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"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 ...


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.


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.


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.


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.


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.


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.


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


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.


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.


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.


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 ...


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...


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 ...


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.


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 ...


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.


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 ...


Masthead, Volume 50 (2018) Jan 2018

Masthead, Volume 50 (2018)

Case Western Reserve Journal of International Law

No abstract provided.


The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson Jan 2017

The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson

Case Western Reserve Journal of International Law

[T]o shed some light on the uncertainty that continues to surround The Night Café’s rightful ownership. Unfortunately, the Second Circuit Court of Appeals’ unpublished ruling, issued on October 20, 2015, that only adds to that uncertainty.


Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio Jan 2017

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Case Western Reserve Journal of International Law

Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian ...


The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri Jan 2017

The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri

Case Western Reserve Journal of International Law

First, the article engages with the crucial question of how fashion is cultural heritage, or, at least, how fashion can be considered a part of the ICOM Code’s definition of heritage, and therefore within the scope of the minimum ethical standards it sets forth for its members and potentially for museums at large. Second, the article presents the ICOM Code, contextualizing it within the ICOM’s framework as a nongovernmental international public interest organization, and examines how the ICOM Code is a source of general principles of international law. As part of this section, the article also highlights how ...


Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky Jan 2017

Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky

Case Western Reserve Journal of International Law

No abstract provided.


Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford Jan 2017

Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford

Case Western Reserve Journal of International Law

In the 2014 case of Meyer v. Bd. of Regents of the Univ. of Okla., victims of looting asked a court to resolve ownership of a piece of artwork that the Nazis had looted, and was sold several times, and ultimately donated to the University of Oklahoma. This case provides just one example of the issues facing claimants, museums, and courts regarding Nazi-looted art. Although this case reached a settlement, the lack of consistency and uniformity in this area of the law necessitates stronger guidelines to protect the competing interests of claimants and museums to the disputed pieces of art ...


Water Scarcity: Preventing Future Conflicts, Rush O'Connor Jan 2017

Water Scarcity: Preventing Future Conflicts, Rush O'Connor

Case Western Reserve Journal of International Law

This Note focuses on nations with shared water sources forming transboundary agreements to promote peaceful solutions and to protect people's right to water. Given the growing scarcity of water, this Note emphasizes the urgent need to create agreements. It argues that international agreements are ineffective with respect to protecting the right to water and do not create proper forums for settling disputes over water. Yet international organizations can take an active role in helping to form transboundary agreements and acting as mediators when an agreement fails. This Note then explores how transboundary agreements work and why they are better ...


Dealing With Laundering In The Swiss Art Market: New Legislation And Its Threat To Honest Traders, Katie L. Steiner Jan 2017

Dealing With Laundering In The Swiss Art Market: New Legislation And Its Threat To Honest Traders, Katie L. Steiner

Case Western Reserve Journal of International Law

On January 1, 2016, new regulations took effect in Switzerland that impact the country's art market. The laws aim to close channels for laundering money and illicit antiquities within the art trade. Because the art market's opacity provides attractive conditions for launderers, Switzerland's new regulations introduce greater transparency in transactions for high-value works of art and in duty-free art-storage facilities, such as the Geneva freeport. The Geneva warehouse serves an international clientele of art collectors, who have traditionally stored works of art in the facility anonymously and indefinitely, without adverse tax consequences. The freeport provides essential services ...


Talking Foreign Policy: Art, Diplomacy And Accountability, Michael P. Scharf Jan 2017

Talking Foreign Policy: Art, Diplomacy And Accountability, Michael P. Scharf

Case Western Reserve Journal of International Law

Michael P. Scharf, Paul R. Williams, Mark Ellis, William Schabas, Shannon French, and Milena Sterio discuss art and international law topics.

Broadcast quarterly, "Talking Foreign Policy" is a one-hour radio program hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf in which experts discuss the salient foreign policy issues of the day. The broadcast on October 7, 2016, addressed international law and art.


Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner Jan 2017

Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner

Case Western Reserve Journal of International Law

No abstract provided.


A More Acceptable Solution: The Proposed European Union Agency Of Asylum And Refugees, Sarah Katz Jan 2017

A More Acceptable Solution: The Proposed European Union Agency Of Asylum And Refugees, Sarah Katz

Case Western Reserve Journal of International Law

This Note details the improvements that should be made to a recent proposal submitted by a group of scholars to the European Parliament. The scholars have suggested that the European Union create an independent organization to process asylum applications and to deal with refugee issues in the European Union. This Note agrees with this central proposal, but fleshes out more details that are missing from this initial proposition. The five aspects of refugee processing are detailed in turn: (1) defining a refugee; (2) assigning responsibility for dealing with asylum claims; (3) reception conditions; (4) temporary protection; and (5) long-term residence ...