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The Arrival Of "Statelessness Studies"?, David C. Baluarte 2019 Washington and Lee University School of Law

The Arrival Of "Statelessness Studies"?, David C. Baluarte

David Baluarte

In this symposium contribution, the author provides a view that the study of statelessness has emerged as a multi-disciplinary field and urge that we institutionalize it as such. Statelessness is fundamentally a legal concept. The definition of ‘stateless person’ specifically refers to the operation of law, and the protections envisioned by both the 1954 and 1961 Conventions afforded to stateless persons are legal in nature. At the same time, formal legal reasoning has proven inadequate to fully understand statelessness and protect stateless persons. Moreover, factual statelessness enjoys few legal protections, but is essential to a more robust understanding of nationality ...


Sequencing Peace And Justice In Syria, Milena Sterio 2019 Cleveland-Marshall College of Law, Cleveland State University

Sequencing Peace And Justice In Syria, Milena Sterio

Milena Sterio

Since 2011, the conflict in Syria has caused the death of hundreds of thousands of individuals and the displacement of millions. Efforts to refer the Syrian situation to the International Criminal Court (ICC) have consistently failed despite well-documented reports about the commission of serious crimes in Syria, including the use of chemical weapons against civilians, torture, the use of child soldiers, and crimes of sexual violence.

This Article explores whether the dual goals of peace and justice can be reconciled in the Syrian context and how these goals may be properly sequenced in order to potentially achieve long-lasting peace in ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

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 2019 William & Mary Law School

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 Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone 2019 William & Mary Law School

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Linda A. Malone

No abstract provided.


Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone 2019 William & Mary Law School

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Linda A. Malone

No abstract provided.


Human Rights In The Middle East, Linda A. Malone 2019 William & Mary Law School

Human Rights In The Middle East, Linda A. Malone

Linda A. Malone

No abstract provided.


Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone 2019 William & Mary Law School

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Linda A. Malone

No abstract provided.


Arab-Israeli Conflict, Linda A. Malone 2019 William & Mary Law School

Arab-Israeli Conflict, Linda A. Malone

Linda A. Malone

No abstract provided.


Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew 2019 Australian National University College of Law

Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew

International Law Studies

The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When ...


International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs 2019 William & Mary Law School

International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs 2019 William & Mary Law School

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Amnesty For Even The Worst Offenders, Jay Butler 2019 William & Mary Law School

Amnesty For Even The Worst Offenders, Jay Butler

Jay Butler

In recent years, global policy makers have declared that heads of state must be held accountable through criminal prosecution for internationally wrongful acts. Scholars too have insisted that the international system’s embrace of accountability excludes or renders illegal the granting of amnesty. This Article argues that that position is too narrow and uses the ongoing conflict in Syria, as well as other contemporary examples, to examine some of consequences of the clamor for prosecution.

The Article rejects the binary juxtaposition of amnesty and accountability in current international legal scholarship, and instead seeks to broaden the terms of the conversation ...


A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland 2019 University of Toronto

A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland

Craig M. Scott

This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) in ...


Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson 2019 National Yang-Ming University, Taipei

Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson

CLCWeb: Comparative Literature and Culture

In “Mediating Suffering: Buddhist Detachment and Tantric Responsibility in Michael Ondaatje’s Anil’s Ghost,” Justin Hewitson argues that the global mediation of suffering following human rights abuses creates the offender-victim binary. The way in which moral judgments drive urgent peacemaking is seldom connected to long-term victimhood narratives. This psychology can exacerbate cyclical patterns of anger, exploitation, and violence by deferring responsibility. Ondaatje’s controversial novel, Anil’s Ghost, which reflects these charged accusations, refuses to settle blame on any side of the Sri Lankan conflict; instead, it offers the troubling recognition that offenders, victims, and mediators are all causal ...


Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar 2019 University of Baltimore School of Law

Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar

Adeen Postar

Leonard Orland is the Oliver Ellsworth Professor of Law at the University of Connecticut. He has written a fine, if a bit unwieldy, book that traces the sad history of money and other assets deposited in supposedly sacrosanct Swiss banks by European Jews during the Nazi era to its long overdue resolution by the American justice system. The book provides background and perspective on how and why the $12.1 billion in pre-war dollars (about $250 trillion today) of financial assets of Holocaust victims disappeared into thin air in the years following World War II. These assets were given over ...


Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten MD Stefanik 2019 The University of Western Ontario

Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten Md Stefanik

Electronic Thesis and Dissertation Repository

This thesis advances the claim that there is a gap between the regulation of behaviour for the protection of individuals in peace and the regulations needed to protect civilians from combatant violence during war. Social psychology and criminology theories can help to develop the necessary conflict-specific behavioural regulations. This is because social psychology and criminology theories can explain how combatant deviance is adversely affected by psychological processes that reframe combatants’ conceptions of right and wrong and, in so doing, fundamentally alter the way in which combatants view the IHL rules intended to protect civilians. This thesis uses legal doctrinal methodology ...


The Dynamism Of Treaties, Yanbai Andrea Wang 2019 University of Maryland Francis King Carey School of Law

The Dynamism Of Treaties, Yanbai Andrea Wang

Maryland Law Review

How do treaties change over time? This Article joins a growing body of scholarship focusing not on formal change mechanisms but instead on informal change arising from a treaty’s implementation in practice. Informal implementation is often murky, poorly documented, and may be indistinguishable from noncompliance. Yet it is significant both doctrinally under the Vienna Convention on the Law of Treaties—a set of rules for the formation and operation of treaties—and in its own right, when it does not meet the requirements to be doctrinally relevant. Based on a deep dive into the history of one of the ...


Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody 2019 Washington and Lee University School of Law

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Karen Woody

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated ...


Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody 2019 Washington and Lee University School of Law

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Karen Woody

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and ...


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