Volume 34 - Issue 4 Fordham International Law Journal

“Land is Life, Land is Power”: Landlessness, Exclusion, and Deprivation in Nepal

This Report represents the culmination of a project undertaken by the Leitner Center for International Law and Justice at Fordham University School of Law between 2008 and 2010 to study land rights in the international human rights framework and to consider the impact of inequitable access to land in Nepal. This Report presents the findings [...]

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A Home in the City: Women’s Struggle to Secure Adequate Housing in Urban Tanzania

This Report represents the culmination of a year-long project undertaken by the Leitner Center for International Law and Justice at Fordham University School of Law to study women’s access to adequate housing in urban Tanzania and their experiences of informal settlements in light of Tanzania’s international commitments. Despite national and local government efforts, both independently [...]

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The International Legal Right to Individual Compensation in Nepal and the Transitional Justice Context

Transitional justice is premised on the notion that a society cannot have closure—and subsequently progress—unless it addresses the problems of its past. To achieve these goals, transitional justice offers a range of mechanisms through which a state can provide truth and justice to victims of human rights violations. One such mechanism is individual compensation. This [...]

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Mediation to Resolve the Bedouin-Israeli Government Dispute for the Negev Desert

This Note examines whether the Negev Bedouins and the Israeli government should pursue mediation to resolve their land dispute, given that the existing power imbalance begs the question of whether reaching a fair settlement is possible. For insight into the use of mediation for parties that have a deep-rooted power imbalance, this Note draws on [...]

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The Mexican Drug War: The Case for a Non-International Armed Conflict Classification

Part I examines the current applicable legal standards and definitions for classifying a Non-International Armed Conflict. In addition, Part I provides the historical legal background of the laws of war and how they developed over time in order to accommodate the changing landscape of hostilities and how they were waged in light of newly emerging [...]

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Nonproliferation and the Comprehensive Test Ban Treaty

The United Nations General Assembly adopted the CTBT in September 1996 by a vote of 158 to 3 (Bhutan, India, and Libya), with five abstentions (Cuba, Lebanon, Mauritius, Syria, and Tanzania). As of November 2010, the CTBT claims 182 signatures and 153 ratifications. States that have ratified have effectively signaled that the verification of the [...]

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Taking the Law Seriously: The Imperative Need for a Nuclear Weapons Convention

Jonathan Swift famously said, “Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.” Swift was no doubt referring to the propensity of the law to shrink from prosecuting the lords of the realm, while going vigorously after smaller fry. But his aphorism applies equally to issues: the more [...]

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Obama’s Nuclear Posture Review: An Ambitious Program for Nuclear Arms Control But a Retreat from the Objective of Nuclear Disarmament

This Essay proceeds in three Parts. Part I describes the effects of nuclear weapons and the many calls in recent years from across the political spectrum for the abolition of nuclear weapons, including such calls by President Obama both as presidential candidate and as president. Part II describes the Obama NPR and the many respects [...]

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Nuclear Weapons Compliance with International Humanitarian Law and the Nuclear Non-Proliferation Treaty

This Article addresses the requirements of International Humanitarian Law and the Non-Proliferation Treaty and applies those requirements to contemporary state practice. It discusses IHL in Part I and the NPT in Part II. The result, the Article concludes, is that such practice falls far short of the legal requirements. In short, review of the matter [...]

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