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Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski

ShipArc 2015 Conference

No abstract provided.

Ocean Governance In The Arctic : Conflict, Cooperation, Challenges, David Vanderzwaag Ph.D

ShipArc 2015 Conference

No abstract provided.

Regulatory Developments & Challenges : The Polar Code, Arsenio A. Dominguez

ShipArc 2015 Conference

No abstract provided.

Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts

International Law Studies

The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …

Emerging Technologies And Loac Signaling, Eric Talbot Jensen

International Law Studies

As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United Nations Charter, with its Statute of the International Court of Justice, offers mankind's best hope of attaining a world order of permanent peace through the substitution of the peaceful policies and procedures of International Justice for the jungle law of military might.

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war.

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United States Senate, on July 28, 1945, by a vote of eighty-nine to two, passed the Resolution of Ratification of the Charter of the United Nations with the Statute of the International Court of Justice annexed thereto. The treaty had been formulated at the United Nations Conference on International Organization, in San Francisco, and signed on June 26, 1945.

Editorial Foreword, Donald E. Wright

Akron Law Review

In recent years, much public comment has centered on the issue of delay in civil and criminal litigation. A survey of six Northeastern Ohio counties was published in 1970 under the title: ORDER IN THE COURTS. The report failed to stir active concern in the legal community because of the lack of available standards against which disposition figures could be measured.

Political Offences In Taiwan: Laws And Problems, Ming-Min Peng

Akron Law Review

The subject of this study is what the politically restrictive laws in Taiwan are which have been playing the most decisive role in the politics of "national emergency" of the Nationalist Government, how they operate in practice, how they square with the official Chinese Nationalist Constitution and what the impact is of these laws on the Chinese Nationalist legal system.

Recent Developments In Aerial Hijacking: The Issue Of Liability, Lee S. Kreindler

Akron Law Review

"My part of the program insofar as hijacking is concerned is, as you might expect, the liability part of the program. I have been asked to discuss who is liable, if anybody, in hijacking incidents."

Recent Developments In Aerial Hijacking: The Role Of International Negotiation, Robert P. Boyle

Akron Law Review

I WOULD LIKE TO COMMENT on what Mr. McPherson has said from two different points of view. In the first place, I would like to talk about the development of air law, international air law, through the treaties he has mentioned. I would also like to talk a little bit about the fact that the air law problem is one with a minor exception referred to in the Montreal Sabotage Agreement,' which really takes account of what you do with the hijacker after the hijacking has occurred, and you have him in your clutches. It does not talk too much …

Recent Developments In Aerial Hijacking: An Overview, Ian E. Mcpherson

Akron Law Review

"Although this part of the symposium has been entitled 'Recent Developments in Aerial Hijacking',I feel that it might be useful if we had a brief refresher on the development of the international law relating to this subject."

A Response To Lee Kreindler, Robert P. Boyle

Akron Law Review

"...the claimant does not necessarily suffer all the disadvantages Lee Kreindler notes and that there are real compensatory advantages to the international passenger under the Guatemala Protocol system."

Prefatory Remarks To The International Law Symposium On The Guatemala Protocol And Recent Developments In Aerial Hijacking, Hamilton Desaussure

Akron Law Review

The Am Law Symposium recorded in this edition of the Akron Law Review covers two topics: The Guatemala Protocol of 1971, and Aerial Hijacking. The Guatemala Protocol places a higher limit on liability of air carriers where a passenger on board a scheduled international air flight is killed or injured. Recently a New York judge ruled a hijacking incident an "accident" within the meaning of the Warsaw Convention.' It has also been ruled that mental suffering alone may be compensable under Article 17 of that Convention.

Juridical Control Of Terrorism, William T. Mallison

Akron Law Review

The present comment is written upon the basic assumption that the purpose of the juridical doctrines designed to control terror is to reduce, and if possible to eliminate, the destruction of human and material values involved in acts of terror. Professor Bassiouni approaches this problem through a threefold categorization of terror based upon motivation: first, terror designed to promote the private gain or profit of common criminals; second, terrorism by the mentally ill, and third, ideologically motivated terrorism. He deals primarily with the third one. This categorization is useful since it leads directly into a study of the causes of …

Selected Terroristic Claims Arising From The Arab-Israeli Context, Jordan J. Paust

Akron Law Review

This paper addresses itself to a subject of great importance and complexity-terrorism in the Mid-East conflict. Recognizing the vastness of this complex subject matter, this presentation focuses upon and confines its scope to the content of relevant international law and the efforts by some of the participants in the Mid-East struggle to justify conduct or to seek approval of conduct through changes in the law. It should be understood that the attempt herein is to consider law as it is and law as it might develop-not to debate the propriety or impropriety of the Israeli or Arab cause or of …

An Approach To Decision With Regard To Terrorism, Jordan J. Paust

Akron Law Review

To Professor Baxter's chagrin, the words "terror" and "terrorism" i-have been thrown about as well as words such as "criminal," and banditry." I believe that one of the problems that we should face at this time is the definitional approach. We should direct our inquiry to a definitional framework; 'because, this is exactly what has been the problem at the General Assembly of the United Nations, this "politicized throwing about" of conclusionary words without any reference to context or a set of criteria -for a shared definition of what the term means. The definitional approach that I would utilize is …

Methodological Options For International Legal Control Of Terrorism, M. Cherif Bassiouni

Akron Law Review

THE TITLE OF MY PRESENTATION differs from the general title of this Conference which misleadingly links terrorism and the Middle East. Unintended inferences will inevitably be drawn from that title. This can only be deplored in light of the serious efforts of those concerned scholars who are seeking rational solutions to the complex problem of "terror-violence."

Social and behaviorial scientists will in time tell us more about the conditions, reasons, causes and motivations leading to "terror-violence." With such knowledge jurists will be better equipped to develop the type of legal controls most likely to reduce the impact of violent strategies. …

A Skeptical Look At The Concept Of Terrorism, R. R. Baxter

Akron Law Review

International Law is that body of law which creates rights for me and duties for you. I fight wars of self-defence. You fight imperialistic wars of aggression. I am a patriotic soldier. You are a war criminal. I am a freedom fighter. You are a terrorist. It is in language of this character that we carry on rational discourse in these days. These are the conventional epithets of the contemporary epic.

We have cause to regret that a legal concept of "terrorism" was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no …

Symposium: Terrorism In The Middle East, Hamilton Desaussure

Akron Law Review

TERRORISM, LIKE THE RECENT tornados which struck in the Midwest, can come upon the unwary with lightning swiftness, strike in unexpected places, leave in their trail devastation, death, and helpless victims, and generate in relatives, friends, and a concerned public a sense of frustration and futility. Frustration in the sense that there was so little forewarning of the dramatic events that are to leave the lives of certain individuals forever changed. Futility that so little seems to be accomplished to prevent such destructive forces from again unfolding. The tornado that struck Xenia, Ohio, on April 3, 1974, took more than …

Never Again: The Genocide Convention In Review, William Chalmers

Seton Hall University Dissertations and Theses (ETDs)

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide was supposed to, as its title states, prevent any further genocides from occurring. In the event the United Nations could not prevent genocide the convention obligates all member States to intervene and punish those perpetrating the crime. Despite the existence of the Genocide Convention the world has witnessed several more cases of genocide, some of which the perpetrators have either not been punished or have been punished long after they have committed the crime of genocide. With a lack of prevention and punishment critics of the Genocide …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …

Disguising A Military Object As A Civilian Object: Prohibited Perfidy Or Permissible Ruse Of War?, Kevin Jon Heller

International Law Studies

A number of scholars have claimed that it is inherently perfidious to kill an enemy soldier by disguising a military object as a civilian object. This essay disagrees, noting that conventional and customary IHL deem at least five military practices that involve making a military object appear to be a civilian object permissible ruses of war, not prohibited acts of perfidy: camouflage, ambush, cover, booby-traps, and landmines. The essay thus argues that attackers are free to disguise a military object as a civilian object as long as the civilian object in question does not receive special protection under international humanitarian …

The Host State And The Transnational Corporation: An Analysis Of Legal Relatgionships, Roy E. Thoman

Georgia Journal of International & Comparative Law

No abstract provided.

Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee

Georgia Journal of International & Comparative Law

No abstract provided.

The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau

Georgia Journal of International & Comparative Law

No abstract provided.