International Law Commons^™

University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano

University of Baltimore Journal of International Law

Extraterritoriality is a negative form of transnationalism. It creates a paradox among state regulatory power because extraterritoriality can both govern the conduct of the state and also constrain the state in reacting to future transnational changes. In governing the state, extraterritoriality provides the state with the power to impose standards to control the activities within its borders. On the other hand, extraterritorialty constrains the state by hindering multi-state progression towards more efficient transnational developments. States have traditionally captured their autonomy in sovereignty, but extraterritorialty challenges this notion. This was an inevitable result, as extraterritoriality became a natural consequence that resulted …

The Necessity, Public Interest, And Proportionality In International Investment Law: A Comparative Analysis, Abdulkadir Gülçür

University of Baltimore Journal of International Law

This article deals with relations of the three concepts of international investment law which can be enumerated as “necessity,” “public interest,” and “proportionality.” These three concepts have been reviewed in the light of the relevant investment tribunals’ decisions and judgments of other international judicial bodies. In democratic governments, legal acts and actions must be based on the “public interest.” However, the “public interest” does not constitute by itself a determinative factor for lawfulness. The proportionality principle has a significant role in the investment arbitrations concerning whether the “public interest” aim is met. Albeit those inferences, the “public interest” claim is …

The Demand For Unilateral Secession In Catalonia: While The Cause Is Compelling, Secession Would Not Be Legal Under International Law, Logan Hayes

University of Baltimore Journal of International Law

Tensions between Catalonia and Spain have finally boiled over, leading to Catalonia’s decision to unilaterally secede from Spain. On October 1, 2017, an overwhelming 90% of voters chose to leave Spain in a referendum held by the Catalonian parliament. On October 10, 2017, Carles Puigdemont, President of Catalonia, gave a speech claiming that “with the results of the referendum on October first, Catalonia has earned the right to be an independent state.” The issue has now become whether Catalonia has the right, under international law, to maintain their unilateral secession from Spain in order to form their own independent nation. …

University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman

University of Baltimore Journal of International Law

International adoption has been lauded and derided by the public since its initial surge into popularity following the Second World War. While international adoptions are regulated by numerous legal instruments (international and domestic), problems of gender discrimination, exploitation, and human trafficking are widespread and systemic. This article examines the impacts of the circumspection of women’s rights generally and women’s reproductive rights on international adoption. Ultimately this article argues that foreign policy initiatives promoting women’s reproductive freedoms economic empowerment would mitigate the problematic features of international adoption and they would be an important step toward reducing adoption rates generally. This article …

China’S Approaches To The Western-Dominated International Law: A Historical Perspective From The Opium War To The South China Sea Arbitration Case, Anlei Zuo

University of Baltimore Journal of International Law

China’s approaches to international law are an example of non-Western peoples’ perspectives towards the Western-dominated international law. How has China understood and interacted with the Western- dominated international law since its modern history? This research provides a historical and evolutionary framework for “China and international law” to reveal China’s approaches to the Western dominated international law since the Opium War. It finds that China is historically critical and culturally conservative, and since the Opium War, it has interacted with the Western-dominated international law in a reluctant, instrumental and pragmatic way. The research concludes that the final goal of China’s participation …

Citizenship, Welfare, And National Sovereignty In Modern Europe, Evan G. Hebert

University of Baltimore Journal of International Law

No abstract provided.

War By Committee: An Examination Of Legislative War Powers, Nicholas Creel

University of Baltimore Journal of International Law

This paper will serve as an examination of the powers and limitations of the United States legislative branch of government in matters of war. In doing this, precedence will be given to specifically enumerated powers granted or withheld by the current Constitution of the United States. Founding documents, such as the Articles of Confederation and early state constitutions will also be examined and contrasted with the current legal regime in an attempt to better understand the true meaning behind the Constitution. International law, as it applies to American war powers, will also be examined when relevant.

Aretha Franklin Was Right: Respect, We Need It, Sophia Franzak

University of Baltimore Journal of International Law

No abstract provided.

In The Face Of Brexit, The United Kingdom Has No Choice But To Provide Data Protection For Individuals, Organizations And Law Enforcement Agencies By Updating Their Legal Framework, Which Is Based Upon A 20-Year-Old Act., Logan Hayes

University of Baltimore Journal of International Law

The United Kingdom currently relies upon the Data Protection Act of 1998 (DPA 1998) to set the legal framework for the protection of data. That act is nearly 20-years-old and should be updated to echo the way in which data is now used and generated in an ever-evolving digital world. Due to Brexit, there is a need to protect data through stronger laws governing data protection that will also set up appropriate safeguards. The Data Protection Bill, introduced to the House of Lords on September 13, 2017 has the potential to do just that. Not only does this Bill have …

Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness

University of Baltimore Journal of International Law

A network of agreements comprising the investment treaty law regime cover international investments. It is a system rife with abuses made possible by loopholes and an inconsistent body of law. The system is in a legitimacy crisis and many seek to dismantle it entirely. Numerous alternatives and improvements have been proffered but few impactful steps have been taken to mitigate the problems within it. This comment advocates for an incremental approach that keeps the parts of the system that work while removing aspects that enable the most egregious abuses.

The Stateless: Millions Of People Forgotten And Left Without Adequate Immigration Assistance, Where Does The United States Fit Into The Plight Of The Stateless?, Jasmine Pope

University of Baltimore Journal of International Law

What is citizenship? What does it mean to be American, French, Sudanese, Thai, or Bolivian? Is it simply being born in any given country or is it something more than that? These are questions that for many people, they rarely think about on a daily basis, and yet for some, this question plagues every second and every ounce of their being. On a Sunday afternoon in December, thousands of people watch National Football League games. Prior to the start of every game, the National Anthem is sung. Some fans sing along, some fans stand in silence, some players pray, and …

A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas

University of Baltimore Law Review

In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign. Modern historiography, however, has revealed the critical importance of the judiciary, the Justice Ministry, and the legal profession to maintaining the stability of the regime.

As an example, although the number of persons confined to concentration camps from 1933 to 1934 rose to as many as 100,000 people, most were quickly released. The number of concentration camp inmates thereafter …

University Of Baltimore Journal Of International Law, Volume 5, Issue 2 (2017-2018) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand

University of Baltimore Journal of International Law

The European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. …

The Continuum Of State Sovereignty: A Commentary On African Elections, K.C. O’Rourke

University of Baltimore Journal of International Law

Twenty-six African States hold elections between 2016 and 2017. More basic than campaign rhetoric and ethnocentric political jockeying, the state in Africa is ripe for a deeper engagement with notions of state sovereignty that are more relevant for this century as the African state seeks to exercise its core functions, protect its interests within its own geographic boundaries, and care for all of the people it seeks to govern. The intentional structuring of such a dialogue must be guided to secure the cornerstones of individual liberty and participatory democracy – two basic protective functions that uniquely belong to the nation-state. …

Inmates, Incarcerated And In Love: Predicting How The United States Would Respond To Marriages Between Inmates By Evaluating Case Law And The United Kingdom’S Decision, Madison H. Kyger

University of Baltimore Journal of International Law

No abstract provided.

About Law, Economics And Argumentation: The Forgotten Case Of Labor Concerns In Brazilian Competition Policy And Why It Still Matters, Alberto Barbosa Jr.

University of Baltimore Journal of International Law

No abstract provided.

The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh

University of Baltimore Law Review

More than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a military, …

Solomonic Judgments And The International Court Of Justice, Nienke Grossman

All Faculty Scholarship

This chapter, in a forthcoming book on legitimacy and international courts, analyzes the impact of Solomonic or "split the baby" judgments on the normative and sociological legitimacy of the International Court of Justice.

Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein

All Faculty Scholarship

Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address …

Achieving Sex-Representative International Court Benches, Nienke Grossman

All Faculty Scholarship

Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …

Student Comment: Ttip: A Free Trade Agreement That Strengthens The International Trade Environment And Enhances The Regulatory Powers Of The Wto, Suzanne De Deyne

University of Baltimore Journal of International Law

This comment discusses the Transatlantic Trade Investment Partnership (TTIP or the Partnership), a bi-lateral trade agreement between the United States and the European Union, in relation to the World Trade Organization (WTO). TTIP pushes the world towards greater trade liberalization, and if implemented, such a trade agreement would affect trillions of dollars in existing trade. When trade barriers are reduced, a significant amount of new possibilities open up, especially in regards to potential markets for exports, growth and improvement of competitive products, and reduction in the losses associated the border. Since its establishment, the WTO has sought to establish an …

Globalization, Global Governance, And Challenges To Contemporary Constitutionalism: The (Trans) Constitutional Perspective And The Dialogue Among Jurisdictions, Thaís Vandresen, Maria Cláudia S. Antunes De Souza

University of Baltimore Journal of International Law

This article focuses on the challenges facing contemporary constitutionalism before the irreversibility of globalization and the prospect of global governance. The goal of this article is to identify the proposals concerning the development of a global constitutionalism, as well as analyze the limits and possibilities of proposed trans-constitutionalism as an alternative to establish juridical “dialogues” among different legal normative orders. The study is justified, having in mind the need for re-contextualization of contemporary constitutionalism, given the fragility of the concept of sovereignty and the multiplicity of regulatory sources, especially concerning the international protection of human rights. Rationale inductive basis was …

Emerging Issues: Is A Grexit—A Greek Exit From The Eurozone—The Solution?, Ruby Devine

University of Baltimore Journal of International Law

“Greece is in its own Great Depression. But unlike the United States, it won’t be able to get back on its feet as quickly[.]”1 For over five years now, Greece has been doddering on the edge of disaster. Receiving its third bailout in five years, Greece is now faced with the task of implementing strict austerity controls that the Greek people have unequivocally rejected. If Greece were to default, one consequence is a Grexit, a Greek exit from the European Union, which many fear would compromise the delicate European system.2 On August 20, 2015, Greece narrowly avoided default on its …

A Case Study: Law And Emotions Within The Kingdom Of The Netherlands, Nanneke Quik-Schuijt, Irene Broekhuijse

University of Baltimore Journal of International Law

Whether you are a Christian or not, you cannot deny the truth of the proverb “[a] brother offended is more unyielding than a strong city, and quarrelling is like the bars of a castle,”1 especially when you study the constitutional relationship between the Netherlands and its former colonies Aruba, Curacao, and St. Maarten.

The Netherlands, Aruba, Curacao and St. Maarten are four countries that together constitute the Kingdom of the Netherlands.2 These countries feel so wronged by one another that emotions often take over. In July 2014, for instance, the Prime Minister of Aruba desperately went on a hunger strike …

Emerging Issues: South China Sea Takeover: Destroying Fisheries And Creating Economic Dead-Lands For Surrounding Coastal States, Aviana Cooper

University of Baltimore Journal of International Law

China’s rapid takeover of the South China Sea unequivocally goes against what the United Nations Convention on the Law of the Seas permits. China’s control has had, and will continue to have disparaging effects on neighboring countries in their shipment of supplies, food, and other materials. The reclamation of the island landmasses in dispute, the Spratly and Paracel islands, by China has grown about 50% since May 2015.1 Presently, China has built a 3,000 foot aircraft runway and reformed many of the coral reefs surrounding the islands into artificial islands for the “future” usage to place buildings and homes for …

University Of Baltimore Journal Of International Law Volume 4 No. 2 (2015-2016) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …