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2010

International Law

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Articles 1 - 30 of 31

Full-Text Articles in Social and Behavioral Sciences

Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy Nov 2010

Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy

2010 World Energy Justice Conference (November 5)

This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace small …

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Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken Oct 2010

Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken

Independent Study Project (ISP) Collection

This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …

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Reform Of The United Nations Security Council: A Rope Of Sand, Alice Minor Oct 2010

Reform Of The United Nations Security Council: A Rope Of Sand, Alice Minor

Independent Study Project (ISP) Collection

For nearly two decades the international community has debated how to address reform of the United Nations Security Council. Many argue that it is imperative that the United Nations Security Council be reformed for the body to maintain its relevance and legitimacy in the Twenty-first Century. The original United Nations Charter endowed special voting privileges and permanent membership to the five powers that emerged victorious from World War Two. These five powers no longer describe the international world order. Various reform groups such as the Group of Four, The United for Consensus movement, and the Africa Group have proposed reform …

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Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby Oct 2010

Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby

Independent Study Project (ISP) Collection

The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …

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Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino Oct 2010

Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino

Independent Study Project (ISP) Collection

Diversification, a buzzword in the Middle East for much of the past two decades can only be likened to the phrase “dependence on foreign oil” used by American politicians during US elections. And indeed much like the latter has been mentioned by every president since Richard Nixon, it seems as if diversification is being sung in a round by kings presidents and sultans throughout the oil producing nations of the world, but still to no avail. Oman has been trumpeting diversification in five-year plan after five-year plan of which they are currently in their seventh (2006 - 2010) with an …

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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 Sep 2010

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

Congressional Testimony

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 …

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The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud Sep 2010

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

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Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden Aug 2010

Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden

All Faculty Scholarship

International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into question …

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Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert Jul 2010

Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert

Faculty Publications and Presentations

This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.

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The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay Jul 2010

The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …

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At The Intersection Of Neoliberal Development, Scarce Resources, And Human Rights: Enforcing The Right To Water In South Africa, Elizabeth A. Larson May 2010

At The Intersection Of Neoliberal Development, Scarce Resources, And Human Rights: Enforcing The Right To Water In South Africa, Elizabeth A. Larson

International Studies Honors Projects

The competing ideals of international human rights and global economic neoliberalism come into conflict when developing countries try to enforce socio-economic rights. This paper explores the intersection of economic globalization and the enforcement of 2nd generation human rights. The focus of this exploration is the right to water in South Africa, specifically the recent Constitutional Court case Mazibuko v City of Johannesburg. While a right to water can be constructed at the international level, the right disappears in the face of neoliberal development measures such as those that are instituted by democratic governments in developing nations faced with limited resources.

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International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews Apr 2010

International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Research

The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …

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Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele Jan 2010

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.

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A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato Jan 2010

A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato

Faculty Working Papers

If any one sentence about international law has stood the test of time, it is Louis Henkin's: "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time." If this is true, why is this true? What makes it true? How do nations invent rules that then turn around and bind them? Are international rules simply pragmatic and expedient? Or do they embody values such as the need for international cooperation? Is international law a mixed game of conflict and cooperation because of its rules, or do its rules make …

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Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh Jan 2010

Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh

All Faculty Scholarship

No abstract provided.

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Is International Law Part Of Natural Law?, Anthony D'Amato Jan 2010

Is International Law Part Of Natural Law?, Anthony D'Amato

Faculty Working Papers

The affinity of international law to natural law goes back a long way to the classic writers of international law. "Natural law" is the method of dispute resolution based on a conscious attempt to perpetuate past similarities in dispute resolution. "International law" has a deep affinity to this natural law method, for it consists of those practices that have "worked" in inter-nation conflict resolution.

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Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato Jan 2010

Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato

Faculty Working Papers

Churchill had been given at least forty-eight hours' warning that Coventry would be hit. He could have warned the people of Coventry of the impending attack. Yet Churchill determined that any advance warning to the people of Coventry would have enabled the Germans to deduce that their top secret code had been broken. The coded intercepts provided evidence of the Holocaust in progress. Other ways to reveal information that could have by-passed the code system existed, thus providing warning to the public while maintaining a strategic advantage. The international law of genocide would have to develop to go beyond intentional …

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There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato Jan 2010

There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato

Faculty Working Papers

Comments on Prof. Jianming Shen's position that humanitarian intervention is unlawful under international law and that there is a principle of non-intervention in international law that is so powerful that it amounts to a jus cogens prohibition.

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The Moral And Legal Basis For Sanctions, Anthony D'Amato Jan 2010

The Moral And Legal Basis For Sanctions, Anthony D'Amato

Faculty Working Papers

In order to analyze the moral and legal basis for sanctions in international relations, we have to begin at a stage where there is no centralized government in place. We first need to get a picture of the range of possible sanctions. Next, we need to see what role sanctions play in the international system. Finally, we turn to the intertwined moral and legal considerations that make well-designed sanctions efficacious in today's world. The fundamental objective of sanctions in interstate relations is to make it expensive for a target state to refrain from doing what the sanctioning state wants it …

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World Conferences And The Cheapening Of International Norms, Anthony D'Amato Jan 2010

World Conferences And The Cheapening Of International Norms, Anthony D'Amato

Faculty Working Papers

As long as we understand that world conferences only address problems, we will not be disappointed in them. We will only be disappointed if we think that a world conference is supposed to solve problems. Is there any point in getting a lot of people together, at great expense, just to address a problem without any prospect of solving it? My answer is a qualified yes. A world conference is a cultural artifact. It has an impact upon our collective sense of civilization.

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Illustrating Illegitimate Lawfare, Michael A. Newton Jan 2010

Illustrating Illegitimate Lawfare, Michael A. Newton

Vanderbilt Law School Faculty Publications

Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide practitioners. Clearly addressing the terminological imprecision in current understandings of lawfare, this essay is intended to help prevent further erosion of the corpus of jus in bello. Words matter, particularly when they are charged with legal significance and purport to convey legal rights and obligations. When purported legal “developments” actually undermine respect for the application and enforcement of humanitarian law, they are illegitimate. Although the laws and …

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Wikipedia And The European Union Database Directive, Jacqueline D. Lipton Jan 2010

Wikipedia And The European Union Database Directive, Jacqueline D. Lipton

Articles

“Web 2.0" and "User Generated Content (UGC)" are the new buzzwords in cyberspace. In recent years, law and policy makers have struggled to keep pace with the needs of digital natives in terms of online content control in the new participatory web culture. Much of the discourse about intellectual property rights in this context revolves around copyright law: for example, who owns copyright in works generated by multiple people, and what happens when these joint authored works borrow from existing copyright works in terms of derivative works rights and the fair use defense. Many works compiled by groups are subject …

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Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler Jan 2010

Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler

Articles by Maurer Faculty

This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …

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The President's Unconstitutional Treatymaking, David H. Moore Jan 2010

The President's Unconstitutional Treatymaking, David H. Moore

Faculty Scholarship

The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …

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Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore Jan 2010

Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore

Faculty Scholarship

No abstract provided.

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Outsourcing Investigations, Elena Baylis Jan 2010

Outsourcing Investigations, Elena Baylis

Articles

This article addresses the International Criminal Court’s reliance on third-party investigations in the absence of its own international police force. In addition to cooperation from sometimes reluctant states, the ICC and other international criminal tribunals have come to rely on a network of NGOs and UN entities focused on postconflict justice work to provide critical evidence. This reliance raised problems in the ICC Office of the Prosecutor's first case against Thomas Lubanga. The use of third-party evidence raises questions regarding confidentiality and disclosure, the integrity of the evidence-gathering process, and the equality of arms between the prosecution and the defense. …

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Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti Jan 2010

Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti

Articles

The debate in the United States over individual versus joint federal income tax filing is at something of a crossroads. For decades, progressive - and, particularly, feminist - scholars have urged us to abolish the joint return in favor of individual filing. On the rare occasion when scholars have described what such an individual filing system might look like, the focus has been on the ways in which the traditional family must be accommodated in an individual filing system. These descriptions generally do not take into account - let alone remedy - the tax system’s ongoing failure to address the …

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Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi Jan 2010

Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi

Articles

Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …

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International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White Jan 2010

International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White

All Faculty Scholarship

Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of federalism …

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Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Jan 2010

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Faculty Publications

No abstract provided.

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