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Articles 1 - 30 of 134
Full-Text Articles in International Relations
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Neal E. Devins
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Linda A. Malone
No abstract provided.
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
Linda A. Malone
No abstract provided.
Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs
Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Charlotte Ku
No abstract provided.
Habeas Corpus In The Age Of Guantánamo, Cary Federman
Habeas Corpus In The Age Of Guantánamo, Cary Federman
Cary Federman
The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
David H. Moore
No abstract provided.
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
David H. Moore
No abstract provided.
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Errol Meidinger
Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.
This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …
De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco
De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco
Juan Branco
No abstract provided.
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Donna M. Hughes
Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Pasha L. HSIEH
The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds
The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds
Jesse Reynolds
Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia
Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia
Ahmed E SOUAIAIA
Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.
Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek
Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek
Alev Dudek
In spite of ongoing improvements, integration of ethnic Turks in Germany remains a challenge from the dominant culture perspective, whereas a deeply ingrained institutional and everyday racism and the lack of legal protection against discrimination pose a challenge to full participation of ethnic Turks from another perspective. In an increasingly xenophobic Europe, particularly Germany, an increase in potential for religious and nationalist radicalization in different groups including ethnic Turks is becoming more and more evident. This increase in radical attitudes is not necessarily caused by a lack of integration, as evidenced among well-integrated individuals.
In view of recent developments toward …
New Trends In Migratory And Refugee Law In Brazil: The Expanded Definition, Dr. Catherine J. Tinker, Laura Madrid Sartoretto
New Trends In Migratory And Refugee Law In Brazil: The Expanded Definition, Dr. Catherine J. Tinker, Laura Madrid Sartoretto
Dr. Catherine Tinker
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Aziz Rana
No abstract provided.
Responses To The Ten Questions, Aziz Rana
Responses To The Ten Questions, Aziz Rana
Aziz Rana
This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.
The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds
The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds
Jesse Reynolds
Help From Above: The Role Of International Law In Facilitating The Use Of Outer Space For Disaster Management, Brian R. Israel
Help From Above: The Role Of International Law In Facilitating The Use Of Outer Space For Disaster Management, Brian R. Israel
Brian R Israel
This chapter explores the role of international law as well as non-legal mechanisms in enabling the use of outer space for valuable new disaster management applications. This overall challenge is addressed in three phases, ranging from the collective action problems arising from the use of space in general, to sovereignty-based objections to observing the Earth from space, to the complex coordination challenges of harnessing existing space systems for disaster applications. One mechanism in particular, the legally non-binding International Charter for Space and Major Disasters, serves as a remarkable case study in international cooperation because of the speed with which it …
Beyond The National Resource Privilege: Towards An International Court Of The Environment, Fabian Schuppert
Beyond The National Resource Privilege: Towards An International Court Of The Environment, Fabian Schuppert
Fabian Schuppert
No abstract provided.
International Arbitration Culture And Global Governance, Joshua Karton
International Arbitration Culture And Global Governance, Joshua Karton
Joshua Karton
Academics increasingly characterize international commercial arbitration (ICA) as a form of global governance. However, this literature rarely discusses why ICA should come to provide truly global governance, as opposed to being simply an atomized form of governance derivative of national court litigation — more neutral, more widely enforceable, perhaps faster and cheaper, but essentially the same adjudicative exercise in a different venue. For ICA to constitute global governance, as opposed to merely disconnected resolutions of individual cross-border disputes according to national laws, there are at least two prerequisites. First, legal rules must be formulated at the global level and apply …
Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet
Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
The United Nations And The Magna Carta For Children, Winston E. Langley
The United Nations And The Magna Carta For Children, Winston E. Langley
Winston E. Langley
The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia
A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia
Ahmed E SOUAIAIA
Qatar, Saudi Arabia, United Arab Emirate (UAE), Turkey, and the West condemned in unison the Syrian regime for its harsh treatment of Syrians from the first day of the uprising in that country. Many observers were skeptical of the stated reasons for this sudden interest in human rights issues given that the Gulf States are in fact models of repressive governance. As the reaction to the Egyptian crisis revealed, the opposition to the Syrian regime was not motivated by its stated goals (support for democracy and condemnation for authoritarianism). It was dictated by narrow political, ideological, and sectarian interests.
Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa
Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa
Michael A Pipa
The first use of the modern day attack drone by the United States was in Afghanistan in mid 2002, and for the past 11 years attack drones have been used by the United States in as many countries as Pakistan, Yemen and Somalia. When considering the alternatives to using drones, such as sending marines on the ground to complete a mission or flying a piloted jet over enemy territory to gather intelligence, as well as the military power that the use of these vehicles projects, the attack drone has become the weapon of choice in the war on terror for …
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions must …
Do We Have An Itar Problem: A Review Of The Implications Of Itar And Title Vii On Small Satellite Programs, Jeremy Straub, Joe Vacek
Do We Have An Itar Problem: A Review Of The Implications Of Itar And Title Vii On Small Satellite Programs, Jeremy Straub, Joe Vacek
Jeremy Straub
The small satellite space certainly falls within the realm of ITAR considerations. Some programs operate under the (perhaps mistaken) belief that ITAR doesn’t apply to them (or that they will never be caught). Others may assert that they are working under the basic research exemption. Still others have implemented ITAR information and facility access controls. At best, ITAR introduces a level of uncertainty regarding small satellite programs; at worst, it may be a predator lurking in the proverbial ‘tall grass’ waiting to pounce. This paper reviews the current state of ITAR legislation (including efforts to reform and revise the law) …
On The Need To Balance Endowments And Academic Integrity, Ahmed Souaiaia
On The Need To Balance Endowments And Academic Integrity, Ahmed Souaiaia
Ahmed E SOUAIAIA
As universities face revenues shortfalls due to national and global economic trends, administrators are forced to look for alternative funding streams. Some of the attractive options consist of creating satellite campuses in rich countries and accepting donors from individuals, corporations, and governments. What is the price of such new partnerships and what is the function of endowments for donors and the universities?