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Articles 1 - 19 of 19
Full-Text Articles in Law
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Notre Dame Journal of International & Comparative Law
There is an emerging consensus that the WTO is in grave need of institutional redesign. For the last fifteen years, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO’s function and purpose is and conceptualize what it should be. It would be more useful to know what is exactly at stake and what have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy …
Rising Together: Clarifying The International Environmental Marketing Claim Regulatory Landscape So That Developing Country Exporters May More Effectively Market Their Environmentally Responsible Products, Jeffrey J. Minneti
Notre Dame Journal of International & Comparative Law
No abstract provided.
Assessing The Relevancy And Efficacy Of The United Nations Convention Against Corruption: A Comparative Analysis, Ophelie Brunelle-Quraishi
Assessing The Relevancy And Efficacy Of The United Nations Convention Against Corruption: A Comparative Analysis, Ophelie Brunelle-Quraishi
Notre Dame Journal of International & Comparative Law
The United Nations Convention Against Corruption (adopted in 2003) is the first global in-depth treaty on corruption. This work attempts to assess its significance by analyzing its provisions, in particular, those concerning the areas of prevention, criminalization, and asset recovery. It then seeks to assess its relevancy and effectiveness by giving an overview of the UNCAC’s main compliance challenges, as well as other existing initiatives that tackle corruption. Two types of compliance challenges are suggested throughout this work: direct and indirect compliance challenges. Among direct compliance challenges are the treaty’s language, the existence of sanctions, and its monitoring mechanism. Indirect …
The Genocide Convention And Unprotected Groups: Is The Scope Of Protection Expanding Under Customary International Law?, David Shea Bettwy
The Genocide Convention And Unprotected Groups: Is The Scope Of Protection Expanding Under Customary International Law?, David Shea Bettwy
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editors, Trevor Jack, Jolie Schwarz
Letter From The Editors, Trevor Jack, Jolie Schwarz
Notre Dame Journal of International & Comparative Law
With the establishment of this journal, NDLS joins the ranks of dozens of top law schools with international law journals and we hope this journal will contribute to the development and appreciation of international, comparative and human rights law.
Human Rights Aspirations, Professional Obligations: Practitioner Survey On The Ethics Of Domestic Human Rights, Beth Lyon
Notre Dame Journal of International & Comparative Law
This article examines the little-explored ethical dimensions of an important trend toward the use of international law in U.S. civil rights and social justice advocacy. Internationalized civil rights work, described here as “domestic human rights,” is a growing practice area that plays out in a unique ethical context that has received little academic attention. An important first step toward generalizing about the ethical issues arising in domestic human rights advocacy is to learn about the current state of practice, and to begin that project, the author carried out an advocate survey. The goal of the survey was to gain insight …
What Nations Are Doing About Immigrant Workers In Downturn Economies: Examining And Comparing The Recent Treatment Of Immigrant Workers In The United States And Spain, María Pabón López
What Nations Are Doing About Immigrant Workers In Downturn Economies: Examining And Comparing The Recent Treatment Of Immigrant Workers In The United States And Spain, María Pabón López
Notre Dame Journal of International & Comparative Law
No abstract provided.
How Effective The International Criminal Court Has Been: Evaluating The Work And Progress Of The International Criminal Court, Moses Retselisitsoe Phooko
How Effective The International Criminal Court Has Been: Evaluating The Work And Progress Of The International Criminal Court, Moses Retselisitsoe Phooko
Notre Dame Journal of International & Comparative Law
There are serious challenges facing the International Criminal Court (ICC). Two of these hindrances are that: firstly, the ICC has been accused of only targeting the African continent; and secondly, the Rome Statute of the International Criminal Court (Rome Statute) has no enforcement mechanism against the state parties who refuse to cooperate with the court. In light of these challenges, the question is whether the ICC would be able to meet the expectations of the international community. The significance of this study is to contribute to the effort of making the ICC an independent, credible and effective tribunal to end …
Masthead Volume 1
Notre Dame Journal of International & Comparative Law
No abstract provided.
A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado
A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado
Notre Dame Journal of International & Comparative Law
Member States of the United Nations (U.N.) are responsible for taking appropriate measures to prevent, investigate, punish, and provide effective remedies for relevant misconduct of private military and security companies (PMSCs) and their personnel; their responsibilities fully remain, even if States have chosen to contract out certain security functions. The widespread outsourcing of military and security functions to private companies in situations of low-intensity conflicts, international relief, and contingency operations has been a major phenomenon in the past twenty years. The grave human rights violations in which they have been involved in Iraq and Afghanistan have been the focus of …
Realizing The International Human Right To Health For Non-Citizens In The United States, Eleanor D. Kinney
Realizing The International Human Right To Health For Non-Citizens In The United States, Eleanor D. Kinney
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Case Of Detainees Tortured In The Name Of National Security And The "War On Terror:" Are They Entitled To Reparations?, Julie Dubé Gagnon
The Case Of Detainees Tortured In The Name Of National Security And The "War On Terror:" Are They Entitled To Reparations?, Julie Dubé Gagnon
Notre Dame Journal of International & Comparative Law
Between 2001 and 2009, the United States of America (U.S.) allegedly committed acts of torture initiated at high levels of the government and carried out by the U.S. military, the CIA, and private contractors in territories under U.S. control (Guantanamo Bay, Iraq and Afghanistan), in secret prisons abroad allowed by a policy of extraordinary renditions. The grand majority of the torture victims are not U.S. citizens, nor residents of this country. This paper concludes that the alleged victims of torture have a right to reparations under international human rights law and that the U.S.’s responses to such allegations thus far …
Volume 2 Masthead
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Manasi Raveendran
Letter From The Editor, Manasi Raveendran
Notre Dame Journal of International & Comparative Law
No abstract provided.
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Journal Articles
This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Journal Articles
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …
Seductive Drones: Learning From A Decade Of Lethal Operations, Mary Ellen O'Connell
Seductive Drones: Learning From A Decade Of Lethal Operations, Mary Ellen O'Connell
Journal Articles
The world’s fleets of unmanned combat vehicles (UCVs) are growing exponentially. This contribution aims to raise awareness that the very existence of UCV technology may well be lowering the inhibitions to kill. At least two sets of data indicate a problem: First, we have evidence from psychological studies that killing at a distance using unmanned launch vehicles may lower the inhibition to kill on the part of operators. Second, we have a decade of evidence of US presidents deploying military force where such force was unlikely to be used prior to the development of UCVs. This evidence indicates that the …
The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
Journal Articles
Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004, the Supreme Court took …
The Self-Judging Wto Security Exception, Roger P. Alford
The Self-Judging Wto Security Exception, Roger P. Alford
Journal Articles
This Article analyzes the WTO security exception, with a particular focus on State practice. In the absence of any GATT or WTO jurisprudence, State practice affords the best vehicle to understand the meaning of Article XXI. In the few instances when invocation of the security exception has been challenged, State practice suggests that the security exception is not judicially reviewable.
A critical question emerges from this analysis of State practice. If a Member State can avoid WTO obligations through a self-judging security exception, what is to prevent bad faith invocations? The WTO regime includes a number of devices to address …