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Articles 31 - 41 of 41
Full-Text Articles in Military, War, and Peace
Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch
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While there are a number of disincentives that prevent states from participating in the nuclear black market, most of these deterrents do not apply to non-state actors. This article focuses on the difficulties this situation presents in a time of global terrorism. The author points out that terrorists already have the money, means and motive to build or purchase nuclear devises. In analyzing this issue the author proposes two options. First, member parties could amend one of all of several existing treaties of the subject. Second, the international community can draft a new treaty or convention on nuclear smuggling and …
Legal Regulation Of The Effects Of Military Activity On The Environment, Daniel M. Bodansky
Legal Regulation Of The Effects Of Military Activity On The Environment, Daniel M. Bodansky
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While in times of peace a growing number of multilateral environmental agreements serves to protect the environment, existing international law affords only very limited protection against the threats of war to the environment. This is the finding of a study by Prof. Daniel Bodansky, University of Georgia, USA on behalf of the German Federal Environmental Agency (Umweltbundesamt) which reviews the adequacy of the law of war and of the general principles of international law to protect the environment. At present international law leaves nation states with a wide degree of discretion to justify environmental harm caused by acts of war.
The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner
The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner
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This short description of some of the important ideas set forth in the various contributions to the Colloquium is meant to give the reader an idea of the broad spectrum of issues and problems with which the international community is confronted both in continuing to use the present structure and competence of the Security Council and in making reforms. While the General Assembly and other organs of the United Nations and of regional and national institutions are mentioned as useful in the struggle to maintain world peace, it is clear that the Security Council will continue to dominate the work …
The New Dimensions Of United Nations Peacemaking, Louis B. Sohn
The New Dimensions Of United Nations Peacemaking, Louis B. Sohn
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Since its beginning, mankind has alternated between periods of peace and war. The Twentieth Century was the first one in which attempts were made to outlaw war and to establish institutions which would protect the peoples of the world against war. After the carnage of the Second World War, the United Nations was established "to save succeeding generations from the scourge of war," and the Security Council was given the "primary responsibility for the maintenance of international peace and security." The founders of the United Nations tried to ensure that the Council would have necessary means for discharging this responsibility, …
Gradations Of Intervention In Internal Conflicts, Louis B. Sohn
Gradations Of Intervention In Internal Conflicts, Louis B. Sohn
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I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."
Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn
Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn
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The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …
A Message Of Hope, Dean Rusk
A Message Of Hope, Dean Rusk
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So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.
Ironies Of Intervention, Milner S. Ball
Ironies Of Intervention, Milner S. Ball
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I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …
Introduction To Panel I, Gabriel M. Wilner
Introduction To Panel I, Gabriel M. Wilner
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The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …
The 25th U.N. General Assembly And The Use Of Force, Dean Rusk
The 25th U.N. General Assembly And The Use Of Force, Dean Rusk
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The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).
Federal Courts Intervention In Military Courts--Interrelationship Of Defenses And Comity, Wayne Mccormack
Federal Courts Intervention In Military Courts--Interrelationship Of Defenses And Comity, Wayne Mccormack
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In the case of Parisi v. Davidson the Supreme Court granted habeas corpus relief to a serviceman who was being court-martialed for disobedience to orders issued after he had been denied administrative discharge on a conscientious objector claim. Professor McCormack analyzes Parisi and uses it as a vehicle to examine the Court's present notions of comity and abstention.