Law Commons^™

From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling

Buffalo Human Rights Law Review

No abstract provided.

Rights And Duties Of Minorities In A Context Of Post-Colonial Self-Determination: Basques And Catalans In Contemporary Spain, Jorge Martínez Paoletti

Buffalo Human Rights Law Review

No abstract provided.

International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver

Buffalo Human Rights Law Review

No abstract provided.

Power And Cooperation: Understanding The Road Towards A Truth Commission, Ming Zhu

Buffalo Human Rights Law Review

Truth commissions, usually described as a softer transitional justice alternative to trials, gained traction in academic circles following the establishment of South Africa's Truth and Reconciliation Commission. Though they are praised for their value in societal reconciliation and widely recognized for their flexibility; little is understood of their causal factors or requirements. This Article turns to this hole in the research and examines the effects of one potential causal variable, the balance of power between the warring parties. Through an in-depth examination of four case studies, El Salvador, Guatemala, Peru, and East Timor, this Article finds that truth commissions are …

From Armchair Reading To Action: Acknowledging Our Role In The Horror Of The Democratic Republic Of The Congo - And Doing Something About It., Shareen Hertel

Human Rights & Human Welfare

Reading Adam Hochschild's extraordinary account of ordinary people caught up in the horrific ravages of a civil war raging in the Democratic Republic of the Congo (DRC), I was struck by how incongruous my own encounter with this suffering is. I read his article over lunch, safe in the comfort of my own home. As a woman, I live largely without fear of the kind of brutal sexual violence that Hochschild opens his article with, as he related the story of a Congolese NGO worker who is herself a victim of multiple rapes.

Human Rights Law On Trial In The Drc, William Paul Simmons

Human Rights & Human Welfare

The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.

Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran

Human Rights & Human Welfare

When asked to discuss the humanitarian tragedy in the DRC, the question really is where to start? The article by Adam Hochschild discusses some of the most horrific events and experiences imaginable: widespread killings of unarmed civilians, rape, torture and looting, the recruitment of child soldiers, and the forced displacement of hundreds of thousands of people. The immediate human response is who is to blame, how did it happen and how can the world apparently do nothing?

If They Just Weren't So Rich!, Anja Mihr

Human Rights & Human Welfare

The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …

A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers

Penn State International Law Review

No abstract provided.

Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons

Penn State International Law Review

No abstract provided.

Volume 28 - Number 2: Table Of Contents

Penn State International Law Review

No abstract provided.

Application Of International Humanitarian Law By United States Courts

Penn State International Law Review

No abstract provided.

The Right To Life, The Convention On The Rights Of Persons With Disabilities, And Abortion

Penn State International Law Review

No abstract provided.

The Morphing Of Mtic Fraud: Vat Fraud Infects Tradable Co2 Permits, Richard Thompson Ainsworth

Faculty Scholarship

Missing trader intra-community (MTIC) fraud has been slowly morphing from cell phones and computer chips to other commodities. In the last few months however MTIC made a dramatic appearance in tradable CO2 permits. It closed exchanges and prompted France and the Netherlands to unilaterally change their tax treatment of CO2 trades. The UK has followed the French treatment in large measure. On Monday June 8, 2009 rumors of MTIC fraud in carbon emission permits closed the main European exchange for spot trading of European Union carbon emissions permits and Kyoto offsets. When BlueNext began trading permits again on Wednesday, June …

Chris Okeke Book Signing Event, Brochure

Articles About Faculty

A flyer for a book launch/signing event for Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke.

Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin

Cornell Law Faculty Publications

In these brief commentaries to the U.N. Genocide Convention, I explore three criminal law modes of liability as they apply to the international crime of genocide. Part I analyzes attempt to commit genocide and uncovers a basic tension over whether attempt refers to the genocide itself (the chapeau) or the underlying offense (such as killing). Part I concludes that the tension stems from the fact that the crime of genocide itself is already inchoate in nature, since the legal requirements for the crime do not require an actual, completed genocide, in the common-sense understanding of the term, but only a …

Re-Examining Investor Protection In The Eu And Us, John Ja Burke

John JA Burke

The year 2009 is a propitious time to evaluate systems of investor protection in financial markets as global bank losses exceed the 1 trillion mark and market losses equally exceed the 1 trillion mark. Prior to the Global Financial Crisis, the European Union enacted sweeping legislation to reform its system of investor protection. The Markets in Financial Instruments Directive [MiFID] is the regulatory equivalent of the deregulatory 1987 “Big Bang” that shaped the current European financial markets. It also applies to one of the world’s largest trading regions. This article examines select investor protection provisions of MiFID and their analogues …

The Effects Of Devaluation Of The Tenge Upon The Kazakhstan Economy, John Ja Burke

John JA Burke

This article examines the probable effect of the February 2009 devaluation of the Tenge on the Kazakhstan economy. Conventional wisdom holds that currency devaluation increases exports, protects domestic production, and preserves foreign exchange currency reserves. While the latter states the obvious, the causal relation between currency devaluation and increased export revenue and increased domestic production, though logically valid, requires the passage of time to measure. In the context of Kazakhstan, the question of devaluation and its effects also must be examined within the “Dutch Disease” model, as Kazakhstan is an oil dependent country. History teaches that devaluing the Tenge is …

A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray

David C. Gray

It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed—such as those made by Americans of Japanese decent interned during World War II and those made by European Jews against Germany after World War II—most do not. The principal culprits in these …

Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray

David C. Gray

This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits of International Law. In the essay I provide an exegesis of the core argument of the book, which is that the conduct of states in fields occupied by international law is more powerfully described by game theory than by law talk. In particular, the authors argue that state conduct traditionally described in terms of obedience and violation is actually determined by self-interest modified by the strategic conditions of identifiable games; principally coincidence games, coordination games, coercion games, and iterated prisoner dilemmas. In the essay I …

China's Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

This article examines implementation of the international sales law by arbitral tribunals in China. The leading Chinese arbitral tribunal -- CIETAC -- has recently released the full-text decisions issued in over 300 disputes involving international trade. Upon a careful examination of this decisions involving non-conformity of goods, the authors conclude that the decisions generally convey objective, non-biased jurisprudence (notwithstanding some caveats about the completeness of the available record). They go on to conclude that the ability to rely on a fairly predictable tribunal has been good for the development not only of China's trade-based economy but also for its more …

Iran: Who Is Quicker - The Hacker Or The Twitter?, Anja Mihr

Human Rights & Human Welfare

For a moment we believed that we had entered into a new era of democratic movement. Twitter, Facebook, YouTube and Google—chat have given proof that regardless where people live, what background they have, what system they adhere to or what religion they practice: they want to share the injustice and violence that happens to them with the world. They seek awareness, help and support and moreover they look for an end to the unfair and violent treatment. So have thousands of people in Iran—and still they do. They use what is the most widely available, quickest and the cheapest way …

The Middle East Quartet Of Mediators: Understanding Multiparty Mediation In The Middle East Peace Process, Kris Arthur Bauman

Electronic Theses and Dissertations

This dissertation seeks to answer the question: Under what conditions does multiparty mediation fail to move conflicting parties toward a comprehensive peace agreement? The object of study is the Middle East Quartet of Mediators from its formation in 2002 to the Annapolis Conference in November, 2007.

Although some progress was made during this period, no formal peace agreement was reached and therefore, the ultimate objective of the Quartet was not attained. The study seeks both to deepen our theoretical understanding of multiparty mediation as well as identify specific leverage points that could lead toward resolution of the conflict in Palestine …

Public And Private Sector Legal Process Outsourcing: Moving Toward A Global Model Of Legal Expertise Deliverance, Sasha Borsand, Amar Gupta

Pace International Law Review Online Companion

Legal process outsourcing (“LPO”) involves the use of foreign lawyers to conduct, perform and apply domestic law, most often for cost-saving purposes. Large, global firms have already begun to embrace the concept of LPO, and small firms and sole practitioners are increasingly reaching out to foreign firms, seeking more efficient, lower-cost providers. Ethical considerations, liability limiting agreements, ERISA compliance, certification and oversight models are all part of the LPO landscape. This paper discusses these aspects, as well as issues related to outsourcing in non-traditional areas such as the public sector and the judiciary.

To Catch An Entrapper: The Inadequacy Of The Entrapment Defense Globally And The Need To Reevaluate Our Current Legal Rubric, Paul W. Valentine

Pace International Law Review Online Companion

It is fair to say that a majority of us have either seen or been exposed to the hit television show To Catch a Predator on NBC. To Catch a Predator is a series of hidden investigations by the television newsmagazine Dateline NBC devoted to the subject of identifying and detaining potential child sexual abusers who contact children over the internet. The show is important because those caught by the investigators oftentimes raise the entrapment defense, but to no avail. Given the emergence of internet sting operations and covert government investigations, it is now more important than ever that the …

Taking Up The Security Challenge Of Climate Change, Rymn J. Parsons

Rymn J Parsons, Esq.

Climate change, in which man-made global warming is a major factor, will likely have dramatic and long lasting consequences with profound security implications, making it a challenge the United States must urgently take up. The security implications will be most pronounced in places where the effects of climate change are greatest, particularly affecting weak states already especially vulnerable to environmental destabilization. Two things are vitally important: stemming the tide of climate change and adapting to its far-reaching consequences. This project examines the destabilizing effects of climate change and how the military could be used to mitigate global warming and to …

Fault Lines In Our “Garden Of Eden State”, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

No abstract provided.

Afghanistan And The Nature Of Conflict, Charles Garraway

International Law Studies

No abstract provided.

Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda

International Law Studies

No abstract provided.

Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns

International Law Studies

No abstract provided.