1. Islamic Law and the Right to Armed Jihad, by Fatemah Albader of Kuwait International Law School, at 569-605;

This paper discusses the Jus ad Bellum, the right to go to war, in Islam. In Islam, there is a right to both defensive and offensive wars. Contrary to much of the western thoughts that presuppose that Islam does not place limitations on the conduct of war, however, Islamic law does establish its own version of the law of armed conflict that has come about due to an understanding that, because Islam sanctions both offensive and defensive wars, the Muslim community must know how to properly conduct themselves during an armed conflict. In this day and age, war is inevitable. It is a norm and not an exception. It is bound to occur, and, thus, it should not come as a surprise that the international community has come to an understanding that regulating the actions that occur during armed conflicts are a much safer alternative than placing an outright prohibition on war. International humanitarian law developed in order to regulate the procedures of war and provide for a just war. In this regard, what Islam has to say about armed conflict is no different. Yet, there is much misconception in the world today that many of whom are interested in the study of Islam are prone to misguidance. There is a lack of discourse in the legal scholarship surrounding the concept of Jihad. While Islamic law does sanction the use of force, there are limitations to the use of such force, a point that is often missed in the legal discourse. The acts of non-state actors, such as Al-Qaeda do not reflect the views of Islam, which will be touched upon in this paper. To provide an accurate interpretation of Islam, this paper will aim to examine the question of when the law of Islam provides for a just war. By analyzing the various sources of Islamic law, with emphasis on the Quran, this paper seeks to provide readers with an accurate depiction of when Islamic law authorizes the right to go to war. 

Keywords: Islamic Law, Jihad, Humanitarian Law, Shariah, Islamic Jurisprudence.

2. U.S.  Policy on Human Trafficking: A Partial Solution for a Perplexing Global Human Rights Problem, by Madeleine Bailey of SMU Dedman School of Law, at 607-42;

The development of international law combatting human trafficking has been influenced—indeed, propelled—by the U.S. Department of State’s Trafficking in Persons (TIP) report. The TIP Report ranks countries of the world into three main tiered categories based on compliance with international human trafficking law. The U.S. imposes sanctions on countries failing to comply with certain defined “minimum standards.” This article argues that the U.S. Trafficking Victims Protection Act (TVPA) and corresponding Trafficking in Persons (TIP) Report provide valuable tools for measuring and responding to the global human trafficking problem despite criticism for alleged asymmetry with the international definition of human trafficking. This article provides a novel empirical analysis of data collected for the U.S. TIP Report compliance rankings, and investigates its application of anti-trafficking policy for consistency with international policy. Existing literature analyzing U.S. and global anti-trafficking policy for consistency focuses primarily on how international policy and U.S. policy define various trafficking offenses. This article argues that the definitions are consistent, and then adds a new facet to this analysis by examining not just definitional consistency, but consistency in application of anti-trafficking laws in the U.S. TIP Report. Ultimately, it concludes that the U.S. anti-trafficking legislation and sanctions regime is in accordance with international principles, and provides a valuable hard law contribution to a rights regime. Additionally, this article provides normative suggestions for improving the international compliance system administered by the United Nations Office of Drugs and Crime (UNODC). Such enhancements would provide the legitimacy of global consensus, and a framework upon which to build a multilateral sanctioning system to bring noncompliant States into conformity with global anti-trafficking law.

Keywords: International Law, Legal Compliance, Human Rights, International Law Making.

3. State and Religion Continuum in Indonesia: The Trajectory of Religious Establishment and Religious Freedom in the Constitution, by Ratno Lukito of The Faculty of Shariah and Law, State Islamic University Sunan Kalijaga, Yogyakarta, Indonesia, at 643-79;

For many post-colonial states, defining state identity is not a simple endeavor. In Muslim countries, secular nationalism, inherited principally from Western colonialism, has usually been in constant battle with theocratic-oriented political views derived from religious teachings. Moreover, in the case of Indonesia, the problem is not confined to the problem of how to liberate the newly independent state from the heritage of colonial philosophy but more on how to resolve the internal contest of values among themselves. Using historical approach, the paper tries to shed a new analytical light on the debate between Islamists and secularists in Indonesia seen particularly on the problem of defining the state and religion continuum and how it affects to the principles of religious establishment and religious freedom. Because the debate over the continuum continues to rage in the country, it is not possible to implement either pure secularism or pure theocracy in the constitution. The medial position taken by the state has resulted in the partial implementation of the principles of religious establishment and religious freedom, despite the fact that it is implemented to satisfy the two opposing groups in the context of the country’s changing political constellation. We might come to the understanding that the current definition of the two principles as understood in Indonesia has basically correlated with the dual identity the state has taken as its cherished principle in confront to the undying contestation between Islamists and secularists.

Keywords: Law and Religion, Secularism, Islam, Minorities Rights, Constitutional Law.

4. Uncooperative Cooperative Federalism: What U.S. State Sovereignty Hawks Can Learn from E.U. Immigration Enforcement, by Nathan H. Golden of the University of Iowa College of Law, at 681-706.

This article compares the U.S. and E.U.’s immigration enforcement regimes as a means of assessing the success of the commandeering doctrine. Under the commandeering doctrine, the federal government may not order around state or local officials, even in areas of exclusive federal jurisdiction. The doctrine is generally viewed as protecting state sovereignty at the expense of federal policy objectives. It has very recently become a hot topic in the context of immigration enforcement, though most academic research has studied it in other contexts. After considering the E.U.’s immigration enforcement regime—where member states are the main enforcers of union law—this article concludes that allowing states to take the lead in enforcement of U.S. immigration laws would not only be more effective, but it would also better preserve the sovereignty of those states by giving them more control.

Keywords: Immigration Law, Comparative Law, Sovereignty, Constitutional Law, Federalism.