Law Commons^™

Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller

Scholarly Articles

The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …

A Game Theoretic Analysis Of International Justice Disputes, Mishal Ayaz

Lawrence University Honors Projects

This paper works toward analyzing international justice disputes, through a game theoretic lens. The result of such an analysis is an accurate working model for the international justice dispute resolution process, limiting its scope to those disputes that fall under the International Court of Justice’s jurisdiction post 1986. This time limitation on the explanatory power of the model was deduced from all of the court’s findings since its inception. The game can be formed in four ways: perfect information, incomplete information, no information, and partial information, all of which have their own unique equilibria, which are formed and discussed individually.

Nuclear Weapons, Elephants, Israel And The World Court, James J. Friedberg

Faculty & Staff Scholarship

No abstract provided.

Special Report: Kosovo After The Icj Opinion, Introduction, Ronald A. Brand

Articles

On October 22-25, 2012, judges, government officials, and scholars from Kosovo and the United States gathered at the University of Pittsburgh for a conference on “Kosovo after the ICJ Opinion.” The conference was organized by the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law, and the University of Prishtina Faculty of Law. It was co-sponsored by the Ministry of Justice, Kosovo; the Ministry of Foreign Affairs, Kosovo; the Forum for Civic Initiatives, Kosovo; the American Society of International Law (ASIL); and the Center for Russian and Eastern European Studies at the University of Pittsburgh …

The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito

Pace International Law Review Online Companion

No abstract provided.

Introductory Note To International Court Of Justice: Decision On The Request For Interpretation Of The Avena Judgment, Chiara Giorgetti

Law Faculty Publications

On 19 January 2009, the International Court of Justice ("ICJ" or "the Court") issued its Judgment On the Request for the Interpretation of the Avena Judgment ("Judgment") denying Mexico's request for interpretation, and holding that the matters claimed by Mexico "are not matters which ha[d] been decided by the Court in its Judgment," and thus could not give rise to an interpretation as requested by 2Mexico.' This is probably the last step in a complex and lengthy litigation between Mexico and United States,2 which began on January 9, 2003, when Mexico instituted proceedings at the ICJ against the U.S. for …

Islamic Law In The Jurisprudence Of The International Court Of Justice: An Analysis, Clark B. Lombardi

Articles

This Article asks whether ICJ opinions to date suggest that judicial consideration of Islamic legal norms has played, can play, or should play a role in the ICJ's resolution of international legal disputes or in establishing the legitimacy of the results that it has reached. It is structured as follows. Part II gives an initial overview of the ICJ to help us understand how and why judges on the ICJ have reached the answers they have. Part III describes how the ICJ's enabling statute permits the Court, at least in theory, to look at Islamic legal norms. As I will …

The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer

Faculty Scholarship

The particular focus of the comparison in this Essay is the relationship of the Reagan Doctrine and the Bush Doctrine to the international law on the use of force. This comparison will yield some tentative conclusions about the consequences of the United States serving, in some senses, as the world's sole superpower.

U.S. Bombing Of Afghanistan Not Justified As Self-Defense Under International Law, Leslie Rose

Publications

The United States military strikes against Afghanistan cannot be justified as self-defense under the United Nations Charter or customary international law. There is insufficient evidence of an armed attack by the state of Afghanistan and the strikes have been neither necessary nor proportional.

The Return Of The Standard Of Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles

Cornell Law Faculty Publications

This article draws upon one year of ethnographic research at United Nations conferences to challenge some common academic assumptions about what it means to "do" international law. The article compares the work of academic international lawyers - founded in making models of an international system - to the work of practitioners - exemplified by the work of making documents, and demonstrates the particular, peculiar nature of each kind of knowledge, from the point of view of the observer. This leads to a set of conclusions concerning how an academic study of international law influenced by an appreciation of the particularity …

From Stockholm To Kyoto And Back To The United States: International Environmental Law's Effect On Domestic Law, Joel B. Eisen

Law Faculty Publications

In Part I, I begin my discussion of the relationship between the two legal regimes with a brief introduction to modern international environmental law to assist those whose knowledge is as limited as mine was not too long ago. I also describe how the Allen Chair Symposium and seminar series was designed to facilitate exploration of major trends in international environmental law. Part II provides a more in-depth look at the specific relationship between domestic and international environmental law. I conclude that international environmental law informs domestic law as a wellspring of law leading to domestic innovation, a complement to …

The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy

Publications

No abstract provided.

International Law And External Threats To National Parks, Daniel Barstow Magraw

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

41 pages.

Contains references.