International Law Commons^™

Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker

Robert L Tucker

Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.

This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …

Tribute By Professor David Bogen, David S. Bogen

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Tribute In Memory Of Dr. Hungdah Chiu, Ying-Jeou Ma

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Euology, Su Chi

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman

Northwestern Journal of International Law & Business

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …

Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi

Articles

This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …

Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …

Hiv/Aids And Human Rights In Botswana And Swaziland: A Matter Of Dignity And Health, Vincent Iacopino, Sheri D. Weiser, Madhavi Dandu, David Tuller

UC Law SF International Law Review

A health and human rights framework provides a comprehensive perspective for understanding complex interactions between HIV/AIDS, human rights, and the health of individuals and communities. By helping to identify a broad range of social factors that affect health, such a framework also facilitates the development of interventions and policies that maximize both health and human rights benefits. In this Article, we discuss the various linkages between health and human rights and review the literature on HIV/AIDS and human rights, with a focus on under-resourced settings. In particular, we examine how the framework is relevant to the specific epidemics in Botswana …

Immigration, Crime, And Public Perception: Victimization Legislation In The United States And Canada - Can The U Visa Serve As A Model?, Bettina Rodriguez Schlegel

UC Law SF International Law Review

This Note compares the forces behind the creation and the implementation of crime victim visa legislation in the United States and Canada. Both are recognized globally as important immigrant-receiving nations with long histories of reliance on immigrant populations for economic growth and expansion. Both states have crafted immigration policies in line with their economic needs and societal perceptions of immigrants in relation to the dominant culture mores. This Note analyzes the two nation's historical trends in relation to immigration as a stepping stone towards understanding the current realities of immigrant life in North America and delves in to the impacts …

Universal Jurisdiction To Prosecute Human Trafficking: Analyzing The Practical Impact Of A Jurisdictional Change In Federal Law, John Reynolds

UC Law SF International Law Review

Human trafficking is fast-growing international dilemma. This note evaluates the potential of universal jurisdiction to prosecute human trafficking to mitigate the crime's impact. Analogies are drawn to slavery and piracy, the paradigm crimes subject to universal jurisdiction. This note will also explore alternative approaches to combating human trafficking - political and economic approaches that attempt to undercut the root causes of human trafficking.

Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay

UC Law SF International Law Review

This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …

Immunity, Italian Style: Silvio Berlusconi Versus The Italian Legal System, Brendan Quigley

UC Law SF International Law Review

Italian Prime Minister Silvio Berlusconi is Italy's longest serving Prime Minister since the founding of the First Italian Republic in 1946. He is also one of Italy's richest men, owed largely to a vast media empire encompassing private television, film production, publishing, insurance, and banking. In conjunction with this private wealth and influence, the Prime Minister's political clout has afforded him virtually unparalleled power within Italy. Despite the scope of his influence, however, Berlusconi has been a constant subject of legal controversy since his rise to power in the early to mid 1990s. Over the years, he has been accused …

Redesigning Global Trade Institutions, John Linarelli

Scholarly Works

This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core …

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Scholarly Works

No abstract provided.