Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 4, No. 2, Fall

Consensus Decisionmaking in NATO: French Unilateralism and the Decision to Defend Turkey
On January 15, 2003, the United States formally requested that the North Atlantic Treaty Organization ("NATO") begin planning to defend one of its members, Turkey, from any counterstrikes launched by Iraq in the event of a war with Iraq.1 France, Germany,...
Economic Sanctions: Public Goals and Private Compensation*
I. ECONOMIC SANCTIONS IN THE ERA OF GLOBALIZATION: USE AND EFFECTIVENESSTwo seemingly contradictory trends-globalization, epitomized by the free flow of goods and capital across nations, and the frequent disruption of these free flows for foreign policy...
India's WTO Challenge to Drug Enforcement Conditions in the European Community Generalized System of Preferences: A Little Known Case with Major Repercussions for "Political" Conditionality in US Trade Policy
I. INTRODUCTION1The use of trade sanctions for broad foreign policy purposes has been a matter of longstanding controversy in the United States. Apart from questioning the effectiveness of such sanctions, and pointing out that they may have innocent...
It Ain't No TV Show: JAGs and Modern Military Operations*
Does art imitate life or does life imitate art? The popular television series JAG follows the life of several fictional Navy lawyers; the most interesting character is Harm, a former fighter pilot turned military lawyer, or Judge Advocate General ("JAG")....
Jurisdictional Wrangling: US Military Troops Overseas and the Death Penalty
The current deployments of military forces to Iraq and Afghanistan have caught the attention of the American public, but many Americans forget that large numbers of their fellow citizens are also stationed elsewhere around the world, serving in uniform....
Lawyering for Uncle Sam When He Draws His Sword
For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline,...
LBJ's Ghost: A Contextual Approach to Targeting Decisions and the Commander in Chief
I. INTRODUCTIONThe moral imperative and relevance of the Law of Armed Conflict ("LOAC") is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than...
Legal Support in War: The Role of Military Lawyers
War has existed since time immemorial. . . . When war was fought with stones and clubs, few rules were necessary and, of course, none existed. Nevertheless, the law of war is probably the oldest facet of international law . . . .1Today, of course, we...
Ou Est Votre Chapeau?: Economic Sanctions and Trade Regulation*
This article seeks to determine whether US economic sanctions can be maintained consistently with the obligations of the international trade regime. In Part I, it will consider the extent to which the current prevalence of economic sanctions may create...
Prevention of Maritime Terrorism: The Container Security Initiative
The United States has shifted away from reactive counterterrorism law enforcement methods towards more proactive techniques to fight international terrorism. This shift is a result of the changing nature of the terrorist threat overseas, against which...
Prologamena to Thinking about Economic Sanctions and Free Trade
Much has been written about economic sanctions, and even more has been written about free trade. Before delving into the relationship between these phenomena, it is prudent to clarify some concepts, identify some common pitfalls to understanding, and...
Special Forces' Wear of Non-Standard Uniforms*
In February 2002, newspapers in the United States and United Kingdom published complaints by some nongovernmental organizations ("NGOs") about US and other Coalition special operations forces operating in Afghanistan in "civilian clothing."1 The reports...
The Arab League Boycott and WTO Accession: Can Foreign Policy Excuse Discriminatory Sanctions?
I. INTRODUCTIONThe central principle of the General Agreement on Tariffs and Trade ("GATT"), now incorporated into the rules of the World Trade Organization ("WTO"), is the prohibition of discriminatory restrictions on international trade, with a particular...
The International Criminal Court and the Applicability of International Jurisdiction under Islamic Law
I. INTRODUCTIONCustomarily, globalization refers to the increasing activity of transnational actors and the resulting push for greater international legal harmonization to facilitate expanding business relations. But globalization could also refer to...
The Legality of Conditional Preferences to Developing Countries under the GATT Enabling Clause
An issue that has plagued the GATT/WTO system since its inception has been the question of how to handle the needs of both developed and developing countries in one coherent system. As developing countries make up approximately 75 percent of WTO membership,1...
The Role of the United States Military Lawyer in Projecting a Vision of the Laws of War
I. INTRODUCTIONOver the years dealing professionally with US military lawyers on matters of the laws of war, I have often been struck by the following disjunction.On the one hand, the public attitude of career US military lawyers who deal with matters...
Trade Controls for Political Ends: Four Perspectives
The prevailing view among commentators (if not among policymakers) is that economic sanctions are a bad idea-bad economics, bad politics, bad law. Just a few minutes in the library turns up articles and books such as Economic Sanctions: Obstruction or...
United Nations Sanctions after Iraq: Looking Back to See Ahead
I. INTRODUCTIONOn May 22, 2003, the United Nations Security Council voted 14-0 to adopt a US-sponsored resolution advocating the formal lifting of UN economic sanctions against Iraq. These measures, imposed with US sponsorship when Iraq invaded Kuwait...
View from the Legal Frontlines
Cicero said, "silent enim leges inter arma" which means in times of war the law falls silent.1 A judge advocate's primary mission is to prevent this from occurring. To accomplish this objective, the judge advocate performs a variety of functions including...
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