Denver Journal of International Law and Policy

Periodical covering law and political science.

Articles from Vol. 34, No. 1, Spring

Evolving Practice in the Field: Informing the International Legal Obligation to "Protect"
I. INTRODUCTION This article highlights the need for greater scholarly and practitioner attention to what legal obligations "to protect" exist for a range of actors that are not States. The obligation to protect can be defined as a duty to maximize...
International War Crimes & Other Criminal Courts: Ten Recommendations for Where We Go from Here and How to Get There - Looking to a Permanent International Criminal Tribunal
INTRODUCTION I am especially pleased to participate in the 2005 Sutton Colloquium, "Protecting Human Rights: A Global Challenge." When Professor Nanda initially contacted me about this opportunity, we discussed what I might contribute and we decided...
Practicing What We Preach: Humane Treatment for Detainees in the War on Terror
I. INTRODUCTION As human beings we do not lose our legal and human personality because we are suspected of links to terrorism. We remain entitled to freedom from arbitrary detention, torture and inhuman treatment at all times and in all situations....
Soft Law for Solid Contracts? A Comparative Analysis of the Value of the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law to the Process of Contract Law Harmonization
I. INTRODUCTION The globalization phenomenon constantly confronts legislative bodies all over the world with one urgent question: How to draft new laws and adjust existing rules to secure their effectiveness in times of "global marketplaces" with...
The Global Challenge of Protecting Human Rights: Promising New Developments
I. INTRODUCTION The ongoing tragedy in Darfur (1) reminds us every day how enormous the challenge is at the international level to protect human rights of individuals and groups suffering from the excesses of tyrannical regimes. A similar grim situation...
The Prohibition of Torture: Absolute Means Absolute
I. INTRODUCTION Our values as a Nation, values that we share with many nations in the world, call for us to treat detainees humanely, including those who are not legally entitled to such treatment.... As a matter of policy, the United...
Wartime Detention of Enemy Combatants: What If There Were a War and No One Could Be Detained without an Attorney?
I. BACKGROUND On September 11, 2001, two aircraft hijacked by members of al Qaeda slammed into the World Trade Center in New York City. A third hijacked airliner hit the Pentagon, and a fourth plunged into a field in Pennsylvania after passengers...