Libya: A Multilateral Constitutional Moment?,
2012
Georgetown University Law Center
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens,
2012
American University, Washington College of Law
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
Scholarly Articles in Law Reviews & Journals
Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …
Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry,
2012
University of Baltimore School of Law
Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean
All Faculty Scholarship
More than ever before, the Department of Defense is relying on contactors to support our men and women in uniform. However, the cost of supporting these contractors has been paid not only with congressional funds but with an unprecedented number of contractor casualties. Sadly, while contractors are dying in record numbers in Iraq and Afghanistan, Congress has been preoccupied with paying less for the statutorily mandated workers’ compensation insurance that is intended to protect these workers. With the advent of Kevlar vests and armored-plated Humvees, contractors are returning home, but often with scars of war both visible and invisible. Rather …
Rethinking Legality/Legitimacy After The Iraq War,
2012
University of Michigan Law School
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Book Chapters
My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …
The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts,
2012
Pepperdine University
The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Keeping Faith: The United States Military Enlistment Contract And The Implementation Of Stop-Loss Measures,
2012
Pepperdine University
Keeping Faith: The United States Military Enlistment Contract And The Implementation Of Stop-Loss Measures, Hannah Dyer
Pepperdine Law Review
No abstract provided.
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?,
2012
Georgia Institute of Technology
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Divided Responsibility: Nato, The European Union, And European Defense After Cold War,
2012
Pitzer College
Divided Responsibility: Nato, The European Union, And European Defense After Cold War, Samuel Jubelirer
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Nato Expansion During The Cold War And After,
2012
Claremont McKenna College
Nato Expansion During The Cold War And After, Evan Jaroff
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?,
2012
Claremont McKenna College
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Airpower Prophets: Giulio Douhet, Billy Mitchell And Hugh Trenchard,
2012
Embry-Riddle Aeronautical University
Airpower Prophets: Giulio Douhet, Billy Mitchell And Hugh Trenchard, Bob Berlin
ERAU Prescott Aviation History Program
Three airpower prophets from three nations created the concept of strategic bombing and advocated independent air forces. Their theories shaped military aviation for all time. Hear about their lives, controversies, courts martial and lasting influence.
For Whom The Little Bells Toll: Recent Judgments By International Tribunals On The Legality Of Cluster Munitions,
2012
Pepperdine University
For Whom The Little Bells Toll: Recent Judgments By International Tribunals On The Legality Of Cluster Munitions, Virgil Wiebe
Pepperdine Law Review
"Little bells" refer to cluster bomblets in Serbo-Croatian. Two international tribunals recently have found defendants liable for civilian deaths caused by cluster munitions. These decisions may herald a turning point in the regulation of these weapons. In 2004, the Eritrea-Ethiopia Claims Commission held Eritrea liable for civilians killed in cluster munition strikes on Mekele, Ethiopia. On June 12, 2007, the International Criminal Tribunal for the Former Yugoslavia held the former president of the now defunct Serbian Republic of Krajina criminally liable for deaths and injuries resulting from cluster munition rocket attacks on Zagreb. Cluster bombs came back onto the world …
"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? ,
2012
Pepperdine University
"When Johnny Comes Marching Home Again" Will He Be Welcome At Work? , Konrad S. Lee
Pepperdine Law Review
No abstract provided.
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide,
2012
Pepperdine University
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Negotiation And Settlement In Nagorno-Karabak: Maintaining Territorial Integrity Or Promoting Self-Determination? ,
2012
Pepperdine University
Negotiation And Settlement In Nagorno-Karabak: Maintaining Territorial Integrity Or Promoting Self-Determination? , Argam Derhartunian
Pepperdine Dispute Resolution Law Journal
The little-known region of Nagorno-Karabakh, known to Armenians as Artsakh, has been no stranger to conflict. This land, nestled in the historic "Armenian Plateau," has been ruled by many different dynasties and seen the faces of many different ethnicities and cultures. Today, both Armenians and Azeris claim an absolute historic right to Nagorno-Karabakh, periodically fighting over the region. Although the intense fighting ended in 1994, negotiation efforts regarding the territory of Nagorno-Karabakh remain stalemated. This has caused the leaders of Karabakh to declare the region an independent republic, although no state, including Armenia, has recognized this status. This article will …
Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace,
2012
Pepperdine University
Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein
Pepperdine Dispute Resolution Law Journal
We can only consider the role of peacemaking in Jewish law after examining the meaning and place of peace. Accuracy prevents me from opening with some platitude about how peace occupies a central, pivotal position in Jewish thought. It doesn't. Peace and peacemaking have a curious habit of not turning up in the middle of things, but all the way at the end. There are too many instances of this to be coincidental. There are nineteen blessings in the Amidah, the central (indeed!) prayer that Jews recite three times a day, every weekday of their lives. The very last …
Negotiating With Deity: Strategies And Influences Related To Recent North Korean Negotiating Behavior ,
2012
Pepperdine University
Negotiating With Deity: Strategies And Influences Related To Recent North Korean Negotiating Behavior , Jesse D. Steele
Pepperdine Dispute Resolution Law Journal
As images of nuclear missiles flash across television screens and news reports containing indiscernible Asian writing warn of conflict on the other side of the world, this article addresses one of the single greatest threats to global stability-the North Korean Nuclear Weapons Crisis-and assesses the negotiation strategies that have brought the world to its current situation. By looking at the historical negotiation tactics that have been utilized by each of the parties involved, particularly in light of societal norms and cultural influences, one can ascertain a great deal of insight regarding each party's respective strategies and objectives. This insight gleaned …
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War,
2012
Georgetown University Law Center
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The collective security structure created by the U.N. Charter is becoming shakier than ever, and two recent trends pose particular challenges to Charter rules on the use of force. The first trend involves a normative shift in understandings of state sovereignty, and the second trend involves improvements in technology--specifically, the rapid evolution of unmanned aerial vehicles, precision weapons, and surveillance technologies. Each trend on its own raises difficult issues. Together, they further call into question international law’s ability to meaningfully constrain the use of force by states.
Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations,
2012
South Texas College of Law
Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations. …
Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh ,
2012
Pepperdine University
Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh
Pepperdine Dispute Resolution Law Journal
In this paper, I will look at the sustainable impact that Alternative Dispute Resolution (ADR) programs are having in the third world by examining one such nation in particular, the country of Bangladesh. Due to its historical problems combating poverty and corruption, Bangladesh has uniquely devised alternative, extra judicial means of resolving conflict. I will begin by looking at the current state of affairs of the country's government and judicial systems. Next, I will examine the nation's distinctive dispute resolution mechanism, known as shalish, and then discuss the pivotal role non-governmental organizations (NGOs) are playing in adapting the traditional ADR …
