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How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen 2016 Duke Law School

How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen

Faculty Scholarship

This article provides a novel and provocative framework to assess the varied authority of international courts (ICs). We generate practicable metric that assesses de facto IC authority according to a conjunctive standard — the recognition of an obligation to comply with IC rulings, and the engagement in meaningful actions that push toward giving full effect to IC rulings. We then identify five possible types of IC authority — no authority in fact, narrow, intermediate, extensive, and public authority — that correspond to the different audiences for IC rulings. The goal of this metric is to help the contributors to a symposium on ICs ...


The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds 2016 Belfer Center for Science and International Affairs, Harvard Kennedy School, Harvard University, USA

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

An emerging set of proposed technologies to reduce risks from climate change stands to dramatically alter the international politics of climate change and potentially much more. These large-scale intentional interventions in natural systems, typically called ‘climate engineering’ or ‘geoengineering’, may be able to break through the collective action problem of greenhouse gas emissions cuts and greatly reduce climate risks rapidly and at low cost. At the same time, they pose their own environmental and social risks while potentially turning international climate politics ‘upside down’. Tensions brought about by climate engineering could conceivably lead to international conflict and pose a threat ...


Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

While there is growing international and regional promotion of cultural diversity and acknowledgment of the importance of cultural heritage to the maintenance and development of individual and collective identities, the capacity of groups (and individuals) to effectively engage in its protection remains less defined. This is because international law (and international society) remains dominated by the interests and concerns of states, particularly in the field of cultural heritage. This chapter focuses on indigenous peoples’ efforts to participate in United Nations’ initiatives for the protection and promotion of intangible cultural heritage to explore the participation by non-state actors and the responses ...


Standing And Collective Cultural Rights, Ana Filipa Vrdoljak 2016 University of Technology, Sydney

Standing And Collective Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of ...


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton 2015 Cornell Law School

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either ...


Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley 2015 Emory University

Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley

Christian J Bromley

The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on ...


The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu 2015 Seattle University

The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy ...


International Environmental Law And The Global South, Carmen G. Gonzalez 2015 Seattle University

International Environmental Law And The Global South, Carmen G. Gonzalez

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy ...


Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression: Will It Be Enforced?, Allen E. Shoenberger 2015 Loyola University Chicago, School of Law

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression: Will It Be Enforced?, Allen E. Shoenberger

Allen E Shoenberger



Los Efectos Nacionales De La Sentencia Interamericana, Elard Ricardo Bolaños Salazar 2015 Miembro del Centro de Estudios de Derechos Humanos y Alumno de la Facultad de Derecho de la Universidad de San Martín de Porres

Los Efectos Nacionales De La Sentencia Interamericana, Elard Ricardo Bolaños Salazar

Elard Ricardo Bolaños Salazar

En el presente trabajo, el autor explica los alcances vinculantes de las decisiones de la Corte Interamericana de Derechos Humanos con sencillez y claridad, sobre la base de la jurisprudencia de los máximos tribunales de varios países de la región. Con la reciente expedición de la sentencia en el caso Cruz Sánchez (más conocido como Chavín de Huántar) y las discusiones surgidas respecto a lo que la Corte ha ordenado, este trabajo se presenta como una herramienta útil para determinar los efectos que tendrá esta sentencia.


Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest 2015 Michigan State University College of Law

Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest

Sean Pager

INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?

Sean A. Pager Michigan State University College of Law

Eric Priest University of Oregon School of Law

ABSTRACT

This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target ...


The International Law Of Game Of Thrones, Perry S. Bechky 2015 International Trade & Investment Law PLLC

The International Law Of Game Of Thrones, Perry S. Bechky

Perry S. Bechky

Game of Thrones depicts a violent and, some might say, lawless world. Few would think that world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text ...


The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn 2015 Loyola University Chicago, Law School

The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn

John C. Dehn

After over thirteen years of continuous armed conflict, neither courts nor scholars are closer to a common understanding of whether, or how, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates the first normative theory regarding the relationship of customary international law to U.S. domestic law that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to better articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law to U.S. law ...


A Child’S Right To A Family Versus A State’S Discretion To Institutionalize The Child, Richard R. Carlson 2015 South texas College of Law

A Child’S Right To A Family Versus A State’S Discretion To Institutionalize The Child, Richard R. Carlson

Richard R Carlson

International law, represented particularly by the U.N. Convention of the Rights of the Child (CRC), declares that a child has the right to be raised in a "family environment." Nevertheless, the CRC grants states the discretion to institutionalize children who are without functioning families. States have this discretion because the CRC does not require states to arrange, facilitate, or even allow for child placement in a permanent, substitute family. In this article, I describe this contradiction in international law--a child's right a family environment versus the state's discretion to institutionalize the child--and I explore the possible reasons ...


Unpacking The International Law On Cybersecurity Due Diligence: Lessons From The Public And Private Sectors, Scott J. Shackelford 2015 Indiana University - Bloomington

Unpacking The International Law On Cybersecurity Due Diligence: Lessons From The Public And Private Sectors, Scott J. Shackelford

Scott Shackelford

Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to their respective private sectors. The International Court of Justice (“ICJ”) has not yet explicitly considered this topic, though it has ruled in the Corfu Channel case that one country’s territory should not be “used for acts that unlawfully harm other States ...


Traditional Knowledge Rights And Wrongs, Sean Pager 2015 Michigan State University College of Law

Traditional Knowledge Rights And Wrongs, Sean Pager

Sean Pager

SourceURL:file://localhost/Users/sean/Documents/Folklore%20TK/Unpacking%20ABSTRACT.doc

Traditional Knowledge Rights and Wrongs

Sean A. Pager, Michigan State University

ABSTRACT

Should the intangible heritage of indigenous people be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives ...


Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe 2015 Special Tribunal for Lebanon

Accountability For “Crimes Against The Laws Of Humanity In Boxer China: The Experiment With International Justice At Paoting-Fu, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

This paper covers a significant but generally unknown and understudied caesure in the development of international criminal law occurred during the Boxer Rebellion, an anti-Western and anti‑Christian peasant insurgency mostly located in Northeast China. During the early stages of the Chinese intervention, at a time when the relief force was still bogged down in Beijing, approximately seventy Christians were gruesomely murdered in Paoting-fu. Securing and “punishing” the city became a priority for Western military forces, who began the necessary short march southward once Beijing’s Legation Quarter was cleared of Boxers. The Poating-fu operation could have taken the form ...


Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer 2015 University of Georgia School of Law

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.


Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin 2015 University of Georgia School of Law

Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin

Georgia Journal of International & Comparative Law

No abstract provided.


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