Law Commons^™

International Law In Domestic Courts, David Sloss, Michael Van Alstine

Faculty Publications

The central premise of this volume is that the relationship of law and politics in international law varies depending on the sites where the relationship unfolds. In this chapter, we analyze that premise in the creation, interpretation, recognition, implementation and modification of international norms in domestic courts. We will explain, however, that beyond these ‘stages of governance,’ a decisive factor in explaining the engagement of domestic courts with international law is the nature of the legal rule at issue. Specifically, our analysis demonstrates that the willingness of domestic courts to view an international issue as one of law, not politics, …

Par In Parem Imperium Non Habet, Beth Van Schaack

Faculty Publications

The principle of complementarity undergirds the International Criminal Court’s admissibility regime. And yet, in the negotiations leading up to the 2010 Review Conference in Kampala, Uganda, delegates did not fully focus on the potential for the addition of the crime of aggression to destabilize the Court’s complementarity regime. The only guidance from the ASP came in the form of two interpretive Understandings that express a subtle preference that States Parties not incorporate the crime into their domestic codes. If States Parties heed this call - which they should - the Court will inevitably be faced with situations in which there …

Executing Foster V. Neilson: The Two-Step Approach To Analyzing Self-Executing Treaties, David Sloss

Faculty Publications

The Supreme Court’s 2008 decision in Medellin v. Texas unleashed a flood of new scholarship on the doctrine of self-executing treaties. Unfortunately, the entire debate has been founded on two erroneous assumptions. First, courts and commentators have assumed that self-execution is a treaty interpretation question. Second, they have assumed that the modern doctrine of self-execution is essentially the same as the doctrine articulated by Chief Justice Marshall in his seminal opinion in Foster v. Neilson. The consensus view is wrong on both counts.

Properly framed, the self-execution inquiry comprises two distinct questions. First, what does the treaty obligate the United …

Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

Faculty Publications

This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …

Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …

Vol. Ix, Tab 47 - Ex. 10 - Document "Rosetta Stone Affiliate Overview - Nov. 29, 2007, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

The Protection Of The Cultural Property In The Event Of An Armed Conflict Within The Case-Law Of The International Criminal Tribunal For The Former Yugoslavia, Theodor Meron

Protection of Cultural Property in the Event of Armed Conflict

UNESCO Symposium on the 50th Anniversary of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict

Provisional Programme For The International Experts Meeting On The Return Of Cultural Properties And The Fight Against Their Illicit Trafficking, Republic Of Korea

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Bibliography On Secession And International Law, Mary D. Hood

Faculty Publications

The purpose of this bibliography is to bring together a variety of sources as a resource for the attendees of America's Regional Conference on Secession and International Law, sponsored by the International and Comparative Law Institute of Santa Clara University School of Law in cooperation with the Consortium on International Disputes Resolution (CIDIR). Issues discussed at this conference include:

• Secession in the history of international relations;
• Right of secession in comparative constitutional law;
• Secession in present international law:
• Rules and principles of international law with regard to secession;
• Self-determination and secession;
• Minorities, "peoples" and the right to self-determination at the …

On The Occasion Of The Signing Of The Second Protocol To The Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict (The Hague, 26 March 1999), Colin Powers

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Protection Of Cultural Property, Hal Burman

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Speech By The Minister Of Foreign Affairs Of The Netherlands At The Opening Of The Diplomatic Conference On The Adoption Of A Second Protocol To The Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict, 15 March 1999, Minister Of Foreign Affairs Of The Netherlands

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Speech Of The Netherlands Secretary Of State For Cultural Affairs At The Occasion Of The Opening Of The Diplomatic Conference For The Adoption Of A Second Protocol To The Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict, Netherlands Secretary Of State

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

On The Occasion Of The Opening Of The Diplomatic Conference On A Second Draft Protocol To The Convention For The Protection Of Cultural Property In The Event Of Armed Conflict (The Hague, 1954), M. Frederico Mayor

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Unesco Summary Of Comments On The Preliminary Draft Second Protocol To The 1954 Hague Convention, Unesco

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Comments Of Mexico To The Draft Guidelines For The Implementation Of The 1999 Second Protocol To The Hague Convention Of 1954 For The Protection Of Cultural Property In The Event Of Armed Conflict, Delegation Of Mexico

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Principes Directeurs: Prise De Position, Delegation Of Switzerland

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Comments On The Draft Guidelines For The Implementation Of The 1999 Second Protocol To The Hague Convention, Delegation Of Norway

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

The Preservation And Transmission System For The Intangible Cultural Properties Of The Republic Of Korea, Office Of Cultural Properties

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Convention On The Means Of Prohibiting And Preventing The Illicit Import, Export And Transfer Of Ownership Of Cultural Property, Unesco

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.