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Full-Text Articles in International Law

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer Apr 2018

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati Jan 2018

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival Dec 2017

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival

Mark P Nevitt

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions.  Yet they differ dramatically in their governing legal regimes.  For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work.  Now climate change is challenging this model.  It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll Dec 2017

Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll

Gregor Noll


In this contribution I argue that the asylum and migration control policies of the EU are usefully analysed as an expression of liberal thought. I will show how the roots of these policies go all the way back to the creation of the Union in the 50s and illustrate how this heritage affects the prevailing rules in the areas of migration and asylum. I shall also highlight how this order was paradoxically strengthened during the crisis of 2015 and 2016. I will explain why the concept of solidarity in EU law is poorly constructed and map possible solutions. If the ...


Personal Jurisdiction And Aliens, Scott Dodson, William Dodge Dec 2017

Personal Jurisdiction And Aliens, Scott Dodson, William Dodge

Scott Dodson

The increasing prevalence of noncitizens in U.S. civil litigation raises a fundamental question for the doctrine of personal jurisdiction: how should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal jurisdiction, in cases like Bristol-Myers Squibb v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of alienage personal jurisdiction. Under this theory, alienage status broadens the geographic range for minimum contacts from a single state to the whole nation. This ...


Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, Richard J. Goldstone Nov 2017

Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, Richard J. Goldstone

Maine Law Review

The Thirteenth Annual Frank M. Coffin Lecture on Law and Public Service was held in the fall of 2004. Justice Richard J. Goldstone, former Justice of the Constitutional Court of South Africa and pioneer for international justice and human rights, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law.


Reconsidering Trials In Absentia At The Special Tribunal For Lebanon: An Application Of The Tribunal's Early Jurisprudence, Maggie Gardner Nov 2017

Reconsidering Trials In Absentia At The Special Tribunal For Lebanon: An Application Of The Tribunal's Early Jurisprudence, Maggie Gardner

Maggie Gardner

Since Nuremburg, no individual has been prosecuted in an international or internationalized court entirely in his or her absence. That may soon change. The Special Tribunal for Lebanon, which is empowered to try defendants in absentia, has now confirmed its first indictment. While its trial in absentia procedures were met with concern and criticism from some quarters when they were first announced, reconsideration is warranted in light of subsequent judicial developments. The judges of the Special Tribunal for Lebanon have now established in their preliminary decisions an interpretive approach to the Tribunal’s Statute that is adamantly purposive. This purposive ...


Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin Nov 2017

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Jens David Ohlin

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear ...


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak Nov 2017

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups. Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings. This gender-based violence has rendered women ...


Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc Nov 2017

Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc

Maine Law Review

The perspectives of French lawyers concerning international law and international institutions are formed largely by the basic course in public international law that they took as law students. Students in the course attend formal lectures by the professor (cours magistraux) and often supplementary section meetings, or tutorials, with instructors (travaux diriges), as well as read all or part of a basic textbook (manuel) in public international law and other assigned materials. One way to gain insight into the fundamental ways of thinking about international law of French lawyers and law-trained officials is to take a close look at the manuels ...


Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier Nov 2017

Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier

Maine Law Review

A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely accepted dichotomy fails to take into account ...


Collective Security And The International Enforcement Of International Law: French And American Perspectives, Ana Peyró Llopis Nov 2017

Collective Security And The International Enforcement Of International Law: French And American Perspectives, Ana Peyró Llopis

Maine Law Review

Is the American perspective on the enforcement of international law compatible with the French perspective? For American legal scholars, the term enforcement is sometimes used as the equivalent of the following French notions: mise en oeuvre, application, and also coercition. The American term enforcement appears to be used in situations where the French prefer legal terms that are closer to the connotation of implementation rather than that of enforcement. What are the consequences of the use of such different terms? Is there, behind the use of different language, with different meanings and approaches, a different perspective on the enforcement of ...


Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier Nov 2017

Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier

Maine Law Review

The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of ...


Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer Nov 2017

Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer

Maine Law Review

Exorbitant territorial jurisdiction in civil cases comprises those classes of jurisdiction, although exercised validly under a country's rules, that nonetheless are unfair to the defendant because of a lack of significant connection between the sovereign and either the parties or the dispute. The United States, France, and most of the rest of the world exercise a good deal of exorbitant jurisdiction so defined. In the United States, an emphasis on power derived from territoriality has led to jurisdictional restraint in some respects, but has also allowed general jurisdiction based solely on transient physical presence, the attachment of property, or ...


Application Of Treaties And Decisions Of International Tribunals In The United States And France: Reflections On Recent Practice, Martin A. Rogoff Nov 2017

Application Of Treaties And Decisions Of International Tribunals In The United States And France: Reflections On Recent Practice, Martin A. Rogoff

Maine Law Review

In recent years, with the growth of international treaty law and the increasing role of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance. This is not only because such questions are arising with increasing frequency, but also because the way in which they are handled by domestic courts has a lot do with the efficacy of international law. As a practical matter, the rules of conventional international law and the decisions of international tribunals, if applied or effectuated by domestic courts, may very well ...


Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin Nov 2017

Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin

Maine Law Review

Despite the divergences that have regularly separated the United States and France, or at the very least their officials-who unfortunately influence public opinion as well-there are, in my opinion, more similarities than differences than one would believe between these two countries' approaches to international relations. They both feel that they have a calling to defend the advancement of universal values in the world in order to further humanity along the road of peace, democracy, happiness, and justice. The United States, which can be considered a relatively new country, values respect for human rights, free enterprise, equal opportunity for everyone, individual ...


France, Europe, The United States, Abdelkhaleq Berramdane Nov 2017

France, Europe, The United States, Abdelkhaleq Berramdane

Maine Law Review

Fascination and rejection have always characterized Franco-American relations, like an old couple who are not able to forgive: for France, the battle of Yorktown where Lafayette and Rochambeau contributed to the independence of the former British colonies; for the United States, American participation, twice, in the liberation of France. Neither one willing to credit its salvation to the other. A tumultuous relationship very much resembling the rocky history of the Statue of Liberty ("Liberty Enlightening the World"), offered by a still fragile Republic to a distant sister, who only begrudgingly offered it a pedestal. For centuries French literature has been ...


Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom Nov 2017

Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom

Maine Law Review

In the months leading up to the U.S. intervention in Iraq in March 2003, the dialogue between the United States and France on the appropriate course of action to take in response to Iraq's report on its weapons of mass destruction revealed differences between these traditional allies as to the options available under international law. These differences did not center on the goals of any proposed action-both sides in fact agreed upon the goals, which were to ensure there were no weapons of mass destruction; to prevent an increase in terrorist activity; and to address the continuing violations ...


French And American Perspectives On International Law: Legal Cultures And International Law, Emmanuelle Jouannet Nov 2017

French And American Perspectives On International Law: Legal Cultures And International Law, Emmanuelle Jouannet

Maine Law Review

I want to begin my consideration of French and American perspectives on international law by addressing more generally the question of the relationship between legal culture and international law in order to broadly contextualize the descriptions of French and American perspectives on international law that are the subject of this Article. I would like to stress at the outset that it seems to me that there does not exist any global or cosmopolitan vision of international law, but, on the contrary, an inevitable multiplicity of particular national, regional, individual, and institutional visions. This is so because the actors in the ...


After The Fog Of Reform: Democratic Consolidation In Mexico And Turkey, Evren Celik Wiltse Nov 2017

After The Fog Of Reform: Democratic Consolidation In Mexico And Turkey, Evren Celik Wiltse

Evren Celik Wiltse

Mexico and Turkey experienced significant changes in their political systems in recent decades including a series of reforms to improve their semi-democratic regimes. Both countries had established similar political and socio-economic structures in the early years of their modern republican regimes. Protectionist, state-led development models and highly regulated, corporatist forms of interest mediation continued until they faced severe crisis in the 1980s. Subsequently, both countries adopted the hegemonic neoliberal model. Rapid economic liberalization initiatives were coupled with gradual expansion in political rights and civil liberties. At the turn of the new millenium, the political apertura had beared fruit in Mexico ...


A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose Nov 2017

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one ...


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak Nov 2017

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women ...


Gender, Displacement And Transitional Justice, Sinead Mcgrath Nov 2017

Gender, Displacement And Transitional Justice, Sinead Mcgrath

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


Factors Affecting Domestic Refugee Policy Development: An Analysis Of South Korea’S Case, Yun Ju Kang Nov 2017

Factors Affecting Domestic Refugee Policy Development: An Analysis Of South Korea’S Case, Yun Ju Kang

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Asia is no exception to the global refugee crisis. The number of asylum-seekers in Asian countries has escalated very quickly in recent years. In the United States, President Trump's recent executive orders suspended refugee admissions, and hostile immigration policy sparked the controversy about refugees.

The rising number of refugees and migrants from the Middle East, Africa, and South Asia created political conflicts inside the European countries. The refugee issue has emerged as a global problem.

How is the world dealing with these refugee situations? What are the common barriers in designing humanistic refugee policy, and what is the best ...


Faith-Based Approaches To Asylum: New Appeals To Accountability? Using Faith-Based Principles As Soft Law, Jinan Bastaki Nov 2017

Faith-Based Approaches To Asylum: New Appeals To Accountability? Using Faith-Based Principles As Soft Law, Jinan Bastaki

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Can a faith-based approach encourage states to provide greater protection for those seeking refuge and asylum? In response to the fleeing of Syrian refugees to Turkey, Turkish President Recep Tayyip Erdogan stated numerous times that the Turkish were the anṣār — an Arabic word loosely translated as ‘supporters’ or ‘champions’ — of the Syrian refugees, making the reference to the people of the city of Medina who offered refuge and a home to Prophet Muhammad and his followers fleeing the persecution of Mecca.

The reference to the anār of Muhammad gives the impression that Turkey’s act of welcoming the ...


The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer Nov 2017

The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Serious problems exist for cultural heritage protection, and these problems are even more serious when accounting for the protection of sacred space and holy places. The lack of effectiveness of the majority of existing international norms and institutions will be reviewed in this paper, which shall then turn to potential sources for entrenching protection of scared space within states.

The paper shall rely on the human right to freedom of religion or belief as the basis for upholding sacred space given an emerging broader understanding of the right within the human rights framework.

The paper shall principally focus on the ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel Nov 2017

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


Intelligence Gathering In The Exclusive Economic Zone, Efthymios Papastavridis Nov 2017

Intelligence Gathering In The Exclusive Economic Zone, Efthymios Papastavridis

International Law Studies

The article explores the contours of intelligence gathering in the Exclusive Economic Zone (EEZ) under the international law of the sea. Intelligence gathering in the maritime domain is significant for military and law enforcement purposes and for both coastal States and other States. Intelligence gathering attains even more prominence in the EEZ due to the sensitive location and importance of resources to the coastal State, while the sui generis legal nature of this zone adds further complexity to this inquiry. Indeed, the law of the sea, as reflected in the Law of the Sea Convention, neither explicitly prohibits nor permits ...


An Analysis On Wreck Related National Laws Of The Republic Of Korea Considering The Nairobi International Convention On The Removal Of Wrecks, 2007, Byoung-Yun Lee Nov 2017

An Analysis On Wreck Related National Laws Of The Republic Of Korea Considering The Nairobi International Convention On The Removal Of Wrecks, 2007, Byoung-Yun Lee

World Maritime University Dissertations

No abstract provided.


Study On The Implementation Of The Port Reception Facilities Regulations Of Marpol In Vietnam, Thanh Hoang Nguyen Nov 2017

Study On The Implementation Of The Port Reception Facilities Regulations Of Marpol In Vietnam, Thanh Hoang Nguyen

World Maritime University Dissertations

No abstract provided.