Open Access. Powered by Scholars. Published by Universities.®

National Security Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 421 - 433 of 433

Full-Text Articles in National Security Law

The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks Jan 2001

The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks

Michigan Journal of International Law

Despite many indications of an emerging transnational consensus on the scope of human rights law, fundamental disagreements persist. These disagreements are, in many respects, structured around important cleavages in the international community such as: North/South, East/West, and capitalist/socialist. Whether these cleavages are understood as cultural, economic, or political, international lawyers must develop a better understanding of the specific practices that generate divergent interpretations of human rights standards. Without such an understanding, these factions seem to underscore an irreducibly political conception of human rights. Indeed, the prospects of a global "community of law" turn on the degree to which fundamental differences …

Go to article

International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter Jan 1999

International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter

UIC Law Review

No abstract provided.

Go to article

The 1997 U.S.-Japan Defense Guidelines Under The Japanese Constitution And Their Implications For U.S. Foreign Policy, Chris Ajemian Mar 1998

The 1997 U.S.-Japan Defense Guidelines Under The Japanese Constitution And Their Implications For U.S. Foreign Policy, Chris Ajemian

Washington International Law Journal

The 1997 U.S.-Japan Defense Guidelines represent additional commitment by Japan to the U.S.-Japan security alliance, the primary source of Northeast Asian security and stability. Certain tasks within Japan's enhanced role raise questions of whether the Guidelines are compatible with Article 9 of Japan's Constitution. On its face, Article 9 renounces Japan's right to wage war or maintain military force, yet it has been interpreted to allow a defensively-oriented, though massive, military. Based on the existing interpretation of Article 9, it is likely that Japan will declare its new role under the Guidelines constitutional. U.S. policy toward Japan in the short-term …

Go to article

Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford Jan 1997

Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford

Michigan Journal of Race and Law

This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have …

Go to article

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis Jan 1993

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.

Go to article

Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió Jan 1993

Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió

Michigan Journal of International Law

This article offers three comparative insights. First, it concludes that comparative inquiries into presidential systems may be useful for those interested in constitutional government, regardless of historical, cultural, or other contextual differences among nations. Thus, nations with presidentialist constitutional systems may have common problems because of the institutional presidency. The article maintains that our presidential systems are in such states of disrepair that a fundamental reinvigoration of the legislative and judicial branches is required, so that government may better serve important constitutional values in our nations.

Go to article

International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams Jan 1988

International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams

Articles & Book Chapters

In the context of increasing terrorist attacks and a unified, internal approach to addressing the problem, this article will consider the following issues: first, should the eradication of the so-called "root causes" of terrorism take precedence over conventions to suppress or punish terrorists; second, the gaps that have been found in the existing multilateral convention approach to international terrorism, and third, the steps that have been taken recently by the concerned specialized agencies of the United Nations to remedy the situation.

Go to article

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau Jan 1983

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

Go to article

Iii. Recent French Extradition Cases, Michigan Journal Of International Law Jan 1983

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

Go to article

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 …

Go to article

Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau Dec 1967

Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau

Michigan Law Review

A Review of Freedom of Expression and Security: A Comparative Study of the Function of the Supreme Courts of the United States and India by A.S. Bedi

Go to article

Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr. Jan 1962

Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.

Powell Speeches

No abstract provided.

Go to article

Harboring Conspiracy, Henry W. Rogers Jan 1884

Harboring Conspiracy, Henry W. Rogers

Articles

That the American people should naturally sympathize with Ireland in its demand for home rule is to be expected from the very nature of our institutions and theory of government. We in this country are of the opinion that Ireland, in demanding from England the right to regulate its domestic affairs in its own way and by its own laws, presents an honorable and a just cause, which appeals to our sympathy and sense of right. But it makes no difference bow honorable and legitimate a cause may be in itself, if it be supported by means which are not …

Go to article

First Prev