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Articles 1 - 30 of 112
Full-Text Articles in Law
The Role Of International Law In The Russia-Ukraine War, Michael Kelly
The Role Of International Law In The Russia-Ukraine War, Michael Kelly
Case Western Reserve Journal of International Law
No abstract provided.
International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald
International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald
Case Western Reserve Journal of International Law
No abstract provided.
Talking Foreign Policy, Radio Broadcasts
Talking Foreign Policy, Radio Broadcasts
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy, Radio Broadcasts Sept. 25, 2014, Jan. 29 And Sept. 4, 2015, Feb. 5 And Oct. 7, 2016
Talking Foreign Policy, Radio Broadcasts Sept. 25, 2014, Jan. 29 And Sept. 4, 2015, Feb. 5 And Oct. 7, 2016
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy, Talking Foreign Policy Radio Broadcasts: Sept. 6, 2013 And Jan. 31, 2014
Talking Foreign Policy, Talking Foreign Policy Radio Broadcasts: Sept. 6, 2013 And Jan. 31, 2014
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy, Talking Foreign Policy Radio Show
Talking Foreign Policy, Talking Foreign Policy Radio Show
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy: October 1, 2019 Broadcast: "The Rohingya Genocide", Tfp Panel
Talking Foreign Policy: October 1, 2019 Broadcast: "The Rohingya Genocide", Tfp Panel
Case Western Reserve Journal of International Law
"According to a recent UN report, Facebook bears responsibility for the worst humanitarian disaster on the planet – the mass attacks against the Rohingya people of Burma. Welcome to “Talking Foreign Policy.” I’m your host, Michael Scharf, [co-]Dean of Case Western Reserve University School of Law. In this broadcast, our expert panelists will help us understand the Rohingya crisis, the role of Facebook, and the prospects for achieving accountability for the international crimes that have been committed against the Rohingya people in Burma."
Foreword: Atrocity Prevention: The Role Of International Law And Justice, Amb. Todd F. Buchwald, Jody M. Aremband
Foreword: Atrocity Prevention: The Role Of International Law And Justice, Amb. Todd F. Buchwald, Jody M. Aremband
Case Western Reserve Journal of International Law
"The issue of atrocity prevention has taken something of a beating in the last few years, a victim perhaps of the transactional approach to security and other foreign policy issues that seem to be engulfing us. Yet this is an issue that cannot go away. Its staying power is a testament to its deep moral roots. The horrors of the Holocaust and the knowledge of the capacity of man for cruelty to his fellow man will haunt the world forever. The experience of our modern history– in Yugoslavia, Rwanda, Sudan, South Sudan, the Central African Republic and elsewhere – leave …
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
Case Western Reserve Journal of International Law
The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.
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
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...
The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle
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.
War And Passion: Who Keeps The Art?, Margaret M. Miles
War And Passion: Who Keeps The Art?, Margaret M. Miles
Case Western Reserve Journal of International Law
Here, I would like to recall how and where ideas about repatriation, restitution, and proper ownership of art got started, a subject I have explored in detail elsewhere.
A More Acceptable Solution: The Proposed European Union Agency Of Asylum And Refugees, Sarah Katz
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 …
Water Scarcity: Preventing Future Conflicts, Rush O'Connor
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 than …
International Law In A Turbulent World, Lawrence L. Herman
International Law In A Turbulent World, Lawrence L. Herman
Canada-United States Law Journal
10th Annual Canada-United States Law Institute Distinguished Lecture by the diplomatic officer at the Canadian Mission to the United Nations, on human rights, climate change and terrorism, and UNCLOS (Law of the Sea Convention)
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Case Western Reserve Journal of International Law
At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.
Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston
Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston
Case Western Reserve Journal of International Law
An introduction is presented in which editor discusses various articles within the issue based on the legacy of U.S. President Barack Obama's administration on right to use force in self-defense against non-state actors, foreign policy accomplishments in the Middle East and climate change.
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Case Western Reserve Journal of International Law
International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …
The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, Andrew Zashin
Faculty Publications
This paper asserts that the only way true progress can be made regarding this problem is for the United States to acknowledge that this serious problem actually exists. One has to look beyond the feel-good statistics and congratulatory press releases to see that the existing system, including the application of the Hague Convention on Child Abduction, fails LBPs. Until the nature and scope of the problem is identified and examined, the United States will continue to be a refuge state for child abductors.
Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman
Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman
Case Western Reserve Journal of International Law
No abstract provided.
Canada V. United States Of America, Chios Carmody
Canada V. United States Of America, Chios Carmody
Canada-United States Law Journal
The article focuses on the legal issues related to the 2014 Niagara Problem provided to judges in Niagara Moot Court Competition. Topics discussed include right to protect from terrorism by freezing the sale of a yacht where the proceeds were intended to pay a ransom to pirates, obligation exists under international law to recognize same-sex marriage and customary international law.
Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh
Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh
Case Western Reserve Journal of International Law
No abstract provided.
Accelerated Formation Of Customary International Law, Michael P. Scharf
Accelerated Formation Of Customary International Law, Michael P. Scharf
Faculty Publications
This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Canada-United States Law Journal
No abstract provided.
Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob
Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob
Case Western Reserve Journal of International Law
Note of the Year.
America's Drone Wars, Leila Nadya Sadat
America's Drone Wars, Leila Nadya Sadat
Case Western Reserve Journal of International Law
No abstract provided.
Using Civil Remedies In Corruption And Asset Recovery Cases, Emile Van Der Does De Willebois
Using Civil Remedies In Corruption And Asset Recovery Cases, Emile Van Der Does De Willebois
Case Western Reserve Journal of International Law
No abstract provided.
Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White
Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White
Case Western Reserve Journal of International Law
No abstract provided.
War Without End? Legal Wrangling Without End, Jeremy Rabkin
War Without End? Legal Wrangling Without End, Jeremy Rabkin
Case Western Reserve Journal of International Law
No abstract provided.
Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss
Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss
Case Western Reserve Journal of International Law
No abstract provided.