covenant Family, Alfred De Zayas
Georgia Journal of International & Comparative Law
No abstract provided.
Panel I-- General Discussion, Georgia Journal Of International And Comparative Law
Panel I-- General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
United States Ratification Of The United Nations Covenants, Richard B. Lillich
United States Ratification Of The United Nations Covenants, Richard B. Lillich
Georgia Journal of International & Comparative Law
No abstract provided.
The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab
The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab
Georgia Journal of International & Comparative Law
No abstract provided.
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman
A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman
Pace International Law Review
This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law—international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinct claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely …
Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan
Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan
Pace International Law Review
Since the invasion of Afghanistan, the United States has utilized Unmanned Aerial Vehicles (UAVs) to locate, surveil and kill members of the Taliban, Al-Qaeda and its associated forces. Such killings have decimated the leadership of these groups and disrupted their operations. However, there are collateral effects from UAV killings including civilian deaths. These deaths increase resentment and hatred toward the US, which is channeled by terrorist groups to recruit new members and for local support. Moreover, targeted killings outside a combat zone have political and diplomatic consequences. This paper argues that the current uses of UAV are legal under international …
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake
Pace International Law Review
Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Pace International Law Review
This article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a …
Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener
Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener
Pace International Law Review
This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Pace International Law Review
The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …
Climate Change Negotiations And Doha, Qatar, Sophia Sofferman
Climate Change Negotiations And Doha, Qatar, Sophia Sofferman
Pace International Law Review
This comment will focus on the role that the principle of common and differentiated responsibilities plays in global climate negotiations under the United Nations Framework on Climate Change and more recent climate negotiations by the Conference of the Parties. More specifically, this comment will focus on the implications this has for developing and developed countries, namely on China and the United States as the two largest emitters of greenhouse gases in the world, and as developing and developed countries respectively.
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Pace International Law Review
The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the …
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Seattle University Law Review
Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Seattle University Law Review
Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
Seattle University Law Review
Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Seattle University Law Review
This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …