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Volume 50, Cwru Journal Of International Law Jan 2018

Volume 50, Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly Jan 2018

Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly

Case Western Reserve Journal of International Law

The article focuses on developments in international criminal law in addressing corporate human rights violations.


Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus Jan 2018

Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus

Case Western Reserve Journal of International Law

An introduction to the journal is presented.


Civil Litigation In Response To Corporate Human Rights Abuses: The European Union And Its Member States, Jonas Grimheden Jan 2018

Civil Litigation In Response To Corporate Human Rights Abuses: The European Union And Its Member States, Jonas Grimheden

Case Western Reserve Journal of International Law

The article assesses the barriers that victims of human rights abuse involving companies face in accessing effective judicial remedies in the European Union.


2018 Klatsky Endowed Lecture In Human Rights: The International Law Commission's Proposal For A Convention On The Prevention And Punishment Of Crimes Against Humanity, Sean D. Murphy Jan 2018

2018 Klatsky Endowed Lecture In Human Rights: The International Law Commission's Proposal For A Convention On The Prevention And Punishment Of Crimes Against Humanity, Sean D. Murphy

Case Western Reserve Journal of International Law

Sean D. Murphy gives the Klatsky Endowed Lecture on Human Rights, describing his efforts at the International Law Commission to bring about an international Convention on Crimes Against Humanity


Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn Jan 2018

Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn

Case Western Reserve Journal of International Law

Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …


Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb Jan 2018

Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb

Case Western Reserve Journal of International Law

The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.


Tearing Down The Wall Between Refugee And Gang-Based-Asylum Seekers: Why The United States Should Reconsider Its Stance On Central-American Gang-Based Asylum Claims, Katelyn Masetta- Alvarez Jan 2018

Tearing Down The Wall Between Refugee And Gang-Based-Asylum Seekers: Why The United States Should Reconsider Its Stance On Central-American Gang-Based Asylum Claims, Katelyn Masetta- Alvarez

Case Western Reserve Journal of International Law

Gang violence is plaguing El Salvador, Guatemala, and Honduras. Murder, sexual violence, and other major human rights violations committed by gang members has forced countless people to seek protection in surrounding countries...


Masthead, Volume 50 (2018) Jan 2018

Masthead, Volume 50 (2018)

Case Western Reserve Journal of International Law

No abstract provided.


Keynote Lecture: International Human Rights: Need For Further Institutional Development, Judge Thomas Buergenthal Jan 2018

Keynote Lecture: International Human Rights: Need For Further Institutional Development, Judge Thomas Buergenthal

Case Western Reserve Journal of International Law

No abstract provided.


The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale Jan 2018

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale

Case Western Reserve Journal of International Law

The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.


Brand As Information Intermediary, Kishanthi Parella Jan 2018

Brand As Information Intermediary, Kishanthi Parella

Case Western Reserve Journal of International Law

The article describes the function of transnational corporations in many global supply chains as information intermediaries, which carries with it responsibilities and opportunities for incentivization.


Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio Jan 2018

Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio

Case Western Reserve Journal of International Law

The article discusses issue of corporate liability under the U.S. Alien Tort Claims Act.


The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle Jan 2018

The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle

Case Western Reserve Journal of International Law

The article considers the apparent disjunction between the Court's effective limitation of liability for the U.S. corporation and expansive liability for the natural person for similar crimes. Topics include Jus Cogens claims against corporations; court cases Jesner v. Arab Bank, PLC and Kiobel v. Royal Dutch Petroleum Co. on the same; and Alien Tort Statute on the same.


A Human Rights Perspective On Professional Responsibility In Global Corporate Practice, David Nersessian Jan 2018

A Human Rights Perspective On Professional Responsibility In Global Corporate Practice, David Nersessian

Case Western Reserve Journal of International Law

The direct applicability of human rights law to the attorney-client relationship has serious implications for ethical corporate governance. In addition to creating criminal and civil risks for lawyer and client alike, the specter of human rights violations in business dealings gives rise to myriad ethical questions for corporate lawyers to consider and resolve. These include matters such as the legitimate object and scope of corporate representation, conflicts of interest, duties to withdraw, and matters of competence and communication in corporate governance. They also raise questions of professional secrecy and whether ethical codes permit (or even require) lawyers to reveal confidential …


Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer Jan 2018

Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.


Talking Foreign Policy: Jesner V. Arab Bank, Michael Scharf, Et Al. Jan 2018

Talking Foreign Policy: Jesner V. Arab Bank, Michael Scharf, Et Al.

Case Western Reserve Journal of International Law

No abstract provided.


If It Looks Like A Duck: Reining In Private-Military Contractor Conduct Through The Amended Ucmj, Michael Anderson Jan 2018

If It Looks Like A Duck: Reining In Private-Military Contractor Conduct Through The Amended Ucmj, Michael Anderson

Case Western Reserve Journal of International Law

Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …


Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze Jan 2018

Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze

Case Western Reserve Journal of International Law

Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …


"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade Jan 2018

"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade

Case Western Reserve Journal of International Law

In the 2014 monumental court decision S.A.S. v. France, the European Court of Human Rights ruled that the French law banning both burqas and niqabs in public spaces was justified. The Court based this justification on the concept of "living together," stating this newly-created concept allowed limitations on certain rights, such as the freedom of religion. With this decision, the Court vacated precedent which used a balancing test to weigh exceptions, such as national security in very narrow situations, against the limitations on individual freedoms. The new "living together" test is extremely farfetched, vague, and controversial. This Note discusses the …