Law Commons^™

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

Analysis And Application Of The Offense-Defense Theory: Russia, Ukraine, And History., Kirby Ballard

College of Arts & Sciences Senior Honors Theses

Political scientists and government advisors have long sought to understand what influences conflicts and how to predict them. Despite constant war, a commonly used empirical theory that can answer this question has not emerged. The majority of theories created are either conflict-specific or not empirically testable. Considering these factors, I sought out a theory that would help me better understand Russia's choice to invade Ukraine in the spring of 2022. I selected the offense-defense theory due to its many attempts to explain territorial conquest, the likeliness of conflict, and overall losses. The main focus of the theory is to explain …

Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen

Faculty Scholarship

No abstract provided.

Deconstructing The Decolonizing Plot Of The Tydings-Mcduffie Act: A Review Of America's International Relations In Asia In The Early Twentieth Century, Alvin Hoi-Chun Hung

University of Pennsylvania Asian Law Review

The Tydings-McDuffie Act was enacted in 1934 to establish a designated path for the Philippines, then an American colony, to become independent after a ten-year transition period. This article looks into the macro-environment of the Asia-Pacific region in the 1930s regarding the impact of the Soviet Union, the Republic of China, the Shōwa empire of Japan, and its puppet state “Manchukuo” in China, embedded within the innumerable socio-political and economic conflicts between the U.S. and the Philippines. The Tydings-McDuffie Act is critically examined to assess its underlying decolonizing plot of the political and economic relationship between the U.S. and the …

Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland

Baker Scholar Projects

The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle

Briefs

No abstract provided.

The National Security Consequences Of The Major Questions Doctrine, Timothy Meyer, Ganesh Sitaraman

Faculty Scholarship

The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms.

In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare …

The Chorus Doctrine: Promoting Sub-National Diplomacy In Regional Growth Management, Conor J. Mannix

Washington Law Review

Sub-national diplomacy, also known as paradiplomacy, occurs when sub-national actors (think cities or states) engage in international relations, either with other sub-national actors or nation-states. Though typically the province of foreign policy scholarship, paradiplomacy touches on several legal issues, particularly where sovereignty and legal frameworks collide. In the United States, the federal system established by the Constitution gives individual states plenary power but reserves international relations to the federal government through the Supremacy Clause. However, the lines between federal power and state power with regards to international relations remain fuzzy.

Sub-national actors are taking advantage of this lack of sharply …

Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil

Independent Study Project (ISP) Collection

Separated by only 14 kilometers of water from Spain, Morocco has become a common destination for many sub-Saharan irregular migrants trying to reach Europe. With a large population of these migrants, Morocco has had to make important decisions on how to manage its irregular migrant population. However, the terrible conditions and regular violations of human rights that irregular migrants in Morocco are subject to lead one to ponder the role that international relations has and the extent to which human rights is a consideration in the policymaking of irregular migration. Applied to the three primary theories of international relations, liberalism, …

Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …

The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness, Diana C. Mutz, Beth A. Simmons

All Faculty Scholarship

This study assesses the impact of international border walls on evaluations of countries and on beliefs about bilateral relationships between states. Using a short video, we experimentally manipulate whether a border wall image appears in a broader description of the history and culture of a little-known country. In a third condition, we also indicate which bordering country built the wall. Demographically representative samples from the United States, Ireland, and Turkey responded similarly to these experimental treatments. Compared to a control group, border walls lowered evaluations of the bordering countries. They also signified hostile international relationships to third-party observers. Furthermore, the …

Metaphors Of International Law, Harlan G. Cohen

Scholarly Works

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

The Legal Basis Of The Illegitimate Invasion And Occupation Of Iraq

UAEU Law Journal

The invasion and occupation ofIraqin 2003 had a big impact on international relations and the United Nations organization. The author will argue the illegitimacy of such an invasion and will point out the legal basis of said argument. All American allegations to justify the invasion of Iraq will be examined and will be proven illegitimate.

The study will also include a discussion on whether the invasion of Iraq can be considered as a crime against peace, and whether the American and British soldiers in Iraq committed war crimes and genocide. Next, the types of courts which have jurisdiction over such …

Seeing In Stereo, Anne-Marie Slaughter

The US Army War College Quarterly: Parameters

No abstract provided.

Wither Away State Right To Wage War Unilaterally, Giovanni Distefano

UAEU Law Journal

One only has to look into the history of international relations to realize that the use of force has been intrinsically related to the ius gentium. For example, it is quite revealing that international law, as a scientific discipline, emerged from this relation. There are also many publications from the founding fathers that are related to this branch of law and which tittles specifically mentioned the law in war. To this end, one can relate to the works of De Vitoria, Suarez, Molina, Grotius, etc. Thus, it would not be too bold to claim that the modern international order …

Are We (Americans) All International Realists Now?, Harlan G. Cohen

Scholarly Works

Is American international law distinctly legal realist? The claim is often made, but underexplored. What would it mean for American international law scholarship and practice to be legal realist in its orientation? Where would such an orientation come from, and what do those origin stories mean for current international law work? Are there common realist-inspired approaches within the varied schools of American international law scholarship? Does wielding those approaches produce distinctly American views on international law doctrine, its operation, or its function? And if American international law scholarship and practice is, in these ways, somewhat distinct, what does it mean …

International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer

Scholarly Works

Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …

The Robber Wants To Be Punished, Uri Weiss

Touro Law Review

It is a commonly held intuition that increasing punishment leads to less crime. Let us move our glance from the punishment for the crime itself to the punishment for the attempt to commit a crime, or to the punishment for the threat to carry it out. We argue that the greater the punishment for the attempted robbery, i.e., for the threat, "give me your money or else," the greater the number of robberies and threats there will be. The punishment for the threat makes the withdrawal from it more expensive for the criminal, making the relative cost of committing the …

Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans

All Faculty Scholarship

The Liberal International Order is in crisis. While the symptoms are clear to many, the deep roots of this crisis remain obscured. We propose that the Liberal International Order is in tension with the older Sovereign Territorial Order, which is founded on territoriality and borders to create group identities, the territorial state, and the modern international system. The Liberal International Order, in contrast, privileges universality at the expense of groups and group rights. A recognition of this fundamental tension makes it possible to see that some crises that were thought to be unconnected have a common cause: the neglect of …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …

Cooperation In The International System: An Interdisciplinary Investigation At The Intersection Of International Relations And International Law, Kalyani Unkule

Maurer Theses and Dissertations

A conversation between the disciplines of International Relations and International Law illuminates the nature of interstate cooperation and enhances our understanding of the nature and potential of international law. There are methodological and practical asymmetries between International Relations and International Law which create ideal conditions for interdisciplinary work. Studying international cooperation on protecting cultural heritage enable us to address the above questions and reevaluate and extend underlying theoretical frameworks.

The Effects Of A Powerful Military On Compliance With International Human Rights Tribunals, Ian Z. Sheppard

Honors College Theses

Are states with a powerful military force less likely to comply with European Court of Human Rights (ECtHR) and Inter-American Court of Human Rights (IACtHR) judgements and rulings? The main foundation of the paper is built upon Hillebrecht’s definition of compliance and why a particular state complies with the rulings of the ECtHR and IACtHR. Domestic institutions are the driving force behind a state’s willingness to comply because of the significant lack of enforcing power behind these international institutions. The goal of the paper is to expand upon what Hillebrecht started by looking past the basic domestic institutions like executive …

Nigeria's Membership In The Organization Of Islamic Cooperation: Origin, Nature, And Impact, Eddy Aitah

FIU Electronic Theses and Dissertations

This thesis explores Nigeria’s membership into the Organization of Islamic Cooperation (OIC), covertly instituted by General Ibrahim Babangida who rose to power as Nigeria’s military head of state in 1985, a strategic move that resulted in socioeconomic benefits which improved the standard of living of the people of Nigeria. Regionally divided, Muslim influence on the north, and Christian to the south. The commingling with other traditional Nigerian religious cultures, sociopolitical strategies, and legislative protocol are contested by these opposing factions on a continuum. Using archival research methods, both textual and multimedia, this work posits that despite the religious controversies and …

Educating Strategic Lieutenants At West Point, Scott A. Silverstone

The US Army War College Quarterly: Parameters

This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl

Charlotte Ku

No abstract provided.

Pacta Sunt Servanda State Legalization Of Marijuana And Subnational Violations Of International Treaties: A Historical Perspective, Brian M. Blumenfeld

Pepperdine Law Review

In November 2012, voters in the states of Colorado and Washington passed ballot initiatives to legalize recreational marijuana industries. Since then, eight additional states and the District of Columbia have followed suit, and many more have seen legalization debates in their legislative halls and among their electorates. Over twenty bills recently introduced in Congress have sought to break federal marijuana laws away from prohibition. Although the national debate is indeed a vibrant one, it has neglected to address how legalization may be jeopardizing the compliance status of the United States under international drug treaties, and what the consequences may be …

Reversing Course On Environmental Justice Under The Trump Administration, Uma Outka, Elizabeth Kronk Warner

Utah Law Faculty Scholarship

This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking racial and income lines. As a result of decades of advocacy, environmental justice has become an established, if not realized, principle in environmental law. Shifting positions under the Trump Administration now undermine this progress. To illustrate, this Article uses three exemplary contexts — agency transition, environmental law implementation, and international relations on climate …

Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law, Susan Block-Lieb

Michigan Journal of International Law

What motivates the choice between hard and soft law in the drafting of international commercial law, and what role does business play in the preference between the two? Broad disagreement exists in international law (IL) commentary as to motivations for reliance on soft international law. Traditionally, this commentary cast a wide gaze across both international public and private law, but debate about the use of hard or soft law is sharpened by focusing exclusively on international commercial lawmaking. Traditionally, IL commentary considered only on states' interests in crafting international law and ignored business interests. But recent scholarship has begun to …

The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan G. Cohen

Scholarly Works

A feature of the Norman J. Shachoy Symposium: The Rabbinic Idea of Law: Interactions and Implications

Inspired by Chaim Saiman’s brilliant book, Halakhah: The Rabbinic Idea of Law, this essay draws connections between the lived experiences of international law and Jewish law, focusing in particular on (1) the centrality of practice, (2) the search for and construction of authority in communities of practice (the “invisible college”), (3) the challenges and opportunities of fragmentation and pluralism, and (4) the difficulty translating their methods to more state-like institutions, like courts and legislation. The hope is that this testimony of one of H.L.A. …