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Articles 211 - 240 of 476

Full-Text Articles in Military, War, and Peace

The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi Jan 1990

The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi

Michigan Journal of International Law

This Note will provide an introductory analysis of the conventions on belligerent occupation as they apply to the West Bank aquifer. Part I provides a brief analysis of the current situation in the region. Part II provides an overview of the relevant conventions on belligerent occupation and then focuses on how these laws apply to underground water resources in the West Bank. Finally, Part III outlines potential developments for the maintenance of complicity with the developing law of belligerent occupation, taking into account developments in international water law.

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A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck Jan 1990

A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck

Michigan Journal of International Law

The post-World War II political setting in Europe was marked by the stable posture of two tightly structured opposing bloc-systems. In military terms, the Warsaw Pact and the North Atlantic Treaty Organization, and in the economic sphere, the Eastern European Council for Mutual Economic Cooperation and the Western European Economic Communities, represented the stark distinctions of the Cold War. This stable posture has definitely come to an end. Due to the rapid decline of the Communist regimes in Eastern Europe, there is a growing concern in various political quarters about an emerging political instability in Eastern and Central Europe brought …

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The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince Jan 1989

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince

Michigan Journal of International Law

This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …

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Third State Remedies In International Law, Jonathan I. Charney Jan 1989

Third State Remedies In International Law, Jonathan I. Charney

Michigan Journal of International Law

This article explores issues arising from third state enforcement of international law. Support for third state remedies may be found in law, practice, and the literature. It is not, however, definitively stablished. Third state remedies may appear at first glance to serve only the desirable goal of promoting rules of international law, but they may also produce negative side effects. The challenge to the international community is to design an effective third state enforcement regime that minimizes undesirable side effects.

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Law And Alternative Security, Burns H. Weston Jan 1989

Law And Alternative Security, Burns H. Weston

Michigan Journal of International Law

Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …

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Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn Jan 1989

Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn

Michigan Journal of International Law

This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …

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Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms Jan 1989

Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms

Michigan Journal of International Law

Today, after a long silence, the Nordic States are again investigating the idea of establishing a Nordic nuclear-weapon-free zone. The renewed exchange of views is no doubt partly related to the continuing development of nuclear weapons and partly to the fear that even in circumstances where nuclear weapons would not be used against the Nordic States they present a threat to the region should major war break out. This fear was mentioned by Dr. Urho Kekkonen, the President of the Republic of Finland, in an address he delivered at the Swedish Institute of International Affairs in Stockholm on May 8, …

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The United Nations And The Enforcement Of Peace, Eric Stein Jan 1989

The United Nations And The Enforcement Of Peace, Eric Stein

Michigan Journal of International Law

This essay is a revised version of an address given at a symposium held in the fall of 1986 in Heidelberg, Federal Republic of Germany, in commemoration of the 600th anniversary of the Heidelberg University. By one of the coincidences that haunt human life, the United Nations is again the topic.

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International Law: Process And Prospect, Linda A. Shoemaker May 1988

International Law: Process And Prospect, Linda A. Shoemaker

Michigan Law Review

A Review of International Law: Process and Prospect by Anthony D'Amato

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The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes Jan 1988

The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes

Michigan Journal of International Law

Israel's presence in the Gaza Strip does, in fact, raise many interesting issues in international law, including questions concerning the law of belligerent occupation, and the law of self-determination. This note examines some of these questions. Part I of the Note discusses pertinent aspects of the law of belligerent occupation. It points out that among the features of the traditional concept of belligerent occupation is the existence of an armed conflict between the occupying state and the state whose territory is occupied. Part II examines the history of the Gaza Strip, in an attempt to determine whether it can be …

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The Triumph Of Justice, Stephan Landsman May 1987

The Triumph Of Justice, Stephan Landsman

Michigan Law Review

A Review of The Affair: The Case of Alfred Dreyfus

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Apocalypse Now?, Richard L. Marcus May 1987

Apocalypse Now?, Richard L. Marcus

Michigan Law Review

A Review of Agent Orange on Trial: Mass Toxic Disasters in the Courts by Peter H. Schuck

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Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani Jan 1985

Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani

Michigan Journal of International Law

This article covers the following topics: humanitarian law and humanistic law, general concepts of humanitarian international law in Islam: armed conflict of a non-international nature and armed conflict of an international nature, and wars against polytheists and apostates.

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The Crisis In Arms Control, Harold K. Jacobson May 1984

The Crisis In Arms Control, Harold K. Jacobson

Michigan Law Review

There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …

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The Right Of States To Use Armed Force, Oscar Schachter May 1984

The Right Of States To Use Armed Force, Oscar Schachter

Michigan Law Review

When the United Nations (UN) Charter was adopted, it was generally considered to have outlawed war. States accepted the obligation to settle all disputes by peaceful means and to refrain from the use or threat of use of force in their international relations. Only two exceptions were expressly allowed: force used in self-defense when an armed attack occurs, and armed action authorized by the UN Security Council as an enforcement measure. These provisions were seen by most observers as the heart of the Charter. and the most important principles of contemporary international law. They have been reaffirmed over and over …

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Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review Feb 1984

Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review

Michigan Law Review

A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons

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A Republic, If You Can Keep It, Daniel N. Hoffman Feb 1984

A Republic, If You Can Keep It, Daniel N. Hoffman

Michigan Law Review

A Review of Undeclared War: Twilight Zone of Constitutional Power by Edward Keynes and The War-Making Powers of the President: Constitutional and International Law Aspects by Ann Van Wynen Thomas and A.J. Thomas, Jr.

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The Conduct Of Just And Limited War, Michigan Law Review Mar 1983

The Conduct Of Just And Limited War, Michigan Law Review

Michigan Law Review

A Review of The Conduct of Just and Limited War by William V. O'Brien

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Intramilitary Immunity And Constitutional Torts, Michigan Law Review Dec 1981

Intramilitary Immunity And Constitutional Torts, Michigan Law Review

Michigan Law Review

This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …

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To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review Mar 1981

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman

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Normative And Policy Restraints On War, William V. O'Brien Mar 1981

Normative And Policy Restraints On War, William V. O'Brien

Michigan Law Review

A Review of Restraints on War: Studies in the Limitation of Armed Conflict edited by Michael Howard, and Humanitarian Politics: The International Committee of the Red Cross by David P. Forsythe

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From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review Apr 1979

From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review

Michigan Law Review

This Note reevaluates the Feres doctrine in light of legal developments of the past three decades. It concludes that the FTCA should be extended to military claims. It discusses the arguments that military claims will burden vital government functions and shows that the exception to liability under the present FTCA, particularly the exception for "discretionary actions" by government employees, would adequately protect all legitimate military interests.

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The Soviet-American Arms Race: A European Perspective, J. David Singer Mar 1979

The Soviet-American Arms Race: A European Perspective, J. David Singer

Michigan Law Review

A Review of The Game of Disarmament: How the U.S. & Russia Run the Arms Race by Alva Myrdal

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Highway To Armageddon, Bernhard G. Bechhoefer Mar 1979

Highway To Armageddon, Bernhard G. Bechhoefer

Michigan Law Review

A Review of Nuclear Weapons and World Politics: Alternatives for the Future by David G. Compert, Michael Madelbaum, Richard L. Warwin, and John H. Burton

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The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss Jan 1976

The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss

Michigan Law Review

Only rarely in the study of Supreme Court history do events, personalities, records, and historical sources converge to afford an intimate view of that institution. Schneiderman v. United States, in its own right an important decision in the field of denaturalization law, provides such an opportunity. The manuscript collections of the major adversaries on the Court are well-preserved, and a surviving major figure from among the parties to ·the litigation has provided personal insight into the intricacies of the case.

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Post-Conviction Review In The Federal Courts For The Service-Member Not In Custody, Michigan Law Review Apr 1975

Post-Conviction Review In The Federal Courts For The Service-Member Not In Custody, Michigan Law Review

Michigan Law Review

This Note examines the availability of nonhabeas federal court review for those convicted by courts-martial. Part I discusses the function of such review and suggests a scope of review that would serve that function without unduly burdening the federal courts; Part II sketches the evolution of nonhabeas review and analyzes the jurisdictional problems surrounding its present status; Part III recommends statutory and judicial changes to make the review of courts-martial more equitable and efficient.

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A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review Jun 1974

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

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United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review Apr 1974

United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review

Michigan Law Review

This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.

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Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review Apr 1974

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …

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A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn Jan 1974

A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn

Articles

Professor Sax advocates that unconditional amnesty should be granted to Vietnam draft evaders and deserters, and he contends that the condition of alternative service imposed by President Ford, while superficially attractive to some, is unsupported by an acceptable rationale. While I harbor misgivings concerning the grant of any type of amnesty for Vietnam evaders and deserters, I have concluded that amnesty should be given provided that it is conditioned on the performance of some service such as that required by President Ford's program. Obviously, this places me squarely at issue with Professor Sax, and I will attempt to detail the …

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