 IA FORUM ARTICLES |
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| Information on Anti-Corruption Program in Macedonia |
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| Information sheet on joint Transparency International and Center for International Relations anti-corruption effort, Transparency Watch. |
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| Report on the premiere of “Justice for Sergei" on the one year anniversary of the death of Russian lawyer Sergei Magnitsky, who died in a Moscow prison. By Marina Grushin. (IA-Forum, 11/21/2010) |
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| Legal status of displaced persons due to climate change |
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| Author provides in-depth look at legalities of displaced persons due to climate change. By Dr. Judit Toth (10/12/2010) |
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| Israel and Sri Lanka: a media analysis of war crimes allegations |
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| Report by Just Journalism, a UK-based research organization focused on how Israel and Middle East issues are reported in the UK media. (June 2009) |
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| IA-Forum Interview: Professor Philippe Sands QC |
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| IA-Forum speaks with Professor Philippe Sands QC about international law issues and his latest book, Lawless World: America and the Making and Breaking of Global Rules (Viking). By Dimitri Neos and Anna Larnefeldt. (IA-Forum, 1/20/2006) |
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| IA-Forum Interview: Prof. Dorothee Heisenberg |
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| Prof. Dorothy Heisenberg (John Hopkins University) discusses the privacy policy Safe Harbor. (IA-Forum, 9/17/2004) |
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| Justice Department Memo Regarding Standards of Conduct for Interrogation |
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| The United States Justice Department (Office of Legal Council) memo on the standards of conduct for interrogation under the Convention Against Torture and other Cruel, Inhumane and Degrading Treatment or Punishment (by Jay S. Bubby, Assistant U.S. Attorney General, 08/01/2002) |
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| Colin L. Powell memo to the Assistant to the President for National Security Affairs |
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| Draft Decision Memorandum for the President on the Applicability of the Geneva Convention to the Conflict in Afghanistan. (by Colin L. Powell, 01/26/2002) |
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| White House Counsel Alberto Gonzales memo to the President |
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| Decision Re Application of the Geneva Convention of Prisoners of War to the Conflict With Al-Qaeda and the Taliban. (by Alberto R. Gonzales, 1/25/2002) |
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| EDITORIALS |
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| Muddy Diplomacy |
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| Analyzes an almost-forgotten maritime dispute between Peru and Chile that is being brough to the International Court in The Hague. By Alan Hootnick. (09/23/2007) |
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| Reaction to the Chinese National People’s Congress recently passed bill on personal property rights. By Richard Neil Lorenc. (03/17/2007) |
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| The Case That Was |
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| Author asks who should be held accountable after Milosevic's death; does his passing excuse him for the atrocities he committed against the citizens of Yugoslavia? By Tonya Jones. (IA-Forum, 3/13/2006) |
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| Questionable Case Against David Irving’s Sentence |
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| Author discusses trial of controversial author David Irving and argues against an excessive sentence. By David A. Hollingsworth. (IA-Forum, 3/2/2006) |
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| Authors argue that a key to a stable Pakistan is through judicial reform. By Irshad Panhwer & Jennifer Sheehy-Skeffington. (01/25/2011) |
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| FEATURED ELSEWHERE
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| All sides need to issue more reassuring statements, exercise caution during planned military exercises and, especially, the North must avoid further blatant disregard of its international obligations. ( 03/13/2013, Crisis Group ) |
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| With the Lisbon Treaty now in effect, the European Union has more power to implement foreign policy decisions -- on paper, at least. The reformed EU's effectiveness will ultimately depend on whether its member states focus on continued integration rather than on retaining their national perspectives. By Anthony Luzzatto Gardner and Stuart E. Eizenstat. (Foreign Affairs - Mar/Apr 2010) |
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| It is extraordinarily likely that the leaders meeting in Copenhagen will agree to something and congratulate themselves for it. For it to be meaningful, there are some challenges an agreement would have to overcome. By Philip I. Levy. (ForeignPolicy.com/AEI, 12/09/2009) |
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| The recent revelations from East Anglia show that what's really at work is a very large clique of scientists is attempting to excommunicate perceived heretics for reasons that have more to do with psychology and sociology than physics or climatology. By Jonah Goldberg. (USA Today, 12/01/2009) |
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| The assumption that nuclear weapons are indispensable to keeping the peace is crumbling, says UN Secretary General Ban Ki Moon. He presents five-point plan to achieve his goal. (Project Syndicate, 08/08/2009) |
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| The Obama administration has an opportunity to help define new roles for the United States in this changing Asia. But to sustain its position in the region, Washington will need to move beyond its traditional “hub and spokes” approach to Asia—with the United States as the hub, bilateral alliances as the spokes, and multilateral institutions largely at the margins of U.S. policy. Otherwise, the Uni |
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| The author examines different approaches countries view as necessary towards handling Iran and North Korea. By Mark Landler (Ny Times, 9/21/2009) |
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| Formation of US trade barriers with India and China to curb energy-intensive production in in areas with weak emissions controls may do more economic harm than environmental good. by Sallie James (Cato Institute 9/9/09) |
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| Anderson and Gifford identify ‘the law of war’ as a system of norms through which the destructive aspects of conflict are mitigated. Their argument relies on the realist assumption of an anarchic system and F. A. Hayak’s claim that law can exist as order not of governmental design. By Gary Anderson and Adam Gifford. (Cato Institute 3/8/2004) |
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| This article appeals to the Honduran Constitution, the Democratic Charter, and the UN Commission on Human Rights in order to demonstrate that the removal of President Manuel Zelaya was a “coup… [and] an assault on constitutional order”. By Doug Cassel. (The American Society of International Law, 7/29/2009) |
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| In this brief article Feulner examines the extent to which Sotomayor has expressed her views on the relevance of international law when examining the Constitution. He advocates criticism of her openness to this method for Constitutional interpretation. By Edwin J. Feulner. (The Heritage Foundation, 7/14/2009) |
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| Marco Basile explains the awkward legal dilemma that lays behind the ICC order for arrest of President Bashir of Sudan. He demonstrates in what ways this legal snafu may curtail the effectiveness of international law now and in the future. (The Century Foundation, 7/9/2009) |
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| This article claims that progress in the Arab-Israeli peace process will come only when Obama is willing to identify Israeli settlements in the West Bank illegal under international law. By Flynt Leverett. (New America Foundation, 7/1/2009) |
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| Spector uses the conflict over sovereignty in the western Sahara as a test-case to explain his view that self-determination law is inadequate and must be reformed to take into account on-the-ground realities. He argues that revitalization of this sector of international law has the potential to strengthen the entire cannon. By Samuel Spector. (Middle East Forum, Summer 2009) |
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| Denouncing the I.C.C. just because it has charged an African head of state will undermine justice. By Kofi Annan (International Herald Tribune, 06/29/2009) |
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| Schulz’s offers an unusual view of American resistance to the penetration of international law into American jurisprudence and argues that amelioration of this fear would provide a needed boost to domestic social justice reform. (Center for American Progress 6/17/2009) |
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| Originally Published in the Wall Street Journal, this article discusses the use of the Alien Tort Statute of 1789 in trying international human rights cases at home. By John B. Bellinger III (Council on Foreign Relations, 5/27/2009) |
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| Author Daniel Taub argues in this piece that international law is fundamentally flawed and inadequate for the modern era because it does not provide states with legal mechanisms for responding to terrorist attacks. (American Enterprise Institute for Public Policy Research, 5/11/2009) |
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| Bolton describes Spanish prosecution of American Lawyers on human rights charges and urges Obama to “pronounce unequivocally that Spain should take whatever steps are necessary to stop Judge Garzón”. By John Bolton. (American Enterprise Insitute for Public Policy Research, 5/6/2009) |
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| If the underlying factors that precipitated the Gaza war are not addressed, Hamas and Israel could soon find themselves on the edge of another explosion. (International Crisis Group, 04/23/2009) |
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| Article explains that failure to prosecute war crimes could result in a tension in transatlantic relations. By Bernard Finel. (Atlantic Council, 4/22/2009) |
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| This article summarizes the 2009 Spanish attempted prosecution of Bush officials to argue that universal justice doctrine must not be used in national courts and the ICC and IJC should be strengthened. By Valerie Nichols. (Atlantic Council, 4/16/2009) |
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| Spanish judge uses Universal Justice Doctrine to challenge Bush 6 involved in detainee torture. Article speculates about Obama’s couse of action and what implications this might have on US- Spanish and US- ICC relations. By Valerie Nichols. (Atlantic Council, 4/16/2009) |
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| Food shortage, methods to combat hunger, and the idea of food as a ‘right’ provided by international law. By Sandra Polaski, Olivier de Schutter, Steven Schonberger, and Gawain Kripke.
(Carnegie Endowment for International Peace, 4/8/2009) |
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| This article expresses its author’s view of the March naval spat between China and the USA and US ratification of the Law of the Sea. By Erik. (Pacific Freeze, 3/25/2009) |
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| Originally published in the New York Times, this article examines the detrimental effects of the UN valuing security over justice. Cambodia provides the example. By Elizabeth Becker. (Center for Strategic and International Studies, 3/14/2009) |
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| Describes steps the US should take to strengthen international law and reaffirm our commitment to it. Full article is available in pdf format. Abstract is available at the link. Project Director & Rapporteur: Frances G. Burwell. (Atlantic Council, 3/9/2009) |
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| The Russian Analytical Digest discusses security models in the context of Russia and its relations with Europe and the United States. By Margarete Klein, et al. (Russian and Eurasian Security Network, 2/18/2009) |
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| This article criticizes the nomination of David Ogden to the position of Deputy Attorney General because of the case brief Ogden submitted in Roper v. Simmons that recommended the use of international standards in Constitutional adjudication. By Deborah O’Malley. (The Heritage Foundation, 2/6/2009) |
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| 'Modern" war disgusts us in the tragic consequences it has for civilians. Compliance with international humanitarian law must be made the subject of depoliticized discussions at the United Nations, writes Bernard Kouchner. (International Herald Tribune, 01/28/2009) |
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| For many climate-change experts, the Copenhagen summit was something of a failure. In order to make real progress on pressing climate issues, policymakers must give up on a binding deal and begin to look outside the UN process. By Michael Levi. (Foreign Affairs - 02/22/2010) |
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| This article claims that although the Iraq War was waged without international legal approval, it maintains the principles of international law. By Jacques deLisle. (Foreign Policy Reseach Institute, 3/28/2003) |
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| Implications of President Omar Hassan al-Bashir of Sudan's arrest by the International Criminal Court.
By Desmond Tutu
(The New York Times, 03/02/2009) |
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| In Sudan this week, as the International Criminal Court issued a warrant from the arrest of President Bashir, the BBC's Owen Bennett-Jones found echoes of a 100-year-old conflict.
(BBC 03/07/2009) |
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| This article identifies a growing trend in “transnationalist jurisprudence." Its author argues that this practice not only undermines American sovereignty, but also is being used by justices and judges to promote their own political rhetoric. By Deborah O’Malley. (The Heritage Foundation, October 2008) |
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| Major violence has been avoided but the calm is deceptive in newly independent Kosovo. Divisions between Albanian and Serb areas have widened. (Crisis Group, 09/25/2008) |
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| Amnesty International's new report into how small arms from major state players in the international arena such as China, Russia and the US are finding there way into the hands of those with questionable human rights records, builds a strong case for the introduction of a global Arms Trade Treaty (ATT) that could help the empowerment of human rights across the globe (Amnesty International, 09/17/ |
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| Sharia-compliant financial tools are growing in popularity world-wide both in the Middle Eastern and Western world. This paper studies how the norms of the current field have affected traditional international finance and the laws of the jurisdictions in which Sharia-compliant finance takes place. By: Kilian Balz (Islamic Legal Studies Program at Harvard Law School's Occasional Publications, 09 |
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| Liakhov provides background into international law regarding secessionist movements in order to demonstrate that international law does not “preclude Abkhazia and South Ossetia from becoming independent states”. By Andrei Liakhov. (Center for Defense Information, 8/27/2008) |
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| Arctic policy is already a dense network of legal and political agreements between different national and supranational stakeholders. Now the European Union wants to play a greater role. By Gerd Braune (Internationale Politik, Spring 2009) |
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| This brief opinion piece argues that the US should quickly ratify several broadly supported international treaties so as to reaffirm her commitment to international cooperation and rule of law. (Center for American Progress, 4/14/2008) |
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| The state isn’t a universally representative phenomenon today, if it ever was. The world is fragmenting, badly. Gird yourself for a new Dark Age, says Parag Khanna. (Foreign Policy, May/June 2009) |
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| In this article Dann attacks the conclusions established by Idith Zertal and Akiva Eldar’s Lords of the Land. A portion of this article seeks to prove that Israeli occupied territories in the West Bank do not violate international law. By Moshe Dann. (Middle East Forum, 2007)
An Event hosted by the Brookings Institution in May 2009. Panelists included Mohamed Ali (President of the Criminal |
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| In this article Dann attacks the conclusions established by Idith Zertal and Akiva Eldar’s Lords of the Land. A portion of this article seeks to prove that Israeli occupied territories in the West Bank do not violate international law. By Moshe Dann. (Middle East Forum, 2007) |
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| This article describes American’s “legal isolationism” and recommends changes in course for the Obama administration. By Sarah E. Mendelson. (Center for Strategic and International Studies, October 2007) |
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| This article explains the nature of the US European divide over international law and how it should be resolved. Abstract at link, full article in PDF form. By William H. Taft IV
Frances G. Burwell. (Atlantic Council, 4/17/2007). |
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| The intersections of Islamic law (shariah) in a theoretical sense or as expressed in various Middle Eastern countries' national laws with such tools of human rights as the Universal Declaration of Human Rights and CEDAW. By: Jumana Shehata. (Arab Insight/ World Security Institute Cairo) |
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| Authors argue that the future of the International Criminal Court hinges on how the international community, and in particular the UN Security Council, responds to the reaction of the Sudanese government to the decision to prosecute those accused of atrocities in Darfur. By Nick Grono and Donald Steinberg (International Crisis Group, 3/7/07) |
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| Author says without amnesty, undefeated insurgents have no incentive to stop fighting, knowing that peace means prison. By Timothy William Walters. (New York Times, 8/12/2006) |
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| The author questions whether the arrest of Ratko Miladic, the Serbian general responsible for ethnic cleansing in Sarajevo and Srebrenica in the 1990's, is a fair price for Serbia's entry into the European Union. By Timothy William Waters. (New York Times, 5/12/2006) |
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