Social and Behavioral Sciences Commons^™

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …

Mediating Ethnic Conflict: Kofi Annan In Kenya, Trevor Keck

Trevor Keck

In late 2007, ethnic based violence broke out in Kenya in response to a fraudulent election. This article describes the international response, focusing on the Kofi Annan-led African Union (AU) mediation in early 2008, and analyzes whether the mediation should constitute success, as well as what lessons may be learned from the mediation. Despite shortcomings, the author argues the mediation was successful, as it played an instrumental role in ending the post-election violence, led to a change in behavior of the principals, and secured the creation of several mechanisms to address the root causes of Kenya’s governance crisis. The paper …

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Michael P. Van Alstine

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott

Michael K Marriott

With 27 member states, the EU is not a body in and of itself, but rather is a central authority constituted of its member states. In order to create a reasonable level of coherence within the Union, the national politics of each member state must undergo a process of Europeanization so as to find a common ground for the members to work together. This leads to the logical question: ‘to what extent are national politics Europeanized?’ Although important to consider, this question is overly broad for the purposes of this paper. A more appropriate question, one that exists within the …

Utilizing The Past To Shape The Future: The Rehabilitation Of Child Soldiers In Darfur, Michael K. Marriott

Michael K Marriott

Child soldiering, an unfortunate reality of war, has become increasingly common in modern warfare. With world attention focused on the genocide taking place in the Darfur region of Sudan, issues regarding the use of child soldiers in the conflict have come to light. By providing an overview of the use of child soldiers both globally and in Sudan, discussing the relevant legal norms theoretically governing the country and providing a case study on Sierra Leone, this paper ultimately provides an analysis and proposed framework for comprehensive programs that could be put into action after cessation of hostilities in an attempt …

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2010 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.

A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral

Ignacio de la Rasilla del Moral, Ph.D.

Illiteracy rate in Spain at the turn of the 20th century was of 63.8% and 16.000 students - out of a total Spanish population of 18.6 million - attended the 10 existing Spanish universities. 2.000 university titles were accorded, half of which in Law in 1900, and 200 students obtained their doctorates by the Central University of Madrid which held the academic monopoly of doctoral studies at the time. In 1902, the Bulletin of the Institution of Free Teaching published a chronicle signed by Aniceto Sela y Sampil on the didactic methods he employed to teach Public and Private International …

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Faculty Working Papers

In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.

New Approaches To Customary International Law, Anthony D'Amato

Faculty Working Papers

Reviews Eric A. Posner, The Perils of Global Legalism; Andrew T. Guzman, How International Law Works; Brian A. Lepard, Customary International Law.

After a century of benign neglect, international theorizing has taken off. The three contributors to legal theory reviewed here can be placed along a linear spectrum with Posner at the extreme political science end, Lepard at the opposite international law end and Andrew Guzman holding up the middle.

Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher Totten

Faculty and Research Publications

This Article consists of four parts. Part I addresses the US approach to immunity for current and former foreign heads of state as well as the related issue of foreign official immunity. Part I includes a discussion of the 2010 US Supreme Court case of Samantar, which addresses foreign official immunity. Part II explores head-of-state and official immunity under international law, including a discussion of Democratic Republic of the Congo v. Belgium decided by the International Court of Justice ("ICJ"), the Charles Taylor immunity decision of the Special Court for Sierra Leone, the ongoing case by the ICC against Sudanese …