Law Commons^™

The Seizure Of Noreiga: A Challenge To The Ker-Frisbie Doctrine, Kristin T. Landis

American University International Law Review

No abstract provided.

The Security Council Blockade Of Iraq: Conflicting Obligations Under The United Nations Charter And The Fourth Geneva Convention, Michael R. Skiaire

American University International Law Review

No abstract provided.

The Argument Against International Abduction Of Criminal Defendants: Amicus Curiae Brief Filed By The Lawyers Committee For Human Rights In United States V. Humberto Alvarez-Machain, Ruth Wedgwood

American University International Law Review

No abstract provided.

Limitations On The Right Of Japanese Employers To Select Employees Of Their Choice Under The Treaty Of Friendship, Commerce And Navigation, Robert Abraham

American University International Law Review

No abstract provided.

The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul

American University International Law Review

No abstract provided.

Tourists Have No Shame: Curbing Child Sex Tourism And Prosecuting Child Sex Tourists In Thailand, The United States, And Internationally, Emily Naser-Hall

Emily Naser-Hall

No abstract provided.

The Ambiguity Of Cyber Attacks In International Law, Anthony Rodin

Anthony Rodin

A new family of weaponry has manifested itself in recent years in the realm of cyberspace. Though they rarely cause physical damage, cyber attacks can have debilitating effects on their targets and are becoming more common. As the weapons become more advanced and destructive, their legitimacy vis existing jus in bello and jus ad bellum international law regimes remains unclear. Attempts to rectify this problem are either overbroad or simply impossible. This article reviews the history and development of cyber attacks and the responses they have triggered. It argues that cyber attacks are sui generis weapons and should not be …

The Future Of The International Climate Change Regime And Potential Impacts On States That Might Require A Domestic Legal Response: A Reflection Based On Scenarios, Javier De Cendra De Larragán

Javier de Cendra de Larragán

This paper reflects on the potential usefulness of scenarios to facilitate thinking on the evolution of international climate change law in the next twenty years. One possible application of this tool is to help identify potential impacts stemming from international climate change law upon a number of key areas of interest for national governments that might require a legal response. While the paper does not build complete scenarios, it does perform a ‘state of science’ review that can pave the way for the development of scenarios. On the basis of that review, covering an analysis of scenarios prepared within other …

International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish

Varun Vaish

The regulation of transnational corporations (TNCs) by an international legal order fundamentally centred on states proves to be difficult when they exercise political influence and have the ability to generate revenue which can eclipse the economies of many countries in comparison. According to the World Investment Report 2007, as of 2006 there were 78,411 parent corporations and 777,647 affiliates worldwide.4 The scale of the concentration of economic power is illustrated by the statistics: of the world’s hundred largest economic entities, 51 are multinational companies and 49 are nation states. The Texaco Corporation functioned for years in Ecuador with annual global …

Transitional Justice In Kenya, Thomas O. Hansen Dr

Thomas O. Hansen Dr

This article explores how domestic politics have shaped the process of seeking accountability for Kenya’s 2008 post-election violence as well as the impact the accountability process has had on the political landscape and more broadly security in the country. It is argued that the absence of a profound political transition has caused significant resistance to establishing accountability measures. However, due to the existence of the International Criminal Court, there are now prospects that the masterminds of the electoral violence will be brought to justice, something which has a significant impact on succession politics and security in the country.

How The Second Circuit Eviscerated The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Scott E. Allbright Jr

Scott E Allbright Jr

No abstract provided.

Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David R. Hansen

David R Hansen

Contemporary International Law Issues In The Asia Pacific: The Importance And Challenge Of The Difference Between Principles And Rules In International Law, David D. Caron

David D. Caron

No abstract provided.

“Megatons To Megawatts:” A Mega-Player Of Us Nuclear Enrichment, Christodoulos Kaoutzanis

Christodoulos Kaoutzanis

Since the mid-1990s, a majority of uranium used in the production of electricity in the United States comes from decommissioned Russian nuclear warheads. The “Megatons to Megawatts” (‘MtM’) Agreement, signed by the United States and the Russian Federation, heralded a new era of cooperation in nuclear deterrence. It also had an unprecedented influence on the market for nuclear fuel in the United States. This article focuses on the impact this agreement has had on the market for nuclear fuel, which will definitely outlast the MtM Agreement that is scheduled to expire in 2013. In clarifying this largely unknown element of …

Remedial Secession: What The Law Should Have Done, From Katanga To Kosovo, Thomas W. Simon

Thomas W Simon

In considering Kosovo’s secessionist claims, the International Court of Justice missed a rare opportunity to make a difference. It should have set forth the grounds for granting secession within international law. This Article does not provide yet another doctrinal analysis. Instead, it takes a normative, exploratory route, laying out what the grounds for secession should be and how they should be adjudicated. It defends a refurbished Remedial Model, which provides a morally and legally justification for secession as a last resort remedy for injustices.

The Remedial Model requires a three step inquiry, one relational and two status determinations. First, does …

Antitrust In The Skies: The United And Olympic Airline Mergers, Justin Dickerson

Justin Dickerson

This Article explores the 2010 merger of United Airlines and Continental Airlines—which usurped Delta’s briefly-held title as the world’s largest airline—as well as the failed merger of Greece’s two largest airlines, Olympic Air and Aegean Airlines, and the antitrust considerations associated with each of these transactions. Part II of this Article details the United and Continental merger, explaining pertinent portions of each airline’s corporate history over the past 10 years, which has included multiple other unsuccessful merger attempts. Next, Part III describes the circumstances surrounding the failed combination of Olympic and Aegean, including the role the Greek financial crisis played …

“Charitable” Discrimination: Why Taxpayers Should Not Have To Fund 501(C)(3) Organizations That Discriminate Against Lgbt Employees, Austin R. Caster

Austin R Caster

Until now, the first amendment protection of religious liberty has allowed—and even publicly funded—discrimination against LGBT employees, but this article argues that Christian Legal Society v. Martinez changes that analysis. According to Bob Jones University v. United States, organizations that base admissions decisions on racial discrimination violate public policy and cannot receive taxpayer funding. Similarly, Christian Legal Society v. Martinez shows us that universities do not have to fund student organizations that discriminate on the basis of sexual orientation. Therefore, because discrimination based on an immutable minority trait bars taxpayer funding in one instance, this article argues it should also …

Why Europe Should Say No To The Proposed Framework Of Economic Governance: A Legal And Policy Analysis In Light Of The Establishment Of The European Stability Mechanism And The Euro Plus Pact, Vasileios Paliouras

Vasileios Paliouras

The eurozone sovereign debt crisis, despite all the pain and suffering that has caused to the peoples of the affected countries of the European periphery, has the potential to serve the purpose of European integration, if the right signals are transmitted to the political establishment of Europe. Clearly, the crisis has challenged the basic premise that underpinned the creation of the Economic and Monetary Union (EMU), namely that coordination of economic policies would be enough to safeguard the consensus over the common currency. During the last year the leaders of eurozone Member States have taken unprecedented action to make up …

Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

Forum selection clauses (“FSC”) are very common in both domestic and international contracts. In Bremen v. Zapata Off-Shore Company (“Bremen”), 407 U.S. 1 (1972), the Supreme Court established basic standards for the enforceability of such clauses. Relying on Bremen standards, courts today generally enforce FSC. However, the vagueness of Bremen standards leaves room for a party to resist enforcement. The result may be delay and inefficiency. The Supreme Court has said that arbitration clause is a form of FSC, but it has applied different standards for the enforcement of arbitration clauses from FSC. This article argues for a reformulation of …

Winning At The Expense Of Law: The Ramifications Of Expanding Counter-Terrorism Law Enforcement Jurisdiction Overseas, Tyler Raimo

American University International Law Review

No abstract provided.

Challenging The Global Structure Through Self-Determination: An African Perspective, David Katona

American University International Law Review

No abstract provided.

Privatization As An International Phenomenon: Kazakhstan, Yuilya Mitrofanskaya

American University International Law Review

No abstract provided.

Ethical Issues In International Legal Education, José Antonio Viera-Gallo

American University International Law Review

No abstract provided.

From Legal Transplants To Transformative Justice: Human Rights And The Promise Of Transnational Civil Society, Julie Mertus

American University International Law Review

No abstract provided.

Determinations Of Adequacy In Sunset Reviews Of Antidumping Orders In The United States, Peter A. Dohlman

American University International Law Review

No abstract provided.

The Criminalization Of The Proliferation Of Nuclear Weapons: Providing A Statutory Regime To Criminalize And Prosecute Nuclear Weapons Proliferators., Patrick A. Mcdade

Patrick A. McDade

This article suggests that the current nuclear non-proliferation regime is no longer effective due to a failure to disincentivize the leadership and regime elites who make policy decisions regarding nuclear weapons programs. To counter this problem, the article then proposes two international statutory schemes for the criminalization of the proliferation of nuclear weapons. The first proposal is a draft resolution by the United Nations Security Council that would create an international tribunal to investigate and punish acts of nuclear weapons proliferation. The second proposal consists of draft amendments to the Rome Statute of the International Criminal Court that would extend …

International Media Law Reform And First Amendment Agnosticism: Review Of Lee Bollinger’S Uninhibited, Robust, And Wide-Open: A Free Press For A New Century, Enrique Armijo

Federal Communications Law Journal

Lee Bollinger's Uninhibited, Robust, and Wide-Open argues that in an increasingly globalized world, the United States must seek to export First Amendment free press principles to other countries. His project, however, is belied by the fact that media law is a product of context and history as much as legalism. His proposals for reconceptualizing our own animating vision for a free press here in the States are also in many important respects inconsistent with the First Amendment itself.

The Joint Action And Learning Initiative: Towards A Global Agreement On National And Global Responsibilities For Health, Lawrence O. Gostin, Eric A. Friedman, Gorik Ooms, Thomas Gebauer, Narendra Gupta, Devi Sridhar, Wang Chenguang, John-Arne Røttingen, David Sanders

O'Neill Institute Papers

A coalition of civil society organizations and academics is initiating a Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI) to research key conceptual questions involving health rights and responsibilities, with the goal of securing a global health agreement andsupporting civil society and community mobilization around the human right to health. The social mobilization is critical to creating the political space that would make such an agreement possible and to ensuring its implementation.

This agreement, such as a Framework Convention on Global Health, would inform post-Millennium Development Goal global health commitments, be grounded in the right …

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

Hiv/Aids & Children: Ethical Considerations, Foluke O. Dada Dr.

FOLUKE O DADA DR.

Children and orphans are of the vulnerable population and defined to be persons who have not attained the legal age of consent. Advocates of human research have long opined that research can be beneficial for the common good of the people especially when attempting to procure medical advancements that may otherwise have been unobtainable except by the use of human subjects. Children lack the requisite consent to treatments and procedures involved in research and many mothers in Sub Saharan Africa are particularly poor and lack formal education leaving them vulnerable to the disease of HIV/AIDS. This is more evident in …