Legality, Legitimacy and Justifications for Military Action Against North Korea

Brendan M. Howe & Jasper S. Kim

In the face of increasing tension between the U.S. and the DPRK, Howe and Kim's article questions the legality of U.S. military preemptive action in North Korea under international law and just war theory. Howe and Kim conclude that regardless of North Korea's legal status, the U.S. can neither justify preemptive military action under the U.N. Charter and other international laws, nor under the just war theory. © Brendan M. Howe & Jasper S. Kim 2005

The Demilitarization of Palestine: Lessons from the Japanese Experience

Jared Wessel

Wessel's article explores the possibility of establishing a sovereign demilitarized Palestine which can exist beside Israel by examining the lessons of Japan's demilitarization following the World War II. Wessel identifies and examines two possible legal obstacles to the establishment of a demilitarized state, evidenced by the Japanese experience: international prohibitions against the imposition of legal rules on occupied peoples and the right of collective self-defense. © Jared Wessel 2005

United State Obligations Under International Law and the Falun Gong v Jiang Zemin Lawsuit: A Justificed Reaction to a Threat to Public Security or Genocide? You Decide

Robert Bejesky

In 1999 the Chinese government banned the Falun Gong as an "evil cult" and organized a crack down of the organization. Bejesky's article explores the merits of a lawsuit filed by the Falun Gong under the Alien Tort Claims Act (ATCA). Bejesky discusses jurisdiction issues under international law and whether the alleged human rights violations of the Chinese government implicate universal jurisdiction. © Robert Bejesky 2005

Pritikin Prize
The Basis for Jurisidiction Over U.S. Sex Tourists: An Examination of the Case Against Michael Lewis Clark

James Asa High Jr.

High's paper explores the possible bases for U.S. courts to exercise jurisdiction over U.S. child sex tourists. After examining international law and Congress' commerce power, High determines that the Commerce Clause does not provide a sufficient basis for 18 U.S.C. § 2423(c). Rather, High finds that an international treaty, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, does provide Congress with the power to assert jurisdiction over U.S. child sex tourists. © James Asa High Jr. 2005

ON DISPOSABLE PEOPLE AND HUMAN WELL-BEING: HEALTHY, MONEY AND POWER

Berta Esperanza Hernández-Truyol

Historical papers viewed health as a fundamental right of human being, which provide the blueprint for claiming a right to health as central to human rights. The author specifically focuses on the effect of global gag rule on the disposable people and on HIV/AIDS services and treatments. This article suggests a worldwide model of health delivery pursuant to human right vision protection, which should include a broader range of health care services than South Africa. The delivery of health care services should aim to promote human flourishing and focus on the people, instead of money or politics.
© Berta Esperanza Hernández-Truyol