Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law,
2012
American University Washington College of Law
Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul Williams, Anna Triponel
Scholarly Articles in Law Reviews & Journals
The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader. This chapter examines the …
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?,
2012
American University Washington College of Law
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …
The Common Heritage Of Mankind: Past, Present, And Future,
2012
California Western School of Law
The Common Heritage Of Mankind: Past, Present, And Future, John E. Noyes
Faculty Scholarship
This essay reflects on what has happened to the principle of the common heritage of humankind (the CH principle whereby all manage resources and share in the rewards of exploiting them, even if they are not able to participate in that exploitation) including recent developments affecting its implementation and its possible future. Part II of this essay discusses what the CH principle means in international law. This discussion involves three questions: To what situations does the principle apply? What are its components or elements? And what is its legal status? Parts III and IV suggest that "context" is essential to …
A Development Model Meets Piracy In Paraguay,
2012
California Western School of Law
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
Faculty Scholarship
This essay will explore the dynamics behind Paraguay's economy, political stability, legal culture, and geopolitical conditions that make the protection of IP rights a major challenge. Part I of this essay details Paraguay's current condition in a socioeconomic, political, and developmental context. Part II of this essay explores how Paraguay's lack of economic opportunities, relaxed enforcement regime, and cultural tradition create conditions where the counterfeiting industry flourishes. Part III of this essay examines some of the international IP rights agreements to which Paraguay is a party, and it examines how these agreements might help strengthen the IP rights regime in …
Reflections On Oceans And Sids,
2012
Elisabeth Haub School of Law at Pace University
Reflections On Oceans And Sids, Ann Powers
Elisabeth Haub School of Law Faculty Publications
A great deal has already been written about the UN Conference on Sustainable Development and its outcome document, “The Future We Want”. Much of the commentary has been critical of both the process and the document. To understand the process and the final result, it may be useful to look at how one or two issues advanced over the course of the negotiations. Both ocean advocates and representatives of Small Island Developing States (SIDS) seemed relatively satisfied with the results of the conference, and a look at those interlinked matters is interesting.
An Examination Of The Varying Role Of The United Nations In The Civil Wars Of Rwanda And El Salvador,
2012
University of Nevada Las Vegas
An Examination Of The Varying Role Of The United Nations In The Civil Wars Of Rwanda And El Salvador, Vanessa Jaramillo-Cano
Calvert Undergraduate Research Awards
The purpose of this work is to examine the efforts of the United Nations in the Post-Cold War era with special emphasis on peacekeeping missions. A comparative study of recent United Nations peacekeeping operations will be completed to identify the variables that encourage or discourage international (UN) involvement in cases of civil conflict. For the purpose of this work, civil conflict will be narrowly defined as a domestic conflict with two major armed groups (ie: civil wars). Two countries will be studied to explore the nature of the respective conflicts, the transitional methods used by the peacekeeping mission to return …
Creating New Stories, Creating New Lives: Applying Narrative Therapy To Survivors Of Human Sex Trafficking,
2012
University of Nevada, Las Vegas
Creating New Stories, Creating New Lives: Applying Narrative Therapy To Survivors Of Human Sex Trafficking, Paige Espinosa
McNair Poster Presentations
The effects of trauma experienced by survivors of sexual human trafficking has been an under-researched topic in the psychological community. This study will review the current literature on the psychological and emotional implications associated with human sex trafficking, and analyze the components of narrative therapy and its previous application in treating domestic abuse trauma. This paper will explore the viability of narrative therapy as a method to treat the complicated traumas and stress developed as a victim of sexual trafficking. The ultimate goal of this literature analysis is to propose a study that utilizes narrative therapy as an approach that …
Par In Parem Imperium Non Habet,
2012
Santa Clara University
Par In Parem Imperium Non Habet, Beth Van Schaack
Faculty Publications
The principle of complementarity undergirds the International Criminal Court’s admissibility regime. And yet, in the negotiations leading up to the 2010 Review Conference in Kampala, Uganda, delegates did not fully focus on the potential for the addition of the crime of aggression to destabilize the Court’s complementarity regime. The only guidance from the ASP came in the form of two interpretive Understandings that express a subtle preference that States Parties not incorporate the crime into their domestic codes. If States Parties heed this call - which they should - the Court will inevitably be faced with situations in which there …
Removing Head Of State Immunity: Utilizing Domestic Courts To Promote Access To Justice,
2012
Seton Hall Law
Removing Head Of State Immunity: Utilizing Domestic Courts To Promote Access To Justice, Aya Tochigi
Student Works
No abstract provided.
User Generated Revolution And Censorship: Is There A Right To Revolution?,
2012
Seton Hall Law
User Generated Revolution And Censorship: Is There A Right To Revolution?, Chris Desimone
Student Works
No abstract provided.
International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation,
2012
Florida International University College of Law
International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh
Faculty Publications
A fundamental pillar of the Rome Statute of the International Criminal Court (ICC) is Article 17, which enshrines the complementarity principle – the idea that ICC jurisdiction will only be triggered when states fail to act to prosecute genocide, crimes against humanity and war crimes within their national courts or in circumstances where they prove unwilling and or unable to do so. The problem is that, as shown in this case report in the American Journal of International Law on the first ICC Appeals Chamber ruling regarding a state party’s objection to the court’s assertion of jurisdiction over its nationals, …
Eric Stein (1913-2011),
2012
University of Michigan Law School
Eric Stein (1913-2011), Daniel Halberstam, Steven Ratner, Mathias Reimann
Articles
On July 28,2011, Eric Stein, pillar of international law, pioneer of the legal study of European integration, and master of comparative law, passed away in Ann Arbor, Michigan. He was ninety-eight years old. He joined this Journal's Board of Editors in 1963, serving as a regular member until 1978, and thereafter as an honorary editor. Stein was the last of that great generation of European-educated jurists who fled Nazism and became leading figures in comparative and international law in the United States.
Book Review: International Law Stories,
2012
William & Mary Law School
Book Review: International Law Stories, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
Military Lawyers And The Two Cultures Problem,
2012
Georgetown University Law Center
Military Lawyers And The Two Cultures Problem, David Luban
Georgetown Law Faculty Publications and Other Works
Military and humanitarian lawyers approach the laws of war—labeled “law of armed conflict” by the former and “international humanitarian law” by the latter—in very different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. This article argues that from these radically different axioms legal consequences systematically follow regarding treaty interpretation, the sources and reach of customary international law, the nature of international law, deference and discretion to military commanders, and the connection between …
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention,
2012
Georgetown University Law Center
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The 1993 Chemical Weapons Convention (CWC) is one of the most important multilateral arms control instruments; it requires its 188 parties to refrain from producing, acquiring, retaining or using chemical weapons (CW) and to destroy their existing CW stockpiles by a fixed date. The United States and Russia declared the possession of the world’s largest CW inventories and have been working assiduously to incinerate, chemically neutralize or otherwise dispose of their respective caches. Unfortunately, neither country met the treaty’s April 29, 2012 final, non-extendable deadline. The United States managed to destroy 90% of its CW stocks on time, but under …
Remarks,
2012
University of Colorado Law School
Remarks, James Anaya
Publications
These remarks were delivered at the Closing Plenary--Indigenous Peoples and International Law: A Conversation with UN Special Rapporteur James Anaya and Inter-American Commission Rapporteur Dinah Shelton.
Parochialism, Cosmopolitanism, And The Foundations Of International Law,
2012
University of Baltimore School of Law
Parochialism, Cosmopolitanism, And The Foundations Of International Law, Mortimer N.S. Sellers
Books
Summary: "This book determines the boundary between parochial and cosmopolitan justice. To what extent should law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment or exemptions or heightened duties under international law. Parochialism and cosmopolitanism are the two faces of international law, which recognizes our common humanity by protecting us in our differences"-- Provided by publisher.
Introductory Remarks: International Energy Governance,
2012
University of Colorado Law School
Introductory Remarks: International Energy Governance, Lakshman Guruswamy
Publications
No abstract provided.
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict,
2012
University of Colorado Law School
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain
Publications
No abstract provided.
The Message And Means Of The Modern Terrorism Prosecution,
2012
University of Colorado Law School
The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said
Publications
This Article, written in conjunction with Transnational Law and Contemporary Problems' 2011 Symposium on Ten Years After 9/11: Rethinking Counterterrorism, stemmed from a panel that examined "how the United States and other Western countries receive Islamic culture in their societies and how they export their Western cultures to the Islamic world, in each case to assess the degree to which their cross-cultural behaviors mitigate or worsen anti-Western terrorism from the Middle East and Central/South Asia and to recommend solutions if needed."' This contribution focuses on the criminal terrorism prosecution in the United States, and takes up the panel's theme by …
