Law Commons^™

Putin V. Zelensky: Reflections On Leadership, Global Order, And The Rule Of Law, Charles H. Brower Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

University of Arkansas at Little Rock Law Review

No abstract provided.

Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Mercenaries, Myrmidons, And Missionaries, Robert Bejesky

University of Arkansas at Little Rock Law Review

No abstract provided.

The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant

Faculty Scholarship

It is, in certain cases, impossible for persons to tell in advance which states will have effective legislative jurisdiction over their acts. In these cases, it is impossible to tell in advance whose law the person must obey. This quandry arises where some national law purports to regulate outsiders and their acts in a manner arguably inconsistent with the international law of legislative jurisdiction. If the regulating state's courts do not allow challenges to jurisdiction based on international law, and the state of the outsider's nationality fails to protect her diplomatically, the outsider has no protection against excessive claims of …

Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza

University of Arkansas at Little Rock Law Review

A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.

After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of …

Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant

Faculty Scholarship

Comparative law method is essential to determining the customary international law status of rules of human rights law. Doing the hard, detailed work of comparative law is necessary if we are to give up on the unfortunate tendency to make overly broad, unsupported claims that wide varieties of human rights have passed into customary international law.

The traditional use of only interstate practice in determining rules of customary international law is insufficient where the rules concern relationships between states and individuals, especially their own nationals. This, however, is the essence of human rights law.

Comparative law techniques allow, and are …

Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant

Faculty Scholarship

Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of …

International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant

Faculty Scholarship

Judicial decisions of the International Criminal Court and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer “subsidiary” sources as that word is used in the International Court of Justice Statute, Art. 38. In the same fields of customary international law, other binding acts of international organizations, such as the UN Security Council, are also used as practice, and the statements of these …

Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew

The Journal of Appellate Practice and Process

No abstract provided.

International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Faculty Scholarship

Direct jurisdiction over individuals, along with responsibilities to them, are outstanding characteristics of the new International Criminal Court (ICC or Court), as they already are of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). This Article raises issues of legitimate power to prosecute and to define criminal law and issues of individual human rights which necessarily arise in any criminal system.

This Article is predominantly an analysis of issues of criminal jurisdiction over persons as they are treated in the ICC Statute, as well as in the current ad hoc international criminal tribunals. Part II …

Kosovo: Virtual War And International Law, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Sentencing Policies And Practices In The International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

The Journal of Appellate Practice and Process

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are international tribunals that are developing and remaking much of international humanitarian law. The courts double as trial and appellate courts. Each court has jurisdiction over events that occurred in a specific area during a specific time period. The courts have an unusual appellate structure. These unique Appellate Chambers review important trial decisions that deal with genocide, crimes against humanity, and war crimes.

Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach

Faculty Scholarship

This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will …

A Constitutional Beginning: Making South Africa's Final Constitution, Christina Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

How Free Trade Can Save The Everglades, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Icravetv And The New Rules Of Internet Broadcasting, Michael A. Geist

University of Arkansas at Little Rock Law Review

No abstract provided.

The Role And Powers Of Defense Counsel In The Rome Statute Of The International Criminal Court, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach

Faculty Scholarship

No abstract provided.

State Terror And Memory Of What?, Jaime Malamud Goti

University of Arkansas at Little Rock Law Review

No abstract provided.

Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus

University of Arkansas at Little Rock Law Review

No abstract provided.

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

University of Arkansas at Little Rock Law Review

No abstract provided.

Diverting The Danube:The Gabcikovo-Nagymaros Dispute And International Freshwater Law, Aaron Schwabach

Faculty Scholarship

No abstract provided.