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Full-Text Articles in Law

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf Jan 2023

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

Faculty Publications

In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council and to …


Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover Jan 2023

Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover

Faculty Publications

In response to Russia’s invasion of Ukraine, NATO member states and their allies have imposed “unprecedented,” unilateral economic sanctions to hold Russia accountable, degrade its military capability, and limit its international financial access.1 From the outset, sanctioning states such as the United States have stated that they “designed these sanctions to maximize the long-term impact on Russia and to minimize the impact on [themselves and their] allies.”2 These sanctions on an economic power like Russia “have global economic effects far greater than anything seen before.”3 And there is concern that the unintended consequences of the sanctions will disproportionately harm developing …


Domestic Violence By Proxy: A Framework For Considering A Child’S Return Under The 1980 Hague Convention On The Civil Aspects Of International Child Abduction’S Article 13(B) Grave Risk Of Harm Cases Post Monasky, Andrew Zashin Jan 2021

Domestic Violence By Proxy: A Framework For Considering A Child’S Return Under The 1980 Hague Convention On The Civil Aspects Of International Child Abduction’S Article 13(B) Grave Risk Of Harm Cases Post Monasky, Andrew Zashin

Faculty Publications

This article offers a new approach for analyzing the 13(b) grave risk of harm defense, specifically as it relates to victims of domestic violence and their children, that is both practical and clear, and rooted in principles that are grounded in American jurisprudence that will result in more consistent rulings. Part I of this article provides background to the text of the Hague Convention, including the purposes of the text, the systematic return of a child to his or her habitual residence, the Article 13(b) grave risk of harm exception, and the role of undertakings. In Part II, the facts …


Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr Jan 2017

Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr

War Crimes Memoranda

No abstract provided.


Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin Jan 2017

Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin

War Crimes Memoranda

No abstract provided.


The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford Jan 2017

The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford

War Crimes Memoranda

No abstract provided.


The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi Jan 2017

The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi

War Crimes Memoranda

No abstract provided.


Convert Or Die Policies As A Form Of Mental Harm Genocide Specifically Addressing The Argument That Convert Or Die Policies Are Acts Committed In Whole Or In Part To Destroy A Religious Group By Causing Mental Harm To Members Of The Religious Group., Ananya Mallavarapu Jan 2017

Convert Or Die Policies As A Form Of Mental Harm Genocide Specifically Addressing The Argument That Convert Or Die Policies Are Acts Committed In Whole Or In Part To Destroy A Religious Group By Causing Mental Harm To Members Of The Religious Group., Ananya Mallavarapu

War Crimes Memoranda

No abstract provided.


In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner Jan 2017

In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner

War Crimes Memoranda

No abstract provided.


Is The Eccc’S Supreme Court Chamber’S Conception Of A Common Criminal Plan In The Case 002/01 Appeal Judgment Supported By Customary International Law? Specifically Addressing The Arguments Surrounding The Supreme Court Chamber’S Rejection Of The Existence Of Jce3 And Whether Post World War Ii Jurisprudence Establishes The Existence Of Jce3 In Customary International Law., Jordan Elizabeth Dinsmore Jan 2017

Is The Eccc’S Supreme Court Chamber’S Conception Of A Common Criminal Plan In The Case 002/01 Appeal Judgment Supported By Customary International Law? Specifically Addressing The Arguments Surrounding The Supreme Court Chamber’S Rejection Of The Existence Of Jce3 And Whether Post World War Ii Jurisprudence Establishes The Existence Of Jce3 In Customary International Law., Jordan Elizabeth Dinsmore

War Crimes Memoranda

No abstract provided.


Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing Jan 2017

Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing

War Crimes Memoranda

No abstract provided.


What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah Jan 2017

What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah

War Crimes Memoranda

No abstract provided.


Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa Jan 2017

Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa

War Crimes Memoranda

No abstract provided.


Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner Jan 2017

Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner

Faculty Publications

September 16, 2016, Case Western Reserve University School of Law’s Frederick K. Cox International Law Center, in conjunction with the celebration of the Cleveland Museum of Art’s centennial anniversary, convened a day-long conference with leading scholars and practitioners from around the world to explore topics at the intersection of art and international law.


Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry Jan 2017

Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry

Faculty Publications

In United States–Certain Country of Origin Labeling Requirements, the Appellate Body ("AB") of the World Trade Organization ("WTO") ruled that the United States' country-of-origin labeling regulations ("COOL") on beef and pork products violated the Agreement on Technical Barriers to Trade's ("TBT") National Treatment ("NT") Principle. Aimed at promoting informed consumer choice, COOL required retailers to disclose the covered products' origin. In prior decisions under the General Agreement on Tariffs and Trade ("GATT") art. III:4, the AB correctly rejected protectionist rules that unnecessarily encumbered consumer choice by adversely affecting conditions of competition for imports. In US–COOL, however, the AB …


Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah Jan 2016

Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah

War Crimes Memoranda

No abstract provided.


Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li Jan 2016

Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li

War Crimes Memoranda

No abstract provided.


Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie Jan 2016

Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie

War Crimes Memoranda

No abstract provided.


Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt Jan 2016

Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt

War Crimes Memoranda

No abstract provided.


Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant Jan 2016

Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant

War Crimes Memoranda

No abstract provided.


Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood Jan 2016

Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood

War Crimes Memoranda

No abstract provided.


Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski Jan 2016

Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski

War Crimes Memoranda

No abstract provided.


The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock Jan 2016

The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock

War Crimes Memoranda

No abstract provided.


How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner Jan 2016

How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner

War Crimes Memoranda

No abstract provided.


Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh Jan 2016

Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh

War Crimes Memoranda

No abstract provided.


Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson Jan 2016

Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson

War Crimes Memoranda

No abstract provided.


Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa Jan 2016

Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa

War Crimes Memoranda

No abstract provided.


Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle Jan 2016

Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle

War Crimes Memoranda

No abstract provided.


Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola Jan 2016

Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola

War Crimes Memoranda

No abstract provided.


Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr Jan 2015

Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr

War Crimes Memoranda

No abstract provided.