Law Commons^™

"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon

Ocean and Coastal Law Journal

Lobster fishing is one of Maine’s most famous and important industries. In order for the industry to thrive, it is necessary that the lobster stock continue to be bountiful. One way to achieve a bountiful stock of lobster is to place limits on the amount of lobster that can be fished in any given year. The legal world offers a number of ways to achieve this end. Some mechanisms that have been employed in various jurisdictions include minimum and maximum legal sizes, v-notching, and trap limits. Although these laws can be very effective in reducing the number of lobsters ...

The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed

Ocean and Coastal Law Journal

Over the past few decades, the public has become more and more aware of the inhumane and incredibly harsh treatment of marine mammals being kept in captivity, specifically for entertainment purposes. Anger and outrage reached a heighted level after the CNN documentary, Blackfish, was released in 2013, as the film brought increased awareness to viewers across the country. However, the issue of marine mammals in captivity reaches far deeper than the SeaWorld controversy of recent years; in fact, the issue spans even beyond the United States. This article therefore analyzes the laws which allow for such captivity to take place ...

Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé

Notre Dame Journal of International & Comparative Law

The international community seems to largely agree on the fundamental nature of the freedom of expression. Even countries that do not seem, in practice, to respect the freedom of expression still tend to ratify, sign, or be party to international instruments to that end. This duality tends to simplify the legal argument, but complicate the actual practice for promoting freedom of expression worldwide. For those who agree that the United States is a leader in international affairs, shift towards a more definitive State practice reinforcing the freedom of expression is an easy sell. For those who dispute whether the United ...

The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera

William & Mary Journal of Women and the Law

No abstract provided.

Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis

William & Mary Journal of Women and the Law

No abstract provided.

The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld

William & Mary Journal of Women and the Law

No abstract provided.

Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid

William & Mary Journal of Women and the Law

This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn

William & Mary Law Review

Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S ...

American Lobster Claws Threatened By Eu Invasive Species Laws:How The Eu Invasive Species Act Applies Non-Uniformly To Aquatic Species., Joseph D. Foltz

Ocean and Coastal Law Journal

In 2014 the European Union enacted the “Prevention and Management of the Introduction and Spread of Invasive Alien Species Act” (Act) as a way to restrict the transportation and consumption of non-native animal and plant species that harmed native animal and plant species. As a result of this Act, thirty-seven species were deemed “invasive alien species” and were placed on a “list of Union concern” which restricted their importation and movement within the EU. Two species on this list include the Virile Crayfish (Orconectes virilis) and the Pond Slider (Trachemys scripta). On February 29, 2016, Sweden (a European Union member ...

Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow

Ocean and Coastal Law Journal

As pressures of globalization and advances in technology accelerate, more and more remote, coastal, and small communities are left financially stranded and disempowered. Many communities located at the historic periphery of global markets and trade routes are, often paradoxically, marginalized from the benefits of globalized trade, even while their more accessible natural resources have moved far closer to the center of global markets. The powerful political institutions of nation states combined with growing transnational businesses are driving a combination of boosts in national economies, explosions in technology, and fewer international restrictions on capital. This three-pronged dynamic is reshaping the structure ...

The Iwt And The Unwc: Commonalities And Differences, Waseem Ahmad Qureshi

Ocean and Coastal Law Journal

Amid global water scarcity and a surge in population, leading nations have started racing to occupy freshwater resources around the world. While there remains no international agreement applying universally worldwide, almost all major international watercourses and powerful nations remain out of the scope of any sort of legal obligation. Bilateral and multilateral treaties have become the governing legal framework to regulate freshwater utilization. In this context, the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC) and the Draft Articles on the Law of Transboundary Aquifers (DALTA) play a significant role, serving not only as ...

The Supreme "Courts" Of The Roman Empire, C.G. Bateman

C.G. Bateman

Inclusive Capitalism Based On Binary Economics And Positive International Human Rights In The Age Of Artificial Intelligence, Chris Fleissner

Washington University Global Studies Law Review

The degree to which wage labor will sustain purchasing power over the long term has become a subject of renewed scrutiny in the twenty-first century. Decreasing labor share of compensation for economic growth and the development of disruptive automation technologies approaching human-level intelligence have invited inquiries into the institutions, rules, and norms driving the generation and distribution of earnings from labor and capital, the concentration of wealth, and access to opportunities to participate in the global economy.

This Note considers the role of positive human rights in this context through the lens of a paradigm known as inclusive capitalism based ...

Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo

Faculty Scholarship

As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.

International Law In National Schools, Ryan M. Scoville

Indiana Law Journal

Why is international law ineffective at times in achieving its aims, such as preventing human rights abuses, forestalling armed conflict, and ensuring global cooperation on matters ranging from the environment to nuclear proliferation? This Article offers original empirical research to suggest that an important and underappreciated part of the answer lies in legal education. Conducting a global survey on the study of international law at thousands of law schools in over 190 countries, the Article reveals significant cross-national disparities in the pervasiveness of international legal training, and draws on other research to highlight similar variations in instructional quality, topical emphases ...

Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin

Electronic Thesis and Dissertation Repository

Secession has contributed to nearly 50 intra-state armed conflicts around the world, and remains a complex issue in public international law. Over the past 72 years, several cases stand out as providing evidence of state practice with regards to invoking a successful right to unilateral secession: Bangladesh, Croatia, South Sudan, East Timor, Eritrea and Kosovo, to name a few. However, apart from invoking a right to secession, these cases also share a common factor that legitimized their independence: their Unilateral Non-Colonial (UNC) secessions became legal as a result of two factors: (i) an invocation of a right to self-determination which ...

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Megan A. Fairlie

No abstract provided.

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Diane Orentlicher

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business ...

International Law And National Security: A View From Abroad On Current Trends In Targeting, Detention, And Trials, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

Flyers 2016-2017

No abstract provided.

We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae

Ocean and Coastal Law Journal

The Great Barrier Reef is the world’s largest coral reef ecosystem and is currently in danger of irreparable destruction due to natural and human-made environmental disturbance. This paper focuses on a case, Center for Biological Diversity v. Export-Import Bank, concerning the extraterritoriality application of the Endangered Species Act to a Federal agency’s funding of liquefied natural gas projects in Australia requiring, in part, the dredging of portions of the Great Barrier Reef. As the health of UNESCO World Heritage Sites and other environmentally protected and culturally important geography is jeopardized, United States’ government activity in foreign jurisdictions raises ...

The Seventeenth Annual International Advocate For Peace Award Honoring Rajiv Shah, Cardozo Journal Of Conflict Resolution (Cjcr)

Flyers 2016-2017

No abstract provided.

No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner

MAIS Projects and Theses

International law protects the right to education for refugee children, as is stated in multiple treaties and documents, such as the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Rights of the Child (1990). The purpose of this research is to highlight the historical development of education for refugee children, through programs led by Intergovernmental Organizations (IGOs), as well as to emphasize the importance of education as part of current humanitarian interventions. This thesis examines a past example ...

The International Criminal Court: A Figurehead Of Justice, Megan Stoddard

Senior Theses

International law has existed since nation states began to recognize one another. However, the defined study of international criminal law and the resulting International Criminal Court is a fairly recent institution in our history, so there are still many questions about its operation. The question explored here is the power of the court. When put in the international political stage, the International Criminal Court can seem very powerful, but this is a question of the international influence the court can have over the world, and potential international criminals. To explore these ideas, the history of the court and international criminal ...

The Battle Over Scientific Whaling: A New Proposal To Stop Japan’S Lethal Research And Reform The International Whaling Commission, Laura Hoey

William & Mary Environmental Law and Policy Review

No abstract provided.

Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee

Ocean and Coastal Law Journal

Korea has been aware of the humanitarian and national significance of the Arctic and Antarctic since before the millennium. On the one hand, Korea has strived in the field of scientific research by joining the Antarctic Treaty System. On the other hand, Korea has promoted various economic cooperation with the Arctic nations. Korea joined the Antarctic Treaty System in 1986, established the Antarctic King Sejong Station in 1988, established the Arctic Dasan Station in Ny-Ålesund, Norway in 2002, and joined the Svalbard Treaty in 2012. Furthermore, Korea has participated in summits with the Arctic nations since 2008. In 2012, President ...

The Arctic In The Public Order Of The World Community, Charles H. Norchi

Ocean and Coastal Law Journal

From early ages of exploration, the Arctic idea has resided in collective memories well beyond polar realms. For people who live in the Arctic, that idea is a way of life that incorporates traditions and indigenous knowledge evolved to cope with demanding conditions. Consequences of cryospheric changes are causing states and non-states to assert more intense claims to Arctic resources. The Arctic is a base of power, wealth, and other values. Competence to make and apply law in a manner that accommodates inclusive versus exclusive demands in the common interest is of great import to the public order of the ...

Introduction, Senator Angus King

Ocean and Coastal Law Journal

On September 13, 2016, the Crystal Serenity, a cruise ship with over one thousand passengers, arrived in Bar Harbor, Maine. The 790-foot ship would not be an unusual sight in Downeast Maine this time of year but for the fact that it had just completed an historic voyage through the Arctic Ocean’s Northwest Passage. As the largest commercial cruise ship to navigate the once frozen passage, the Crystal Serenity offers a glimpse into the changes in the Arctic region and the impact that those changes are already having on the State of Maine. Several weeks after the Crystal Serenity ...

Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs

Faculty Publications

International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines ...

South Africa’S (Possible) Withdrawal From The Icc And The Future Of The Criminalization And Prosecution Of Crimes Against Humanity, War Crimes And Genocide Under Domestic Law: A Submission Informed By Historical, Normative And Policy Considerations, Gerhard Kemp

Washington University Global Studies Law Review

The ANC-led Government’s decision in October 2016 to withdraw South Africa from the International Criminal Court (“ICC”) came as a shock to those who regard South Africa as a champion of international criminal justice on the African continent. The decision was vehemently opposed by opposition parties and civil society in South Africa. The high court in Pretoria ultimately annulled South Africa’s notice of withdrawal from the ICC, and the ICC Repeal Bill was also withdrawn from the parliament.

This Article argues for South Africa’s continued membership of the ICC. The argument is informed by the history and ...