International Security Part 20

International Security Part 20

 

245

The Proliferation of International Nuclear Law’s Actors: Resolution 1540 and the Security Council’s Fight Against Weapons of Mass Destruction Falling into Terrorists’ Hands
B. Demeyere
Nuclear Law Bulletin
Volume 2005, Number 1, June 2005, Bulletin 75 p.35

LAW JOURNAL / LAW REVIEW

246

THE CONSTITUTIONALITY OF INTERNATIONAL DELEGATIONS
Edward T. Swaine
Columbia Law Review
Volume 104, Number 6, October 2004 p.1492

LAW JOURNAL / LAW REVIEW

Do assignments of legislative power to International institutions like the World Trade Organization and the UN Security Council infringe the U.S. Constitution? Recent scholarship takes two radically different views. One perspective contends that such delegations are constitutionally problematic, chiefly in terms of the nondelegation doctrine and federalism. But a second perspective suggests that these doctrines lack legal or normative salience. Delegations of legislative authority, for some, are functionally indistinguishable from any other kind of legislation; federalism, others argue, offers no advantages over managed decentralization. On either ground, the incongruity between the increasing use of international delegations and U.S. constitutional principles is resolved by dismissing constitutional considerations altogether. This Article favors neither perspective, and advances a new one. Some delegations of legislative authority do raise colorable constitutional issues. But the reasons why delegation analysis remains conceptually relevant-including the difficulty that any one nation has in controlling International institutions -indicate that such delegations actually serve other constitutional values, particularly the value federalism places on diffusing authority and creating checks on the power of the national government. That is, notwithstanding the adverse effects international institutions may have on the existing agents of U.S. federalism-the states-such delegations actually serve some of the same ends. After explaining this claim, and addressing other welfarist and democratic concerns, the Article closes by identifying types of international delegations that remain particularly problematic. The objective is to avoid any overbroad indictment of international delegations, without at the same time denying the continuing salience of constitutional values.

247

The Cybercrime Convention: A Pioneering Text of International Legal Scope
Edel O’Herlihy
Hibernian Law Journal
Volume 4, Number 1, Winter 2003 p.146

LAW JOURNAL / LAW REVIEW

The increasing technological sophistication of computers has spawned in recent times a growing concern at the dangers posed to online security by the new and accelerating phenomenon that is “cybercrime”. The contemporary construct that is “cyberspace”has facilitated the seamless transposition of traditional terrestrial crimes to the electronic frontier. Literature on the subject abounds with colourful depictions of the new cyber-criminals as electronic outlaws, teenage hackers, mercenary crackers, script-kiddies and cyber-warriors, to mention but a few. These cyber-miscreants have brought conventional crimes such as larceny, forgery and fraud to the Internet, which crimes have increased egregious potential due to the ability to commit them in a number of jurisdictions simultaneously within a very short period of time.

248

United States Hostility to the International Criminal Court : It’s All About the Security Council
William A. Schabas
European Journal of International law
Volume 15, Number 4, September 2004 p.701-720

LAW JOURNAL / LAW REVIEW

249

Conference Report “The (not so) Common European Foreign and Security Policy” Max Planck Institute for Comparative Public Law and International Law Heidelberg, Germany, 19-20 September 2003
Martin Reichard
German Law Journal
Volume 5, Number 2, February 2004 p.177-183

LAW JOURNAL / LAW REVIEW

250

Combatting Money Laundering and International Terrorism: Does the USA PATRIOT Act Require the Judicial System to Abandon Fundamental Due Process in the Name of Homeland Security?
Joan M. O’Sullivan-Butler
St. Thomas Law Review
Volume 16, Number 3, Spring 2004 p.395

LAW JOURNAL / LAW REVIEW

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Columbia Law Review, Due Process, International Criminal Court, International Security, International institutions.


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