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Full-Text Articles in Social and Behavioral Sciences
Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato
Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato
Faculty Working Papers
Churchill had been given at least forty-eight hours' warning that Coventry would be hit. He could have warned the people of Coventry of the impending attack. Yet Churchill determined that any advance warning to the people of Coventry would have enabled the Germans to deduce that their top secret code had been broken. The coded intercepts provided evidence of the Holocaust in progress. Other ways to reveal information that could have by-passed the code system existed, thus providing warning to the public while maintaining a strategic advantage. The international law of genocide would have to develop to go beyond intentional …
The Moral And Legal Basis For Sanctions, Anthony D'Amato
The Moral And Legal Basis For Sanctions, Anthony D'Amato
Faculty Working Papers
In order to analyze the moral and legal basis for sanctions in international relations, we have to begin at a stage where there is no centralized government in place. We first need to get a picture of the range of possible sanctions. Next, we need to see what role sanctions play in the international system. Finally, we turn to the intertwined moral and legal considerations that make well-designed sanctions efficacious in today's world. The fundamental objective of sanctions in interstate relations is to make it expensive for a target state to refrain from doing what the sanctioning state wants it …
World Conferences And The Cheapening Of International Norms, Anthony D'Amato
World Conferences And The Cheapening Of International Norms, Anthony D'Amato
Faculty Working Papers
As long as we understand that world conferences only address problems, we will not be disappointed in them. We will only be disappointed if we think that a world conference is supposed to solve problems. Is there any point in getting a lot of people together, at great expense, just to address a problem without any prospect of solving it? My answer is a qualified yes. A world conference is a cultural artifact. It has an impact upon our collective sense of civilization.
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …