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Full-Text Articles in Law

Reforming The International Criminal Court: "Lean In" Or "Leave", Leila Nadya Sadat Jan 2020

Reforming The International Criminal Court: "Lean In" Or "Leave", Leila Nadya Sadat

Washington University Journal of Law & Policy

The International Criminal Court, established by statute by 120 states in 1998, is charged with bringing the rule of law into some of the most difficult and dangerous situations in the world. From its inception, it has faced criticism; however, now a “Leave” campaign has emerged. This Article argues that instead of this campaign, scholars and political leaders should lean in to bring about reforms in a constructive manner.


"Your Old Road Is/ Rapidly Agin'": International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin Jan 2018

"Your Old Road Is/ Rapidly Agin'": International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin

Washington University Global Studies Law Review

For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human rights, one that grows in importance each year: how the treatment (especially, the institutional treatment) of persons with mental and intellectual disabilities violates international human rights law, and the silence of organized forensic psychology in the ...


Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat Jan 2015

Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat

Washington University Global Studies Law Review

For decades, social and physical scientists have asserted that “race” is a social construct rather than a biological reality. Conversely, skin color is objectively identifiable. Yet, the law has focused largely upon racial categories to remedy discrimination against individuals based upon their skin color or “racial” identification. While some authors continue to argue that race is “real” either from a biological or sociological perspective, and others continue to challenge its biological and legal salience, this debate has proven largely unsatisfactory to policy makers and others interested in understanding both the social construction of race and skin color and its impact ...


Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves Jan 2015

Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves

Washington University Global Studies Law Review

Color is an important but underdeveloped designation in international law. Color is identified as a protected category in several human rights documents, but despite its status as a protected category, there is no definition of color in these human rights documents. It is generally recognized, however, that color references skin color. In the absence of an established definition, race is often used as a proxy for color. Yet, there is growing skepticism within the human rights community about the legitimacy of using racial categories to distinguish human beings. While race and color are often used interchangeably, it is important to ...


The Inter-American Human Rights System: An Effective Institution For Regional Rights Protection?, Lea Shaver Jan 2010

The Inter-American Human Rights System: An Effective Institution For Regional Rights Protection?, Lea Shaver

Washington University Global Studies Law Review

The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western Hemisphere. This Article explains the workings of this regional human rights system, examining its history, composition, Junctions, jurisdiction, procedure, jurisprudence, and enforcement. The Article also evaluates the system's historical and current effectiveness. Particular attention is given to the disconnect between the system's success with the region's Latin-American nations and its rejection by Anglo-American States, as well as to the potential to use the system to improve human rights in Cuba. Reprinted by permission of the ...


The Rule Of Law In A Globalizing World—An Asian Perspective, Hisashi Owada Jan 2009

The Rule Of Law In A Globalizing World—An Asian Perspective, Hisashi Owada

Washington University Global Studies Law Review

Reconceptualization of the rule of law at the international level in turn requires addressing the following two separate but interrelated questions that are especially pertinent in the context of the present-day international system. First, should the rule of law, when applied at the international level, be defined from a formalistic or substantive point of view? In other words, should the concept of the rule of law, when transposed to the international realm, be read narrowly as referring to its formal aspect of “the rule by the laws,” or broadly as referring to the substantive content of the law as well ...


World Peace Through Justice Award Lecture, Richard J. Goldstone Jan 2009

World Peace Through Justice Award Lecture, Richard J. Goldstone

Washington University Global Studies Law Review

I am optimistic that even if the United States fails in the coming years to ratify the Rome Treaty, it will increasingly offer its support for prosecutions launched by the ICC that are consistent with Washington’s foreign policy. Then, there is the role of civil society in this and other democracies. The media, human rights organizations, and the faculty and students of so many universities have successfully pressured political leaders to take action in support of victims of atrocious crimes. It was, after all, public concern and pressure that led the United States and some of the European democracies ...


The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo Jan 2009

The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo

Washington University Journal of Law & Policy

This Article will critically examine how effectively the new ITPGRFA combines these open source and proprietary elements and will conclude by comparing this commendable, albeit imperfect, Multilateral System with its potentially bipolar alternative—namely, the continuation of current controversies over the patentability of genetic materials and over reactive assertions of sovereignty over plant genetic resources.


The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne Jan 2009

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne

Washington University Journal of Law & Policy

Because innovation cycles in the plant breeding industry require five to fifteen years to create new stable varieties, the Multilateral System will not start producing effects for a few more years. However, the share of benefits derived from the commercialization of plant genetic resources that incorporate genetic material accessed from the Multilateral System should be fairly limited pursuant to the provisions of the Standard Material Transfer Agreement adopted by the International Treaty Governing Body in June 2006. This seems to vindicate the position of China and Ethiopia, which consisted of maintaining soybean and coffee outside the Multilateral System. Part I ...


Feeling Good Or Doing Good: Inefficacy Of The U.S. Unilateral Sanctions Against The Military Government Of Burma/Myanmar, Thihan Myo Nyun Jan 2008

Feeling Good Or Doing Good: Inefficacy Of The U.S. Unilateral Sanctions Against The Military Government Of Burma/Myanmar, Thihan Myo Nyun

Washington University Global Studies Law Review

Part I of the Article presents a general overview of the use of sanctions as economic statecraft. Part II frames the U.S. unilateral sanctions policy analysis in the Burmese context. Part III of the Article begins the analysis of the political and economic variables that are regularly implicated in determining whether sanctions are likely to succeed. In Part IV, I suggest additional legal, social, and humanitarian variables that might better approximate the efficacy of the sanctions when considered in an episode-specific manner.


Holding International Organizations Accountable Under The Foreign Sovereign Immunities Act: Civil Actions Against The United Nations For Non-Commercial Torts, Kevin M. Whiteley Jan 2008

Holding International Organizations Accountable Under The Foreign Sovereign Immunities Act: Civil Actions Against The United Nations For Non-Commercial Torts, Kevin M. Whiteley

Washington University Global Studies Law Review

No abstract provided.


The Crime Of Aggressive War, Michael Walzer Jan 2007

The Crime Of Aggressive War, Michael Walzer

Washington University Global Studies Law Review

What is the specific wrong that constitutes aggression? Years ago, I argued that the wrong was to force people to fight and die in defense of the state that protects their common life and the territory on which that common life is lived (it has to be lived somewhere). It is not just the crossing of the border that constitutes the wrong but the threat—to the community and its members—that the crossing signifies.


Nuremberg: Past, Present And Future, Christopher J. Dodd Jan 2007

Nuremberg: Past, Present And Future, Christopher J. Dodd

Washington University Global Studies Law Review

Through historical and personal reflection, these remarks detail the unprecedented conditions of the Nuremberg trials. In addition, the paper explores the historical and modern impact of the principles of the Nuremberg trials.


Private Ordering And Institutional Choice: Defining The Role Of Multinational Corporations In Promoting Global Labor Standards, Annette Burkeen Jan 2007

Private Ordering And Institutional Choice: Defining The Role Of Multinational Corporations In Promoting Global Labor Standards, Annette Burkeen

Washington University Global Studies Law Review

Ian R. McNeil’s concept of relational contracting helped to transform our understanding of a contract from a mere exchange of promises to the creation of a relationship. Contracts are “relations among people who have exchanged, are exchanging, or expect to be exchanging in the future—in other words, exchange relations.”


The Unesco Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions: A Look At The Convention And Its Potential Impact On The American Movie Industry, Edmund H. Chiang Jan 2007

The Unesco Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions: A Look At The Convention And Its Potential Impact On The American Movie Industry, Edmund H. Chiang

Washington University Global Studies Law Review

No abstract provided.


Enabling The International Criminal Court To Punish Aggression, Benjamin B. Ferencz Jan 2007

Enabling The International Criminal Court To Punish Aggression, Benjamin B. Ferencz

Washington University Global Studies Law Review

According to Article Five of the Rome Statute, the International Criminal Court (ICC) cannot exercise its jurisdiction over the crime of aggression until amendments are adopted: (1) defining the crime; and (2) setting out the conditions, consistent with the United Nations (U.N.) Charter, under which the ICC is to act. This Essay analyzes the problems posed by these stipulated requirements, and suggests solutions to fulfill them.


The International Criminal Court: Current Challenges And Perspectives, Hans-Peter Kaul Jan 2007

The International Criminal Court: Current Challenges And Perspectives, Hans-Peter Kaul

Washington University Global Studies Law Review

In my view, all the members of the ICC, from the President to the most junior law clerk, continue to face some fundamental questions: How will we manage to turn the ICC into a functioning and effective institution? How will we cope with the limitations of this Court and with the challenges ahead? With these questions in mind, I would like to divide these remarks into two brief parts: First: Let me recall some of the legal, factual and other limitations which, also in the future, will have an impact on the work of the ICC. Second: In light of ...


Nuremberg And The Crime Against Peace, Roger S. Clark Jan 2007

Nuremberg And The Crime Against Peace, Roger S. Clark

Washington University Global Studies Law Review

Article 5 (1) of the Rome Statute of the International Criminal Court (“ICC”) states that the “crime of aggression” is one of the four “crimes within the jurisdiction of the Court.” Article 5 (2) provides, however, that the Court may not exercise that jurisdiction until a “provision is adopted . . . defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime.” It adds that “[s]uch a provision shall be consistent with the relevant provisions of the Charter of the United Nations.” Having spent a great deal of time in recent years ...


From Nuremberg To Guantánamo: Medical Ethics Then And Now, Nancy Sherman Jan 2007

From Nuremberg To Guantánamo: Medical Ethics Then And Now, Nancy Sherman

Washington University Global Studies Law Review

On October 25, 1946, three weeks after the International Military Tribunal at Nuremberg entered its verdicts, the United States established Military Tribunal I for the trial of twenty-three Nazi physicians. The charges, delivered by Brigadier General Telford Taylor on December 9, 1946, form a seminal chapter in the history of medical ethics and, specifically, medical ethics in war. The list of noxious experiments conducted on civilians and prisons of war, and condemned by the Tribunal as war crimes and as crimes against humanity, is by now more or less familiar. That list included: high-altitude experiments; freezing experiments; malaria experiments; sulfanilamide ...


Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner Jan 2007

Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner

Washington University Global Studies Law Review

A look back at the twentieth century reveals that the most critical steps in the criminalization of mass human rights constituted the academic work of Raphel Lemkin and his conceptualization of genocide; the International Military Tribunal Charter’s criminalization of crimes against humanity and the trials that followed; and the conclusion and broad ratification of the Genocide Convention. The Convention was the first treaty since those of slavery and the “white slave traffic” to criminalize peacetime actions by a government against its citizens. Since that time, customary international law has recognized the de-coupling of crimes against humanity from wartime.

The ...


The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett Jan 2007

The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett

Washington University Global Studies Law Review

Justice Jackson’s Nuremberg was over 15 months of full time involvement in an unprecedented, post-World War, two continent, five major world capital,2 wreckage-strewn, military occupied, twenty-plus nation, alliance-based, alliance fraying, four language, multi-million page, prisoner-inundated, debris- and body- and victim-surrounded, cold, hungry and unsafe, Nazi-fearing, Germany-fearing, World War III-fearing, fact finding, institution creating, law building, crime defining, criminal guilt proving, punishment imposing and historical record publishing human endeavor. Given all of that, to understand “Nuremberg”—Jackson’s Nuremberg roles and the 1945–46 proceedings before the International Military Tribunal (“IMT”)—really requires one to look at Nuremberg not ...


What Would Grotius Do? Methods And Implications Of Incorporating The Contract Law Doctrine Of Illusory Promises Into The Law Of Treaty Interpretation, Justin Lowe Jan 2007

What Would Grotius Do? Methods And Implications Of Incorporating The Contract Law Doctrine Of Illusory Promises Into The Law Of Treaty Interpretation, Justin Lowe

Washington University Global Studies Law Review

No abstract provided.


A World Of Peace Under The Rule Of Law: The View From America, Benjamin B. Ferencz Jan 2007

A World Of Peace Under The Rule Of Law: The View From America, Benjamin B. Ferencz

Washington University Global Studies Law Review

These remarks address a world of peace, the rule of law, and the view from America. In order to have a peaceful world, you need three basic components. You need laws to define what is permissible and impermissible. You need courts to settle disputes amicably or to hold wrongdoers accountable. And, you need a system of effective enforcement. Those three components—laws, courts, and enforcement—are the basic foundations for every society, whether it be a city, or a town, or a village, or a nation, or the world. If you didn’t have laws, or courts, or enforcement, you ...


A World Of Peace Under The Rule Of Law: The View From Europe, Christoph J. M. Safferling Jan 2007

A World Of Peace Under The Rule Of Law: The View From Europe, Christoph J. M. Safferling

Washington University Global Studies Law Review

The topic which has been entrusted to me, A World of Peace Under the Rule of Law —The View from Europe, carries quite a heavy burden. Sixty years after the end of the Nürnberg Trials, this invitation to discuss a global rule of law demonstrates a substantial amount of trust in the German people, who come from a country where the Nazis had abolished every democratic principle and eliminated all individual liberties by dissolving the separation of power. Although sixty years is a long time in the case of our individual lives, the recent discussion about a German military contribution ...


The Liability Of Ordinary Soldiers For Crimes Of Aggression, David Rodin Jan 2007

The Liability Of Ordinary Soldiers For Crimes Of Aggression, David Rodin

Washington University Global Studies Law Review

This “liability gap”-the fact that sovereigns and statesmen, but not subordinate officers and soldiers, are liable for jus ad bellum offences-is one of the great puzzles of international law and ethics. In this essay I examine the philosophical foundation of combatants’ war rights and the basis for liability for ad bellum offences. I conclude that there is at least a theoretical basis for extending liability for the crime of aggression to ordinary soldiers and lower ranking officers.


Genocide And Crimes Against Humanity, Patricia M. Wald Jan 2007

Genocide And Crimes Against Humanity, Patricia M. Wald

Washington University Global Studies Law Review

There are currently some troublesome issues about the overlaps and gaps between crimes against humanity and genocide as defined and enforced by international, hybrid and national courts.

Up front, of course, we must always keep in mind that the origin of international humanitarian law crimes is different from national crimes. International crimes derive mainly from international customary law and sometimes treaties. Not all treaties, however, qualify as expressions of customary law—especially if they have not been adopted or adhered to by a majority of civilized nations and not all customary law is incorporated in treaties. So, for instance, like ...


Can The President “Unsign” A Treaty? A Constitutional Inquiry, Luke A. Mclaurin Jan 2006

Can The President “Unsign” A Treaty? A Constitutional Inquiry, Luke A. Mclaurin

Washington University Law Review

No abstract provided.


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky Jan 2005

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky

Washington University Law Review

This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.


The Prosecutor Of The International Criminal Court, Amnesties, And The “Interests Of Justice”: Striking A Delicate Balance, Thomas Hethe Clark Jan 2005

The Prosecutor Of The International Criminal Court, Amnesties, And The “Interests Of Justice”: Striking A Delicate Balance, Thomas Hethe Clark

Washington University Global Studies Law Review

No abstract provided.