Digital Commons Network^™

The Rise Of Accountability Mechanisms: The Next Wave Of International Law Justice?, Jacqueline R. Mcallister

Case Western Reserve Journal of International Law

Since 2011, the United Nations (UN) has increasingly deployed investigative mechanisms—or commissions of inquiry, fact-finding missions, and other ad hoc investigations—to not just monitor and document egregious human rights abuses, but also to collect, preserve, and analyze evidence in order to lay the groundwork for future accountability. Importantly, these “accountability mechanisms” tend to deploy in places where the International Criminal Court (ICC) lacks jurisdiction or national courts are unwilling or unable to conduct prosecutions. They thus work to counter impunity gaps. However, since their debut, accountability mechanisms have faced immense political, financial, administrative, and institutional challenges, which have hindered their …

Closing Remarks To The American Society Of International Law 2025 Midyear Meeting, Rt. Hon. Alex Chalk Kc

Case Western Reserve Journal of International Law

No abstract provided.

Creeping Alliances In Foreign Policy Choices: A World Of Clusters And The Outline Of A Fragmented World Order, Kerem Gülay

Case Western Reserve Journal of International Law

International cooperation and conflict has long been studied through formal institutions, namely, membership in international organizations and participation in bilateral or multilateral treaties. This hardly grasps the informal and contingent relationships and the tacit and pragmatic alliances reflected in countries’ joint positions on multilateral issues. While most theories of alliances were preoccupied with why such formal alliances were formed, this article offers a reconceptualization of international cooperation based on empirical data. It proposes “creeping alliances,” tentatively defined as gradual and often informal cooperation that develops over time characterized by increasing mutual foreign policy alignment, to explain an undertheorized domain of …

Equal-Access Extraction: Necessary Revisions To The Extent Of The 1920 Svalbard Treaty Due To Norway's Deep-Sea Mining Decision, Louden J. Keihl

Case Western Reserve Journal of International Law

Svalbard’s 100-year-old governing treaty, the Svalbard Treaty, has been the cause of several disputes regarding its applicability to maritime zones not developed at the time of its negotiation. This Note argues that, considering Svalbard’s importance, the different treaty parties should renegotiate and revise the Svalbard Treaty to clarify ambiguities regarding its geographic scope. The reasons why the dispute has not been solved to date and the differing views on the Treaty’s geographic scope are also discussed. Potential clarifying language is proposed and analyzed. (from the author)

Talking Foreign Policy: "Turning Points And Paradigm Shifts In U.S. Foreign Policy" June 23, 2025 Broadcast, Talking Foreign Policy

Case Western Reserve Journal of International Law

No abstract provided.

Governing Economic Statecraft: Procedural Guardrails From State Practice, Wto Rules, Multilateral Trade, Dah-Wei Yih

Case Western Reserve Journal of International Law

National security exceptions have long been part of international trade law, but their use has expanded alongside the rise of economic statecraft. States now increasingly rely on geoeconomic tools such as sanctions, subsidies, tariffs, and investment and export controls to pursue geopolitical goals. This phenomenon, described by political scientists as “weaponized interdependence,” has blurred the boundary between economic policy and national security, thereby straining the integrity of WTO rules and the multilateral trading system.

Against this backdrop, how can states promote rule-of-law values such as transparency and predictability on the international plane as they implement geoeconomic policies?

This Article makes …

White Paper On The Need To Strengthen International Humanitarian Law To Address The Challenges Of 21st Century Warfare, Cleveland Experts Meeting

Case Western Reserve Journal of International Law

"On the seventy-fifth anniversary of the Geneva Conventions, thirty leading experts in the field of IHL from around the world gathered at Case Western Reserve University School of Law in Cleveland, Ohio, on September 26, 2024, to discuss whether there is a need to strengthen IHL to address the challenges of 21st century warfare, and how that could best be accomplished. The experts participated in three follow-up meetings over Zoom on October 31, November 7, and November 14, 2024. The participating experts are listed at the end of this document. The experts participated in their personal capacity; the views expressed …

Does The Dual-Use Of Space Objects Necessitate A New Geneva Convention?, Svenja Berrang, Ll.M.

Case Western Reserve Journal of International Law

With “the first commercial space war” in Ukraine, the widespread and ever-increasing practice of using commercial space systems and services for military activities came to the public eye. States increasingly rely on and integrate commercial space activities1 into military activities to enhance their military capabilities and to strengthen deterrence. But by incorporating commercial actors into their military activities, States may incidentally make civil actors become military targets during an international armed conflict. Eventually, this may endanger commercial employees when those employees take direct part in hostilities and ultimately lose their protection as non-targeted civilians.

This Article examines the increased reliance …

Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)

Case Western Reserve Journal of International Law

"Michael Scharf: Welcome to “Talking Foreign Policy,” the quarterly radio show and podcast produced by Case Western Reserve University and Ideastream Public Media.2 I’m your host Michael Scharf, Dean of Case Western Reserve University School of Law.3 Today we’re going to be talking about the need to update the seventy-five-year-old Geneva Conventions on the Law of War in light of the twenty-first century developments related to autonomous weapons, cyber warfare, and space war, as well as responding to modern-day terrorist groups. I’ve assembled an allstar panel of experts for today’s conversation."

Negotiating Environmental Justice In Ukraine, Paul R. Williams, Sindija Beta

Case Western Reserve Journal of International Law

This Article examines the dynamics of negotiating environmental justice in Ukraine amid pressure from certain international actors for an Amnesty-Based Peace in Ukraine. While it is currently unclear how Russia’s war in Ukraine will end, it is likely that there will be significant discussion around forms of justice, including how to address the grave environmental damage Russia has caused in Ukraine. This Article looks at previous precedents of Amnesty-Based Peace in Angola, Haiti, and Uganda and decisions and commentaries by international actors to argue that appeasement has not fostered durable peace and is generally disfavored by judicial and non-judicial bodies. …

Legal Issues Surrounding Veto Use And Aggression, Jennifer Trahan

Case Western Reserve Journal of International Law

No abstract provided.

Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton

Case Western Reserve Journal of International Law

No abstract provided.

The New Cold War With China And Russia: Same As The Old Cold War?, Stuart Ford

Case Western Reserve Journal of International Law

No abstract provided.

The Role Of International Law In The Russia-Ukraine War, Michael Kelly

Case Western Reserve Journal of International Law

No abstract provided.

Legitimate Supra-National Adjudication In The New Era: The Requirement Of Comparative Benefit, Margaret M. Deguzman

Case Western Reserve Journal of International Law

No abstract provided.

International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald

Case Western Reserve Journal of International Law

No abstract provided.

Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton

Case Western Reserve Journal of International Law

No abstract provided.

The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

Peaceful World Leadership Or Nationalist Advocate? How China Uses Social Media To Project Its Stance On Russia's Invasion Of Ukraine, Hannah Bailey

Case Western Reserve Journal of International Law

No abstract provided.

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

The Origin Story Of The Public International Law & Policy Group: A Case Study In Strategic Optimism, Paul Williams, Isabela Karibjanian

Case Western Reserve Journal of International Law

No abstract provided.

Praxis For Peace, Darin E.W. Johnson

Case Western Reserve Journal of International Law

No abstract provided.

Grotian Moments And Statehood, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

Interfacing Privacy And Trade, Mira Burri

Case Western Reserve Journal of International Law

No abstract provided.

The Role Of International Organizations In The Development Of International Environmental Law: Adjusting The Lenses Of Analysis, Rita Guerreiro Teixeira

Case Western Reserve Journal of International Law

No abstract provided.

Offender Rehabilitation In International Criminal Justice: Towards Implementation Of Tailored Rehabilitation Programs, Marina Maier

Case Western Reserve Journal of International Law

No abstract provided.

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Dr. Paul R. Williams

Case Western Reserve Journal of International Law

Klatsky Endowed Lecture on Human Rights by Dr. Paul R. Williams

"Thank you to Case Western Reserve University School of Law, and in particular Dean Michael Scharf, for providing me with the privilege of delivering the Klatsky Endowed Lecture on Human Rights. Thank you, Milena Sterio, for your wonderful introduction. It is my honor to receive the Cox International Law Center’s Humanitarian Award for Advancing Global Justice and join the inspiring array of international law scholars and practitioners who have received it in years prior. I am also pleased to have the opportunity to speak today to such an engaged …

The Security Council Veto In The Context Of Atrocity Crimes, Uniting For Peace And The Responsbility To Protect, Ved P. Nanda

Case Western Reserve Journal of International Law

"After Russia’s thirteen vetoes and seven by China to shield the Syrian regime from any action, it seems reasonable to ask the question: In light of the findings of several U.N. reports, as well as reports from credible human rights organizations, that Syrian military and security forces have continued to commit atrocity crimes ever since the onset of the Syrian crisis, is it not prudent to explore the measures to protect innocent men, women, and children from such flagrant violations of human rights?"

Exiting Paris: What The Climate Accord Teaches About The Features Of Treaties And Executive Agreements, Eugene Kontorovich

Case Western Reserve Journal of International Law

The article discusses the United States' withdrawal from the Paris Climate Accords, which has two features -- a protracted withdrawal period and broad multilateral structure--which keep it from having an effect as a sole executive agreement.

Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.