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Comparative and Foreign Law

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Articles 391 - 420 of 539

Full-Text Articles in Military, War, and Peace

Nuking Kashmir: Legal Implications Of Nuclear Testing By Pakistan And India In The Context Of The Kashmir Dispute, Fakiha Khan Oct 2014

Nuking Kashmir: Legal Implications Of Nuclear Testing By Pakistan And India In The Context Of The Kashmir Dispute, Fakiha Khan

Georgia Journal of International & Comparative Law

No abstract provided.


Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott Oct 2014

Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross Oct 2014

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder Oct 2014

Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder

Touro Law Review

No abstract provided.


The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght Oct 2014

The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.


The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi Oct 2014

The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi

Georgia Journal of International & Comparative Law

No abstract provided.


The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio Oct 2014

The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio

Georgia Journal of International & Comparative Law

No abstract provided.


The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott Sep 2014

The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis Sep 2014

A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu Sep 2014

Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of The European Union Common Defense And Its Implications For The United States And Nato, Audrey Baggett Sep 2014

The Development Of The European Union Common Defense And Its Implications For The United States And Nato, Audrey Baggett

Georgia Journal of International & Comparative Law

No abstract provided.


New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell Sep 2014

New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell

Georgia Journal of International & Comparative Law

No abstract provided.


Latin American Democracy: Flourishing Or Floundering?, Dawn Bennett-Ingold Sep 2014

Latin American Democracy: Flourishing Or Floundering?, Dawn Bennett-Ingold

Georgia Journal of International & Comparative Law

No abstract provided.


The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn Sep 2014

The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn Sep 2014

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska Sep 2014

Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska

Georgia Journal of International & Comparative Law

No abstract provided.


"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder Sep 2014

"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.


Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet Sep 2014

Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet

Georgia Journal of International & Comparative Law

No abstract provided.


A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson Sep 2014

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.


Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani Sep 2014

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin Sep 2014

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic Sep 2014

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


Denying Reparation For Slave And Forced Laborers In World War Ii And The Ensuing Humanitarian Rights Implications: A Case Study Of The Icj’S Recent Decision In Jurisdictional Immunities Of The State (Ger. V. It.: Greece Intervening), Morgan L. Klinzing Sep 2014

Denying Reparation For Slave And Forced Laborers In World War Ii And The Ensuing Humanitarian Rights Implications: A Case Study Of The Icj’S Recent Decision In Jurisdictional Immunities Of The State (Ger. V. It.: Greece Intervening), Morgan L. Klinzing

Georgia Journal of International & Comparative Law

No abstract provided.


The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee Mar 2014

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …


From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi Jan 2014

From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi

Cardozo Journal of International and Comparative Law

The article examines the effectiveness of transitional justice mechanisms in addressing human rights abuses, using Chile's experience under Augusto Pinochet as a model. It critiques the U.S. for failing to adopt similar approaches to accountability, particularly in addressing abuses at Guantanamo Bay and other detention centers. The analysis highlights the importance of combining truth commissions, criminal prosecutions, and reparations to achieve justice and promote democratic transition. It argues that the U.S. must align its domestic practices with the international human rights standards it promotes.


Targeting And The Concept Of Intent, Jens David Ohlin Oct 2013

Targeting And The Concept Of Intent, Jens David Ohlin

Cornell Law Faculty Publications

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …


The Behavior Of The French Army During The Dreyfus Affair, General André Bach May 2013

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.


Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford Jan 2013

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


Targeting And The Concept Of Intent, Jens David Ohlin Jan 2013

Targeting And The Concept Of Intent, Jens David Ohlin

Michigan Journal of International Law

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …