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Articles 1 - 30 of 36
Full-Text Articles in Law
Remarks As Delivered At Cornell University, William Jefferson Clinton
Remarks As Delivered At Cornell University, William Jefferson Clinton
Cornell International Law Journal
No abstract provided.
An Emerging Third Way - The Erosion Of The Anglo-American Shareholder Value Construct, Cynthia A. Williams, John M. Conley
An Emerging Third Way - The Erosion Of The Anglo-American Shareholder Value Construct, Cynthia A. Williams, John M. Conley
Cornell International Law Journal
No abstract provided.
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
Cornell International Law Journal
A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …
In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret
In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author proposes a critical & normative "representational theory" of what international criminals should be tried by in a hybrid tribunal framework that surpasses complementarity & primacy, & mitigates the lack of dimension in purely international or domestic trials. A discussion of universality issues regarding sovereignty & complementarity, & the complications of "ownership" in international crimes supports the assertion that the hybrid nature of the theory as a representation of crimes & acknowledgement of the affected communities. Comparative analysis between complementarity & hybridity are applied to the cases …
Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson
Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson
Cornell International Law Journal
No abstract provided.
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …
Milosevic And Hussein On Trial, Alfred P. Rubin
Milosevic And Hussein On Trial, Alfred P. Rubin
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses the difficulties of trying Saddam in the International Court of Justice (ICJ) at the Hague to argue that previous cases of genocide have resulted in the political strategy of exile or extermination. Four points that limit the possibilities for an ICJ trial are discussed, & the probable unjustness of the Iraqi Special Tribunal (IST) is related to the treatment of historical cases of Napoleon & Milosevic, & genocide criminals in the Rwanda & Nuremberg criminal trials. The author argues that the current position on genocide …
A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah
A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah
Cornell International Law Journal
Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …
Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace
Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace
Cornell International Law Journal
A comparative study of the duties & activities of Chief Justices indicates that there is considerable variability in the approach of Chief Justices to such things as judicial administration, oversight, & representation. Information was obtained from an informal survey of Chief Justices from 27 countries who were attending a June 2003 Conference of Chief Justices of Asia & the Pacific. Special attention is given to three key aspects of global judicial education: information transmission, training, & peer exchange. The survey responses indicated that Chief Justices encounter similar challenges & share common purposes; however, there are substantial differences in the extent …
Regulation Of Companies With Publicly Listed Share Capital In The People’S Republic Of China, Nicholas C. Howson
Regulation Of Companies With Publicly Listed Share Capital In The People’S Republic Of China, Nicholas C. Howson
Cornell International Law Journal
No abstract provided.
Dissecting In Re D-J-: The Attorney General, Unchecked Power, And The New National Security Threat Posed By Haitian Asylum Seekers, Judy Amorosa
Cornell International Law Journal
No abstract provided.
Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom
Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom
Cornell International Law Journal
No abstract provided.
The Demise Of Sport - The Effect Of Judicially Mandated Free Agency On European Football And American Baseball, Jesse Gary
Cornell International Law Journal
No abstract provided.
Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni
Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni
Cornell International Law Journal
Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the …
Intensified International Trade And Security Policies Can Present Challenges For Corporate Transactions, Harry L. Clark, Sanchitha Jayaram
Intensified International Trade And Security Policies Can Present Challenges For Corporate Transactions, Harry L. Clark, Sanchitha Jayaram
Cornell International Law Journal
No abstract provided.
The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly
The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly
Cornell International Law Journal
The Article, proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body ("AB") utilized an "evolutionary" methodology to interpret the conservation of "exhaustible natural resources" exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced ("PPMs") in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …
Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross
Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross
Cornell International Law Journal
Explores the opposing opinions of the Israeli Supreme Court & the International Court of Justice (ICJ) on the legality of the security fence constructed by Israel to prevent terrorist infiltration from the Palestinian territories. It is argued that the different conclusions of the two tribunals resulted from inadequate implementation of the legal norms by the ICJ. Difficulties arising from terminological differences between the Supreme Court's judgment & the ICJ opinion are pointed out, along with basic errors related to the ICJs conclusion that the fence was not a matter of self-defense but an issue related to the realization of political …
Beyond The Schoolyard: Workplace Bullying And Moral Harassment Law In France And Quebec, Rachel A. Yuen
Beyond The Schoolyard: Workplace Bullying And Moral Harassment Law In France And Quebec, Rachel A. Yuen
Cornell International Law Journal
No abstract provided.
Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson
Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson
Cornell International Law Journal
In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister …
Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian
Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the principle of international tribunality of jurisdiction is a form of globalization of international criminal justice that has the purpose of preventing the problems seen in the Iraqi Special Tribunal (IST) & the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, & prospective approaches to the system of international law concerning the prosecution & punishment of individuals questions whether the laws of the IST reflect the basic foundations of international criminal justice. The principles of the Criminal Justice System …
Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin
Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …
Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood
Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author questions the critiques of the Iraqi Special Tribunal (IST) to argue that the tribunal offers advantages of availability to citizens in location, language, & differences in legal categories that were not available to people in the former Yugoslavia & Rwanda trials. Language issues that have emerged in fact finding, establishing culpability, & barriers in witness interviews are described. The meaning of moral responsibility in terms of exculpatory evidence, & command responsibility are difficult to communicate or interpret. The advantages of local trials are the increased possibility …
The Icty Trials And Transitional Justice In Former Yugoslavia, Natasa Kandic
The Icty Trials And Transitional Justice In Former Yugoslavia, Natasa Kandic
Cornell International Law Journal
No abstract provided.
Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis
Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author explores the impacts of personality & courtroom conduct in trial outcome to argue that the likenesses between the two defendants will result in Saddam's projection of grand defiance. Biographical narratives of the two leaders trace the psychological development of each personality through childhood to their political careers characterized by defiant resistance & compensatory grandiosity that may be the source of the similarities of behaviors in the courtroom. Asserting that Saddam is following the Milosevic model of courtroom behavior by derailment of the proceeding, exploitation of the …
Prosecuting Saddam: The Coalition Provisional Authority And The Evolution Of The Iraqi Special Tribunal, Tom Parker
Prosecuting Saddam: The Coalition Provisional Authority And The Evolution Of The Iraqi Special Tribunal, Tom Parker
Cornell International Law Journal
No abstract provided.
Modes Of Participation In Mass Atrocity, Mark J. Osiel
Modes Of Participation In Mass Atrocity, Mark J. Osiel
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author addresses the choice between "command responsibility" & "participation in a joint criminal enterprise" in mass atrocity to argue that the International Criminal Tribunal on the former Yugoslavia (ICTY) makes liability under command responsibility too difficult to prosecute. Analysis of the incentives of prosecutors & the limitations of the binary character of liability delineates the difficulties of linking perpetrators & accessories. The US posture toward enterprise participation is discussed in terms of national versus international prosecutors & superior responsibility. A discussion of the domestic politics of international …
Former Heads Of State On Trial, Mikhail Wladimiroff
Former Heads Of State On Trial, Mikhail Wladimiroff
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author explores issues surrounding the development of accountability for violations of international humanitarian law for former heads of state & national leaders. Procedural issues faced in the creation of special courts, the functional responsibility of military & civilian superiors, & the development of immunity through previous trials are discussed. The trial issues that emerged from Milosevic's claim of illegality & self representation are discussed in terms of the expectations of the Hussein trial indictments & defense. The author asserts that both trials are in a midway stage, …
Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang
Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the Iraqi Special Tribunal (IST) can learn much from the successes & missteps of previous international criminal tribunals. Key lessons from the International Criminal Tribunal on the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), & the Special Court for Sierra Leone (SCSL) are comparatively discussed with statutes of the IST regarding issues of credibility, building prosecutorial strategy, challenges to legitimacy, limitations to the right of self representation, television presence, the role of observers, the Quoque defense, protection of court witnesses, judicial …
The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel
The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author continues a project of tracing the genealogy of "transitional justice" in an analysis of the trials of the two Presidents. The author argues that an intellectual genealogy of "transitional justice" is defined in terms of periods of political change, & the relation of legal development to distinct political phases in world history & various political purposes are contextualized in the history of responses to political conflict. Three historical phases of the genealogy place the trials in Phase III of transitional justice seeking responses associated with post-Cold …