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Full-Text Articles in Law
Friendship Treaties ≠ Judgment Treaties, John F. Coyle
Friendship Treaties ≠ Judgment Treaties, John F. Coyle
Michigan Law Review First Impressions
It is hornbook law that the United States is not currently a party to any treaty governing the enforcement of foreign judgments. At least, it was hornbook law until 1993. In that year, the U.S. Court of Appeals for the Eleventh Circuit adopted a novel interpretation of a provision in a bilateral treaty of friendship, commerce, and navigation ("FCN treaty") between the United States and Greece that transformed the treaty into a de facto judgments treaty. Two years later, in 1995, the Third Circuit adopted the same interpretation of an identical clause in the United States-Korea FCN treaty. Each of …
All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong
All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong
Michigan Journal of International Law
With respect to the protections afforded by the Geneva Conventions, a great deal of ink has been spilled in recent years over the two-tiered system of tribunals employed by the United States in its prosecution of enemy combatants in the “war on terror.” Less discussed, though, is the wholly separate two-tiered system for sorting violators of the Geneva Conventions that emerges from the very text of those agreements. This stratification is a function of the Conventions’ distinction between those who commit “grave breaches” and those who merely commit “acts contrary to the provisions of the present convention” or “all other …
Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link
Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link
Michigan Journal of International Law
This Note will examine theoretical problems in ICL and public international law by evaluating the practical implications of applying ICL sources to find criminal liability outside the narrow confines of the international tribunals. It will examine the problems posed by the conflicting standards of the Rome Statute and ICTY jurisprudence as a matter of customary international law, the failure of U.S. courts to effectively confront the contextual and doctrinal analysis necessary to determine the limitations of these sources, and the proper application of these sources to the issues raised in Hamdan II and Al Bahlul. Viewing ICL through the lens …
The Michigan Guidelines On The Exclusion Of International Criminals
The Michigan Guidelines On The Exclusion Of International Criminals
Michigan Journal of International Law
With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Michigan Journal of International Law
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …
International Law's Erie Moment, Harlan Grant Cohen
International Law's Erie Moment, Harlan Grant Cohen
Michigan Journal of International Law
The episode put the question starkly: Who fills the gaps in international law and how? A series of tribunals operating under Chapter 11 of the North American Free Trade Agreement (NAFTA) had adopted broader interpretations of vague treaty language than those recommended by the state parties. In response, government ministers from the three state parties, Mexico, Canada, and the United States, operating through the Free Trade Commission (FTC) established by the treaty, adopted "Notes of Interpretation" clarifying their view of the treaty's meaning. International tribunals are generally tasked with examining state practice, either to recognize rules of customary international law …
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
Michigan Journal of International Law
From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …