International Law Commons^™

Could The Rwandan And Darfur (Sudan) Genocides Have Been Prevented By The International Community? A Postmortem, Ifem E. Orji

Ifem E Orji

The international law principles of sovereignty and territorial jurisdiction of states preclude external interference in a state’s domestic affairs. Shaped by the old agreements among European states in the Treaties of Westphalia in 1648, and copied and modernized in the Charters of the United Nations and many regional organizations, non-interference, in practice, has not worked in many instances. The great powers have always chosen when to, or not to, interfere. As case studies, this article chronicles the events in the Rwandan and Darfur genocides, and concludes that the international community, particularly the super powers of the UN Security Council, seized …

Reconciling Three Countries’ Current Laws With Human Rights In The Face Of International Law, Stacey Alicia Maalej Rusnak

Annual Survey of International & Comparative Law

The United Nations High Commissioner for Refugees [UNHCR] has published a landmark treatise to serve as a guide for adjudication of refugee claims made by LGBTI individuals. This treatise, known as Guidelines on International Protection No. 9, states that sexual orientation or identity is a protected category and that persecution based on those factors is grounds for refugee status and protection. This article discusses current violations of this protection in three countries: Uganda, Russia, and Nigeria. I shall first examine the relevant international law, and then review the history and current laws of each country. Finally, there is a comparative …

Projected Impact Of Global Warming On West Africa: Case For Regional And Transnational Adaptive Measures, Nwabueze Dozie Ezeife

Annual Survey of International & Comparative Law

This paper explores the concept of Global Warming, the science behind it and signs of it in the region of West Africa. Then it attempts a look at how the countries of West Africa plan for life in a dramatically warmed world. It will conclude by making a case for Regional and Transnational Adaptation measures to cope with an increasingly warming and vulnerable world.

The paper is based on a review of research projects, abstracts of international conferences, regional and international literature on climate change and policies, draft strategies, policies and action plans developed by countries of the region, as …

The Missing Peace: International Law Of Intrastate Relations, Dr. Michael Van Walt Van Praag

Annual Survey of International & Comparative Law

Keynote address to the 23rd Annual Fulbright Symposium,

Cite as: 20 Annl. Survey Int'l. Comp. L. 1 (2014).

Foreward, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore

Florida Law Review

This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as a matter of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.

Islamic Hamas And Secular Fatah: How Does The Governing Process Work?, Sanford R. Silverburg, Shadi Alshdaifat

Sanford R Silverburg

No abstract provided.

Domestic Judicial Defiance In The European Union: A Systemic Threat?, Arthur Dyevre

Arthur Dyevre

In a multi-level, non-hierarchical court system, where courts at the upper echelon do not have the power to reverse the decisions of courts at the lower level, judicial cooperation appears crucial to the effectiveness of the higher-level law. For this reason, recent decisions by national courts may seem to bode ill for the authority of EU law. In January 2012, the Czech Constitutional Court declared the decision of the Court of Justice in the Landtová case ultra vires. This came on the heels of other domestic rulings stressing the constitutional limits of integration. More recently, in February 2014, the German …

Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco

Xiao Recio-Blanco

In the last few decades, governments have regulated human activities at sea and their environmental impact through piecemeal, use-by-use prescriptive regulation. These domestic laws have been unable to solve basic problems such as overfishing or marine habitat loss.

Some ocean management experts have argued that managing areas of the sea in order to maximize one or a set of objectives might be more effective than the non-spatial approach. Implementing a comprehensive system of area-based management requires planning and zoning. The process of marine spatial planning (MSP) involves assessing ocean resources as well as current and future uses; identifying compatible and …

Proactive Cybersecurity: A Comparative Industry And Regulatory Analysis, Scott J. Shackelford, Amanda Craig, Janine Hiller

Scott Shackelford

This Article analyzes recent business realities and regulatory trends shaping the proactive cybersecurity industry. To provide a framework for our discussion, we begin by describing the historical development of the industry and how it has been shaped by the applicable law in the United States and other G8 nations. We then catalogue the proactive cybersecurity practices of more than twenty companies, focusing on four case studies that we consider in the context of polycentric “global security assemblages.” Finally, we assess the emergence of proactive cybersecurity norms, both within industry and international law, and consider the implications of this movement on …

Subsidies And Countervailing Duties In The Gatt, John W. Evans

John Evans

No abstract provided.

Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In February 2015, CCSI sent comments to the World Bank regarding its draft Environmental and Social Framework. This took place in the context of the Bank’s consultations on the review and update of its safeguards policies. CCSI’s comments focused on ensuring consistent and comprehensive application of the framework, and on the need to more expansively incorporate human rights standards. The memo also underlined the need to protect all legitimate tenure rights, including those not currently recognized by national law, and to limit the permissibility of forced evictions. In addition, the comments include proposed amendments that would ensure that government borrowers …

Georgia Journal Of International And Comparative Law Managing Board, 2015-2016, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Legal Obligation In International Law And International Finance, David Zaring

Cornell International Law Journal

No abstract provided.

A Hypothetical Engagement: Gatt Article Xx(A) And Indonesia's Fatwa Against Trade In Endangered Species, Lisa M. Meissner

Notre Dame Law Review Reflection

The greatest recognized threat facing biodiversity conservation today is habitat destruction. Other threats include but are not limited to global climate change, encroachment, illegal wildlife trafficking, and overexploitation through intensive agricultural and commercial uses. Although wildlife trafficking is not the main source of biodiversity loss, the pressures generated by the international demand for endangered species and their derivative products adversely affect not only individual species, but also entire ecosystems and rural livelihoods through the removal of flagship species from the environment. In response to the growing threats facing our shared natural world, environmental issues are now being incorporated into multilateral …

Bond V. United States, Dean M. Nickles

Notre Dame Law Review Reflection

Although the majority’s outcome was correct, the application of the clear statement rule in this situation seems incorrect. The majority misconstrues the statute not to reach Mrs. Bond’s conduct when it should have done so. The concurrences properly assert that despite the conduct here falling within the clear definition of the statute, the Court should have reversed the conviction on constitutional grounds. As a result of this decision, Congress should now plan to make clarifying statements about the scope of the statute in order to avoid the clear statement problem identified here.

Separately, although only dicta, Justice Scalia’s assertion that …

Specially Invited Opinions And Research Report Of The International Water Law Project: Global Perspectives On The Entry Into Force Of The Un Watercourses Convention 2014: Part Two, Gabriel Eckstein, Patricia Wouters, Robyn Stein, Georgina Mackenzie, Maria Querol, Richard Paisley, Salman M.A. Salman

Faculty Scholarship

This is the second part of a research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on the Non-Navigational Uses of International Watercourses. The first part of the report was published in Water Policy 16(6).

The following compilation is reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.internationalwaterlaw.org). The series was solicited in preparation for the coming into force of the 1997 UN Convention on the Non-navigational Uses of International Watercourses. The Convention had been pending for …