Corpus ID: 152708811

Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

@inproceedings{Elsea2007DeclarationsOW,
  title={Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications},
  author={Jennifer K. Elsea and Richard F. Grimmett},
  year={2007}
}
This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the… Expand

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References

SHOWING 1-10 OF 21 REFERENCES
Terrorism and the Law of War: Trying Terrorists as War Criminals Before Military Commissions
Abstract : The purpose of this report is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminalExpand
Natural Resources
TLDR
The Department of Natural Resources preserves, protects and enhances Missouri’s natural, cultural and energy resources and learns how to improve environmental protection by using new technologies and through better understanding. Expand
136 Pan Am, 505 F.2d at 1006. See also Kimmins Indus. Service Corp. v. Reliance Ins. Co., 19 F.3d 78
  • 136 Pan Am, 505 F.2d at 1006. See also Kimmins Indus. Service Corp. v. Reliance Ins. Co., 19 F.3d 78
  • 2001
Album Realty Co. v. American Home Assurance Co., 176 A.D.2d at 514, quoting Home Insurance Co
  • Album Realty Co. v. American Home Assurance Co., 176 A.D.2d at 514, quoting Home Insurance Co
  • 1989
Charles Scribner's Sons
  • Alexander, A History of American Foreign Policy
  • 1978
H.R
  • H.R
  • 1971
APPROVED
  • APPROVED
  • 1964
The House passed H.J.Res. 159 by a vote of 410-3 on January 25, 1955; the Senate passed the joint resolution by a vote of 85-3 on
  • The House passed H.J.Res. 159 by a vote of 410-3 on January 25, 1955; the Senate passed the joint resolution by a vote of 85-3 on
  • 1955
The House passed H by a vote of 88-2. This joint resolution was later repealed in
  • J.Res
  • 1145
...
1
2
3
...