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Articles 1 - 30 of 87

Full-Text Articles in Law

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.


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...


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 ...


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 ...


War And Passion: Who Keeps The Art?, Margaret M. Miles Jan 2017

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.


Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston Jan 2016

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.


Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz Jan 2016

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.


Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham Jan 2016

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 ...


Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh Jan 2014

Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.


Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman Jan 2014

Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman

Case Western Reserve Journal of International Law

No abstract provided.


America's Drone Wars, Leila Nadya Sadat Jan 2012

America's Drone Wars, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.


Targeted Killing: When Proportionality Gets All Out Of Proportion, Amos Guiora Jan 2012

Targeted Killing: When Proportionality Gets All Out Of Proportion, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.


Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob Jan 2012

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.


Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio Jan 2012

Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio

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 Jan 2012

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.


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 Jan 2012

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.


War Without End? Legal Wrangling Without End, Jeremy Rabkin Jan 2012

War Without End? Legal Wrangling Without End, Jeremy Rabkin

Case Western Reserve Journal of International Law

No abstract provided.


Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White Jan 2012

Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White

Case Western Reserve Journal of International Law

No abstract provided.


An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane Jan 2011

An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.


The Crisis Of International Law, Joel P. Tractman Jan 2011

The Crisis Of International Law, Joel P. Tractman

Case Western Reserve Journal of International Law

No abstract provided.


International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain Jan 2011

International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain

Case Western Reserve Journal of International Law

No abstract provided.


"The Crisis In The Implementation Of International Law", Richard Goldstone Hon. Jan 2011

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.


The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly Jan 2011

The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.


Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves Jan 2010

Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves

Case Western Reserve Journal of International Law

No abstract provided.


Whose Lawfare Is It, Anyway?, David Scheffer Jan 2010

Whose Lawfare Is It, Anyway?, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.


The Dangers Of Lawfare, Scott Horton Jan 2010

The Dangers Of Lawfare, Scott Horton

Case Western Reserve Journal of International Law

No abstract provided.


Illustrating Illegitimate Lawfare, Michael A. Newton Jan 2010

Illustrating Illegitimate Lawfare, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


Gaza, Goldstone, And Lawfare, William A. Schabas Jan 2010

Gaza, Goldstone, And Lawfare, William A. Schabas

Case Western Reserve Journal of International Law

No abstract provided.


The Knight's Code, Not His Lance, Jamie A. Williamson Jan 2010

The Knight's Code, Not His Lance, Jamie A. Williamson

Case Western Reserve Journal of International Law

No abstract provided.


Carl Schmitt And The Critique Of Lawfare, David Luban Jan 2010

Carl Schmitt And The Critique Of Lawfare, David Luban

Case Western Reserve Journal of International Law

No abstract provided.