Digital Commons Network^™

Impact Of Multinational Enterprises On Multilateral Rule Making: The Pharmaceutical Industry And The Trips Uruguay Round Negotiations, Mohamad Omar Gad

Law and Business Review of the Americas

No abstract provided.

Can China's Socialist Market Survive Wto Accession - Politics, Market Economy And Rule Of Law, Jan Hoogmartens

Law and Business Review of the Americas

No abstract provided.

The Politics Of Human Development In India And China: It Pays To Invest In Women And Children, Devin K. Joshi

Law and Business Review of the Americas

No abstract provided.

Development Progress In Russia, Richard E. Ericson

Law and Business Review of the Americas

No abstract provided.

The Role Of States In Attracting Foreign Direct Investment: A Case Study Of Florida, South Carolina, Indiana, And Pennsylvania, Adis Maria Vila

Law and Business Review of the Americas

No abstract provided.

Reinforcing The Rule Of Law And Human Rights In Mexico Through U.S. Special Operations Forces Missions, Kevin H. Govern

Law and Business Review of the Americas

No abstract provided.

The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer

Maine Law Review

Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare—including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological horrors such as nuclear weapons, mini-nukes, and other weapons of mass destruction—is the foremost challenge to the viability of an international constitutional system. The collapse of the League of Nations provided the world with a stark lesson in how aggression and warfare can undo a weak international constitutional regime dedicated to peace …

Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz

Maine Law Review

Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …

Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich

Maine Law Review

The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult it …

Nuclear Weapons And Crimes Against Humanity Under International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

Prosecuting Members Of Isis For Destruction Of Cultural Property, Cody Corliss

Florida State University Law Review

This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of …

Case Global: Alumni, Faculty And Students Join Fight For Immigrant Rights In U.S., Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 9, No. 1 (2017)

• Alumni, faculty and students join fight for immigrant rights in U.S. (cover)
• Special Report: Fighting for Immigrant Rights
• LLM Program Earns Top Ranking
• Jessup and Vis Teams Win Top Honors
• Journal of International Law Celebrates 50th Year
• Law School in Cutting Edge in Foreign Partnerships
• Foreign Policy Talk Radio Show Renewed for Fifth Year
• Law School Partners in Nation’s First Graduate Program in Military Ethics
• Financial Integrity Degree Expanding to D.C.
• Law School Receives Historic Grant for Human Trafficking Program
• Law Students Intern Around the World
• “How I Spent My Summer”
• 2017-18 Conferences and Lectures …

Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine

Cardozo International & Comparative Law Review

The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.

Pale And Wan, Comatose Maybe, But Not Dead: A Response To Bleimaier, Sanford R. Silverburg

The Catholic Lawyer

No abstract provided.

On The Prevention Of Violence, Robert A. Friedlander

The Catholic Lawyer

No abstract provided.

Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford

International Law Studies

This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human …

The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century

International Law Studies

The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics …

Context At The International Criminal Court, Hassan Ahmad

Pace International Law Review

In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s jurisdiction. Procedurally, …

The Legal Implications Of Sony's Cyberhack, Alex Campbell

Oklahoma Journal of Law and Technology

No abstract provided.

The Brussels Peace Conference Of 1874 And The Modern Laws Of Belligerent Qualification, Tracey Leigh Dowdeswell

Osgoode Hall Law Journal

The Brussels Conference of 1874 was convened after the Franco-Prussian War (1870-71). At stake was not only the restoration of the fragile balance of power in Europe, but also the articulation of a new ideal of warfare and its role in the European state system. This article discusses the Conference in relation to the “new war” thesis put forth by Mary Kaldor in New and Old Wars (1999). It was at Brussels that the “old war” crystalized as a political ideal: war would be a tournament, fought by professional armies, organized by nation states; civilians who refrained from participation would …

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review (2009 - Present)

No abstract provided.

Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank

Utah Law Review

Training and dissemination of the fundamental rules and principles of law of armed conflict (LOAC) is the first step in any process to ensure lawful military operations. A soldier, a military unit, an entire military must know the rules and parameters for appropriate, lawful and effective action during armed conflict. In the same manner, accountability for violations of LOAC — whether individual criminal accountability or state responsibility — is an equally essential tool for enforcing the law. Exploring the intersection between these two endpoints of the spectrum of LOAC implementation highlights how training and accountability can actually work together to …

Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens

Chicago-Kent Law Review

The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …

Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli

Georgia Journal of International & Comparative Law

No abstract provided.

Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft

Duke Law & Technology Review

Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell

Senior Honors Projects, 2010-2019

During the 2014 Israel-Gaza War, approximately 2,251 Palestinians and 73 Israelis were killed as a result of the fifty-one day long conflict. As the deadliest and most destructive conflict since 1948, the international community has widely condemned the actions taken by Israeli and Palestinian actors throughout the conflict. Despite international condemnation, currently the International Criminal Court (ICC) is the only institution conducting a criminal investigation into the recent conflict. Upon Palestine accession into the Rome Statute in June of 2015, the ICC opened a preliminary examination regarding alleged crimes committed in the occupied territory of Palestine since June 13, 2014. …