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North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable 2017 The University of Notre Dame Australia

North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable

The University of Notre Dame Australia Law Review

No abstract provided.


Due Process Abroad, Nathan Chapman 2017 University of Georgia

Due Process Abroad, Nathan Chapman

Scholarly Works

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up ...


A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa 2017 Fordham University School of Law

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa

Fordham Environmental Law Review

No abstract provided.


Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. HSIEH 2017 Singapore Management University

Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh

Research Collection School Of Law

The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics ...


Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles 2017 Pennsylvania State University, Dickinson Law

Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

These presentation slides were used at the December 2017 Fordham Regulation of Legal and Judicial Services Conference andwill be the basis for our forthcoming article in Volume 41 of the Fordham J. of International Law, entitled "The Relevance of FATF's Recommendations and the 4th Round of Mutual Evaluations to the Legal Profession."These slides focus on FATF’s 4th round of “Mutual Evaluations, which currently are underway.  During these mutual evaluations, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action for those countries whose lawyer regulation or implementation is not in compliance.  
 
As ...


The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep’S Clothing? , Meredith Kolsky Lewis 2017 Selected Works

The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep’S Clothing? , Meredith Kolsky Lewis

Meredith Kolsky Lewis

The Office of the United States Trade Representative (USTR) is currently negotiating with seven other countries to form a new trade agreement called the Trans-Pacific Partnership (TPP). The TPP has the potential to expand into a Free Trade Agreement of the Asia-Pacific (FTAAP). At present there are several competing models for Asia-Pacific economic integration that exclude the United States entirely. In such an environment, the TPP presents the United States with a welcome opportunity, not only to participate, but also to take a leadership role in establishing the terms for a region-wide agreement. Nevertheless, the USTR must make the TPP ...


The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis 2017 University of Maine School of Law

The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis

Maine Law Review

In the past thirty-five years, international human rights lawyers and, more recently, international environmental lawyers, have been invoking the Alien Tort Claims Act (ATCA) as a tool to prosecute human rights abuses committed abroad by transnational corporations (TNs) in U.S. federal courts. The ATCA provides: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Although plaintiffs' lawyers have experienced some success in the human rights context, most claims of environmental abuses have failed. In all ...


The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, Dan Cahill 2017 Boston College Law School

The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, Dan Cahill

Boston College Law Review

In the more than sixteen years since September 11, 2001, the United States has resolved, through policy at home and abroad, to vindicate the heroes and victims of that attack. From the creation of the Department of Homeland Security, to the raid that resulted in the death of Osama Bin Laden, the shockwaves of 9/11 have reverberated through America’s domestic and foreign policy ever since. In the only veto override of the Obama presidency, the 114th U.S. Congress brought the Justice Against Sponsors of Terrorism Act (“JASTA”) into force, intending to provide U.S. citizens with a ...


Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert 2017 Boston College Law School

Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert

Boston College Law Review

Worldwide seafood markets have a major problem: too often, the seafood listed on the menu is of a different species than what is served. This phenomenon—known as seafood fraud—and the related practice of illegal, unreported, and unregulated fishing threatens the sustainability of our oceans, poses health risks to consumers, and forces consumers to pay a high price for a cheap product. Previous domestic and international efforts to combat this issue have failed for a number of reasons, including the international nature of the industry, a byzantine supply chain, the large number of entities responsible for combatting the issue ...


Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin 2017 European Council on Foreign Relations

Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin

International Law Studies

This article proposes an alternative to the conventional way of deciding when a State may target or detain members of an armed group. Instead of asking whether there is an armed conflict between the State and the group, this article argues that we should look at the State’s justification for the use of force against the group or its members. In a non-international context, this justification is rooted in human rights law. For this reason, the authorization for the resort to force operates on an individual basis, and the State is only justified in using force against individual members ...


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

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 2017 Cornell Law School

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 2017 Cornell Law School

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 2017 John Marshall Law School

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 ...


There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti 2017 College of William & Mary Law School

There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti

William & Mary Journal of Women and the Law

No abstract provided.


Reforming Prison Policy To Improve Women-Specific Health And Sanitary Care Conditions Of Prisons In Ethiopia, Behailu T. Weldeyohannes 2017 College of William & Mary Law School

Reforming Prison Policy To Improve Women-Specific Health And Sanitary Care Conditions Of Prisons In Ethiopia, Behailu T. Weldeyohannes

William & Mary Journal of Women and the Law

No abstract provided.


Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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 ...


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