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Articles 1561 - 1590 of 1639

Full-Text Articles in Military, War, and Peace

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf Jan 1999

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Michigan Journal of International Law

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.


The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt Jan 1999

The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt

Michigan Journal of International Law

This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.


Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman Jan 1999

Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman

Michigan Journal of International Law

The time has come to move beyond howls of alarm to a public discussion of what policies should be adopted or reformed. That discussion should proceed even as crucial questions remain only partially answerable: How realistic is the possibility of catastrophic terrorism? How easy is it to make a catastrophic device that actually works? Why would any person or group want to kill hundreds, thousands, or tens of thousands of innocent victims?


Siegecraft And Surrender: The Law And Strategy Of Cities And Targets, Matthew C. Waxman Jan 1999

Siegecraft And Surrender: The Law And Strategy Of Cities And Targets, Matthew C. Waxman

Faculty Scholarship

The razing of Jericho; the sack of Magdeburg; the siege of Leningrad; the fire-bombing of Dresden. Ever since civilizations began organizing permanent economic settlements, cities and towns have occupied a central role in warfare and in our images of war." On almost every page of historical writings," remarked Grotius, "you may find accounts of the destruction of whole cities, or the leveling of walls to the ground, the devastation of fields, and conflagrations." A driving force behind the evolution and development of cities has been defense and security. As a result, how-ever, cities have become a primary target or object …


Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr. Jan 1999

Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Police-Ization Of The Military, Charles J. Dunlap Jr. Jan 1999

The Police-Ization Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

This essay will briefly review the background of the use of the armed forces in a police capacity, discuss the growth of that role in the I980s and 1990s, and forecast an even greater expansion into that role in the near future due to the emerging threat of "catastrophic terrorism." It will contend that this increased reliance on military resources for policing is not in the interest of either the armed forces or the public. Finally, it will make some observations with a view towards minimizing the dangers of police-ization of the military while ensuring the Nation's public safety.


Why Clinton Should Pardon Pollard – Now, Kenneth Lasson Oct 1998

Why Clinton Should Pardon Pollard – Now, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Contributors Sep 1998

Contributors

International Law Studies

No abstract provided.


Pollard Case Is One For The Legal Books, Kenneth Lasson May 1998

Pollard Case Is One For The Legal Books, Kenneth Lasson

All Faculty Scholarship

Jonathan Pollard, the former Navy intelligence analyst who was convicted of passing classified information to Israel, has been behind bars for more than 12 years now. His life sentence - by far the harshest ever meted out for a similar offense - continues to make "equal justice under law" seem like little more than a palsied proverb.

Pollard's actions were clearly misguided and rightly punishable, but should he languish for life in prison while others obviously more perfidious have been set free? Americans who expect fairness in their judicial system should be sorely disillusioned at how grossly disproportionate Pollard's treatment …


Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson Apr 1998

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara Jan 1998

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.


Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt Jan 1998

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …


Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr. Jan 1998

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr. Jan 1998

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Pollard And Priorities, Kenneth Lasson Mar 1997

Pollard And Priorities, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Long Overdue, Kenneth Lasson Jan 1997

Long Overdue, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


The Case For The Vietnam War, W. W. Rostow Nov 1996

The Case For The Vietnam War, W. W. Rostow

The US Army War College Quarterly: Parameters

No abstract provided.


War Powers "Short Of War", Louis Henkin Oct 1996

War Powers "Short Of War", Louis Henkin

University of Miami Law Review

No abstract provided.


Moltke And The German Military Tradition: His Theories And Legacies, Antulio J. Echevarria Ii Mar 1996

Moltke And The German Military Tradition: His Theories And Legacies, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam Jan 1996

Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam

Michigan Journal of International Law

This article considers an issue that, given its importance for the protection of combatants and civilians in armed conflict, has not attracted the attention it warrants: namely, the extent to which legal restraints derived from the ius in bello and the ius ad bellum apply to the Security Council when it is taking military enforcement action under Chapter VII of the United Nations Charter. Although a position not free from controversy, the recent practice of the Security Council in "authorizing" States to use force to restore international peace and security is treated as military enforcement action under Chapter VII of …


Cyberattack! Are We At War?, Charles J. Dunlap Jr. Jan 1996

Cyberattack! Are We At War?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley Jan 1996

The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley

Michigan Journal of International Law

In-the post-Cold War period, the United Nations Security Council has emerged from a side show of international politics to center stage. It has acted to repel aggression, to promote humanitarian efforts, and to enforce democracy. This flowering of activity holds the potential for achieving concerted international action to remedy situations involving great human misery.


How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr. Jan 1996

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth Oct 1995

Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth

University of Miami Law Review

No abstract provided.


"Little Wars" And The Constitution, Jules Lobel Oct 1995

"Little Wars" And The Constitution, Jules Lobel

University of Miami Law Review

No abstract provided.


War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh Oct 1995

War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh

University of Miami Law Review

No abstract provided.


Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon Oct 1995

Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon

University of Miami Law Review

No abstract provided.


The Power Over War, Abraham D. Sofaer Oct 1995

The Power Over War, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.


Ely, Black, Grotius & Vattel, Patrick O. Gudridge Oct 1995

Ely, Black, Grotius & Vattel, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.