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- Michigan Journal of International Law (34)
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Articles 61 - 75 of 75
Full-Text Articles in Military, War, and Peace
The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman
The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron
Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron
Michigan Journal of International Law
This Note will give an analysis of the scholarship that has appeared in this field, as well as the actual practice of States, to determine if any fixed rules have been established in this area, and if so, what they are. It will do so by looking at the debates that have taken place concerning the application of the language and underlying principles of the U.N. Charter in order to see if these norms of State action prohibit economic diplomacy. The Note will then look to the actual practice of States to determine whether it provides adequate evidence of opinion …
Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag
Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
This article proposes, as a new element of the "liberal internationalism" that should characterize the post-Cold War world, a simultaneous solution to these three problems. The nations of the world should negotiate a series of multilateral agreements to stop the spread of advanced weaponry, and include in each of them, as an overt incentive for developing states to accept the disarmament and verification obligations, provisions that explicitly require the affluent, developed states to make specified monetary and in-kind transfers to the third world parties. The new regime should also provide stronger-than-customary treaty procedures for clarifying ambiguities, adjudicating claims, and resolving …
Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms
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, …
Law And Alternative Security, Burns H. Weston
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 …
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
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 …
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …
Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren
Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren
Michigan Law Review
A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
William & Mary Law Review
No abstract provided.
The Interpretation Of Treaties By Judicial Tribunals, Keener C. Frazer
The Interpretation Of Treaties By Judicial Tribunals, Keener C. Frazer
West Virginia Law Review
No abstract provided.
War Crimes, Elbridge Colby
War Crimes, Elbridge Colby
Michigan Law Review
It is not necessary to enumerate exactly what may now be considered war crimes or violations of the laws of war. The list will change from time to time, by the addition of new offences and the omission of those now so considered. Most of the Hague Conventions and rules and regulations are sufficiently well furnished with the signatures of world wide plenipotentiaries and adequately ratified to insure of their being accepted as international law on the points covered. There are only a few exceptions. In general the precepts are valid. Indeed, most modern writers on international law, when they …
The Permanent International Court Of Justice
The Permanent International Court Of Justice
Michigan Law Review
The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …
League Of Nations And The Laws Of War, Ralph W. Aigler
League Of Nations And The Laws Of War, Ralph W. Aigler
Michigan Law Review
Everyone would agree that the renovation of international law presents a problem of commanding importance. Diversity of opinion is manifested, however, as soon as attention is directed to the details of the renovating process. Where to begin, what to emphasize, and how to go about it are questions which provoke a medley of discordant answers. Out of this medley a few paramount issues are beginning to emerge. One such issue concerns the so-called law of war. What shall be done about it? The World War revealed its lack of sanction, its confusion with self-interest, its chaotic uncertainty. Can it really …
Termination Of War, John M. Mathews
Termination Of War, John M. Mathews
Michigan Law Review
The termination of war must, at the outset, be distinguished Ifrom the termination of hostilities or actual warfare. As has been said, war is "not the mere employment of force, but the existence of the legal condition of things in which rights are or may be prosecuted by force. Thus, if two nations declare war one against the other, war exists, though no force whatever may as yet have been employed."' Similarly, it follows that, although actual hostilities have ceased, the status of war may continue until terminated in some regular way recognized by international law as sufficient for that …
The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson
The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson
Articles
IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.