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enforcement and constitutionality of the statute. Nonetheless, courts have dismissed cases regarding the War Powers Resolution claiming it is of a solely political nature i.e. a political question. The ... assignment of constitutional war powers authority to the branches. In Zivotofsky v. Clinton, the Supreme Court held that the political question doctrine cannot be applied to cases regarding statutory and
this torture program became public knowledge in 2004 with * Dr. Jessica Wolfendale is Professor of Philosophy at Marquette University. Email: . Website: https://philpeople.org /profiles/jessica ... -wolfendale [https://perma.cc/GP29-FGSD]. This paper benefited greatly from feedback from the audience at the Marquette University Philosophy Department Weekly Seminar Series, and from participants in the Women
universal jurisdiction and the rationale behind its use. Part II then turns to examining universal jurisdiction in practice, pointing out some of the political, economic, and other challenges that help to ... have invoked universal jurisdiction only against “low-cost” defendants.50 Many have remarked that universal jurisdiction has been rarely, if ever, invoked against senior political leaders.51 Maximo
: issues of legality, including the relevance of “Uniting for Peace” as institutional precedent, questions of effectiveness, as well as consideration of political feasibility. It argues that there is space ... organs can deal with situations in parallel. not lie within the UN system, but rather in external factors, and that they are often more political than legal.29 It cautions at the same time against
, Political-Military Affairs, and European Affairs. This essay is adopted from a presentation prepared for the Frederick K. Cox In ternational Law Center Conference, 3“International Law and the New Cold War ... explaining that the overall political dynamics of the old Cold War are similar only in limited ways to the dynamics of the situation that we are likely to face in the years ahead. As discussed in Part II
in Greece, President Truman announced the Truman Doctrine, which committed the United States to provide political, military and economic assistance to any democratic nation under threat from communist ... tried to prevent that expansion.14 The East and West were engaged in a cold war that, while it never resulted in direct conflict between the superpowers, was marked by political struggle, espionage
armed force by a state against the sovereignty territorial integrity or political independence of another state.24 It is crystal clear in this instance that Russia has used armed forces against the ... sovereignty, territorial integrity, or political independence of Ukraine. It also appears that Russian troops have committed war crimes such as, for example, crimes of sexual violence, torture, other
inviolability, territorial integrity, political independence, and autonomy.1 Although such notions have been challenged or at least qualified in prior situations – notably the American approach to the second war ... power standing over the states) — the superpower of the West. It must be returned to its natural boundaries and deprived of political functionality. To this end, tracking Moscow’s talking points
the United 3. 4. 5. 6. 7. MATT SCHRADER, FRIENDS AND ENEMIES: A FRAMEWORK FOR UNDERSTANDING CHINESE POLITICAL INTERFERENCE IN DEMOCRATIC COUNTRIES 7 (2020), https://securingdemocracy.gmf us.org/wp ... -content/uploads/2020/05/Friends-and-Enemies-AFramework-for-Understanding-Chinese-Political-Interference-inDemocratic-Countries.pdf [https://perma.cc/84HA-LC72]. See infra Part II. See V-DEM INST
political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”). the Russian Federation against Ukraine [which it declared to be] in violation of Article 2 ... aggression applies to persons “in a position effectively to exercise control over or to direct the political or military action of a State.” Rome Statute, supra note 11, art. 8bis, ¶ 1. The determination of
Chief Justice Marshall addressed the issue with his characteristic political intuition.52 Aware that recognizing 47. See The Schooner Exch. v. M’Faddon, 11 U.S. (7 Cranch) 116 (1812). 49. The Schooner ... Marshall and his Papers–A Review Essay, 48 AM. J. LEGAL HIST. 315, 323 (2006) (“[Marshall] had tremendous political M’Faddon’s property interest in the vessel could spark a diplomatic backlash against the
. My observation is that he is right. In attending this conference, you are way ahead of the general public, way ahead of our political class. Humanitarian law after making broad advances at the turn of ... accountability for war crimes and failing to investigate and act on the domestic political factors giving rise to terrorism. To illustrate the extent of the regression, I will recall how IHL functioned just a few
). Aggression is defined in the International Criminal Court’s Rome Statute as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State ... , territorial integrity, and political independence of Ukraine, starting on February 24, 2022. Thus, Russia has committed the act of aggression against Ukraine. The Ukrainian government has repeatedly called for
1945 to 1991 on political, economic, and propaganda fronts with fighting confined to conventional weapons between proxy nations and insurgent groups. Cold War International Politics, BRITANNICA, https ... Security Council authorization would not violate Article 2(4) of the UN Charter because that provision only prohibits the use of force that is “against the territorial integrity or political independence of
Education The International Political Science Association (IPSA) has recognized over 50 Research Committees (RCs). Between World Congresses, the research committees – largely as a result of the rapid growth
political appointee, the Attorney General can refer any case to himself or herself at their discretion and overturn years of precedent. In doing so, the Attorney General interferes with the case-by-case ... Constitution. It is unwise to let a political authority hold so much power over immigration decisions and intrude on the independence of the immigration system. Decisions like Matter of A-B- illustrate how the
, especially at the national level, before engaging in such adjudication. Although this may seem intuitive, it is not current practice. Rather, pursuant to the “antiimpunity agenda,” political and legal actors ... Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism, 31 HUM. RTS. Q. 624, 648 (2009) (“As an immediate reaction to the [Bashir] arrest warrant, the Sudanese government
-Restoration [https://perma.cc/XEP9-RVSL] (“[T]he Meiji Restoration of 1868 came to be identified with the subsequent era of major political, economic, and social change—the Meiji period (1868–1912)— that ... of academic articles—blossomed into a legal and political campaign to compensate Taiwanese veterans.23 Miyazaki helped engineer a lawsuit that focused attention on Japan’s failure to compensate its war
. has shown it does not have the political space to fulfil the ideas of its original charter[.] A lot of time now, the U.N.’s role has been reduced to geopolitical ambulance-chasing.”2 Addressing the ... assistance in 24 hours if necessary, even weapons, if necessary. Sanctions, humanitarian support, political support, finances, everything you need to keep the peace and quickly save the world, to save lives
technologically advanced and lay claim to the final frontier.12 Due to the political pressure exerted by the United 9. Space Law, supra note 3. 10. See Lewis Pinault, Towards a Space Agency: Operational Successes ... – which could evidence an unfavorable political climate for signing the Artemis Accords or an environment that simply favors bilateral agreements over multilateral treaties.49 Therefore, to foster an
