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The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust 2014 University of Houston

The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd 2014 University of North Carolina at Chapel Hill

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato 2014 Northwestern University

Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And State "Sovereignty", Louis Henkin 2014 Columbia University

Human Rights And State "Sovereignty", Louis Henkin

Georgia Journal of International & Comparative Law

No abstract provided.


The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich 2014 University of Virginia

The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson 2014 The Catholic University of America, Columbus School of Law

Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson

Catholic University Law Review

Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this circuit split …


Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo 2014 U.S. Naval War College

Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo

International Law Studies

In August 2014, a Chinese fighter aggressively intercepted a U.S. Navy surveillance plane over the South China Sea. This incident once again raises the issue of the legality of conducting military activities in and over the exclusive economic zone (EEZ) without coastal State notice or consent. All nations have a right under international law to conduct military activities in foreign EEZs. The article discusses the legal bases for conducting these activities and reviews some of the more prominent arguments used by States that purport to regulate such activities in the EEZ. It concludes that the right to engage in military …


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney 2014 University of Georgia School of Law

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker 2014 University of Georgia School of Law

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross 2014 University of Haifa

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines 2014 U.S. Naval War College

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …


Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert 2014 Touro University Jacob D. Fuchsberg Law Center

Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert

Touro Law Review

No abstract provided.


Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts 2014 U.S. Naval War College

Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts

International Law Studies

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.


The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob McLaughlin 2014 U.S. Naval War College

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …


Book Review: Sources Of State Practice In International Law, Anne Burnett 2014 University of Georgia School of Law

Book Review: Sources Of State Practice In International Law, Anne Burnett

Georgia Journal of International & Comparative Law

No abstract provided.


The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard 2014 University of Georgia School of Law

The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal 2014 University of Georgia School of Law

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.


Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace 2014 University of Georgia School of Law

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.


Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard 2014 University of Georgia School of Law

Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard

Georgia Journal of International & Comparative Law

No abstract provided.


World Trade Organization Adjudication Of The European Union-United States Dispute Over The Moratorium On The Introduction Of New Genetically Modified Foods To The European Common Market: A Hypothetical Opinion Of The Dispute Panel, Charles W. Smitherman III 2014 University of Georgia School of Law

World Trade Organization Adjudication Of The European Union-United States Dispute Over The Moratorium On The Introduction Of New Genetically Modified Foods To The European Common Market: A Hypothetical Opinion Of The Dispute Panel, Charles W. Smitherman Iii

Georgia Journal of International & Comparative Law

No abstract provided.


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