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Presidential War Powers and Humanitarian Intervention
Get PDFDoes the fact that Article I, Section 8 of the United States Constitution reserves to Congress the authority to “declare war” mean that the president needs congressional approval before using military force? As this Article discusses, there are a range of answers to this question. The Article examines this debate in the context of humanitarian intervention, i.e. military actions taken, not for purposes of conquest, but instead to stop largescale, serious violations of human rights. If the president wishes to use the military for these purposes, should he have more authority under the Constitution to do so? Less? The same? What this Article suggests is that the concerns which drove the Founders to place limits on the President’s war powers, especially the fear that a glory-seeking chief executive would precipitously use the military in order to serve his own desire for fame, are not as serious when it comes to humanitarian intervention. Presidents are unlikely to significantly enhance their short-term popularity or historical legacies by using the military in this way. As a result, there is less reason to fear that they will be incautious in these situations. In addition, it is possible to establish standards by which to judge presidential action in this arena, placing another effective limit on the President. In light of the reduced risks, as well as the terrible costs of inaction in the face of grave human rights crises, we should accept some flexibility for the President to decide to intercede for humanitarian reasons
The Semisecret Life of Late Mao-Era International Law Scholarship
Get PDFThis Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine arts,” inter alia, although the distinction between scholarly and other types of activities is left entirely ambiguous under the legislation and the case law. In this particular context, Chiu signaled in 1966 what he might have meant by scholarly when he added the qualification to similar assertions from the past that Mao-era international law commentators exhibited “a lack of interest in original studies of international law problems,” suggesting that his definition of scholarly requires an element of originality and intellectual rigor concerning clearly identified problems. Whether the plain-language definition of scholarly contains such elements depends on which dictionary one consults. The Oxford English Dictionary refers to “learned, erudite” for its definition. The Cambridge English Dictionary defines scholarly as “containing a serious, detailed study of a subject,” which suggests the same type of study that a learned or erudite person would undertake. As this Article looks at U.S.based international law scholars, it might be helpful to look at U.S. dictionaries. The Merriam-Webster dictionary provides a similar definition as that of the Oxford English Dictionary— “of, characteristic of, or suitable to learned persons.” Collins Dictionary provides a first definition of “learned” and then a second of “having or showing much knowledge, accuracy, and critical ability.” Of course, accuracy might depend on the viewer’s perspective and the referent employed. Regardless, an amalgam of these definitions would include a large measure of detailed knowledge and serious independence in expressing that detailed knowledge, which presumably would create some form of originality in addressing the problem at issue. This Article uses all three elements—knowledge, independence and originality—to assess whether a particular Mao-era work between 1965 and 1979 represents a scholarly contribution. This is distinguished from non-scholarly contributions, which may relate to education but more closely resemble indoctrination and political propaganda
The Beauty of a Gesture: Integrating International Theatre Techniques into Hybrid Performance Art
Get PDFAn Experimental Test Examining Preferable Romantic Characteristics as Displayed Through Social Media
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