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Doctrine or Doctrinaire— The First Strike Doctrine and Preemptive Self-Defense Under International Law
Get PDFIn response to the post-9/11 security landscape, the Bush Administration proposed the“Bush Doctrine,” whose the central tenet is preemptive action, undertaken unilaterally, if necessary,against “hostile states” and terrorist groups alleged to be developing weapons of mass destruction.This Article develops a coherent statement of the Bush Doctrine and then reviews the legal andpolitical predicates to the war against Iraq, considered the Bush Doctrine’s first test case.Following this discussion, the Article examines the idea of preemptive self-defense in internationallaw. It next considers whether the U.S.-led war against Iraq satisfied the standard for preemptiveself-defense under international law. A meritorious claim of preemptive self-defense requiresestablishing an imminent threat that precludes the target of the threat from utilizing UNmechanisms. This Article argues that such a threat has yet to be established in the case of Iraq.While in theory the Bush Doctrine purports to provide security and spread the rule of law, inpractice it may have the opposite effect
BP Chemicals, Ltd. v. Jiangsu Sopo Corp.: Foreign Sovereign Immunity Act Makes Foreign States Immune from Due Process
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Globalization’s Unlikely Opportunist: Castro’s Cuba Shapes the Paradigm for Economic and Political Stability in Latin America
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Extradition and Article III: A Historical Examination of the “Judicial Power of the United States”
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UNCITRAL Model Law on Electronic Signatures of the United Nations Commission on International Trade Law
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A Journey into Cyberspace and Its Effect on the Right to Development
Get PDFThe Internet has the potential to be an instrumental tool in reporting human rights violations, enforcing the law, and implementing human rights protections. The nature of the Internet is such that it promotes anonymity, thereby allowing the release of information. While there are many obstacles that limit the use of the Internet, the potential is there for the Internet to assist in alleviating human rights abuses globally. This Comment focuses on the right to development, and how the Internet can support and enforce this right. Specifically, the Internet has opened channels for freedom of expression, a fundamental right to obtain any sort of development. Globalization of the world’s marketplace has expanded as the Internet has grown. Globalization has brought economic resources to some countries, and the result, economic success, has become a means for development. Lastly, international organizations, such as the U.N. and USAID, as well as nongovernmental organizations and multinational entities can play a significant role in bringing needed resources to developing countries to implement modern technology, which in return will have an impact on the promotion of human rights
Pushing the Limits of Democracy: U.K. Campaign Expenditure Restrictions Held to Violate the Right to Free Expression under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in Bowman v. United Kingdom
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