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You are here: Volume 38, Issue 2

Like all constituted bodies of government, international organizations change over time—sometimes in profound and unexpected ways. Besides developing through the obvious mechanism of formal amendment by the constituent member states, these governance bodies can and do undergo a more autonomous kind of constitutional development—what might be called informal constitutional change…
Consider the following scenarios in which the United States government must establish a position on its legal authority to detain in a nontraditional conflict such as that with al Qaeda. First, envision exigent combat circumstances: U.S. military operatives find themselves confronting individuals connected to al Qaeda whom they would like…
Courts in countries as diverse as Uganda, India, South Africa, and Japan have regularly cited foreign and international law in their decisions, particularly when in the early stages of democratic transition. Other courts, in countries such as Taiwan and Hungary, also rely consistently on comparative sources, but are less likely…
In August 2011, gunmen burst through the doors of a casino located in Monterrey, Mexico, doused the premises with gasoline, and set it on fire. Five members of the Zetas drug cartel were arrested in connection with the incident, which killed fifty-two Mexicans. Although Mexican officials have traditionally rejected using…
In Passage Through the Great Belt, Finland requested the International Court of Justice to issue provisional measures preventing Denmark from constructing a bridge that could lead to an abridgment of Finnish ships’ rights of free passage through the Great Belt. The ICJ denied Finland’s request for interim orders, and in…
Reviewed in this issue: Dignity Rights: Courts, Constitutions, and the Worth of the Human Person. By Erin Daly. Reviewed by Allison Day. Cyber Warfare and the Laws of War. By Heather Harrison Dinniss. Reviewed by Robert Nightingale. Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons Under International…
The project of securing international criminal justice for the worst atrocities is approaching its seventieth birthday. At this milepost, it is worth looking back both on what international criminal justice has accomplished and what the United States has contributed to it. To use computer programming terminology, you may think of…