Law Commons^™

A Case Ill Suited For Judgment: Constructing 'A Sovereign Access To The Sea' In The Atacama Desert, Christopher Rossi

christopher robert rossi

Abstract: In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis …

The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer

Winston P Nagan

This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state typologies to explore the concept further and to scrutinize the accommodations of authority and control.

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Peter K. Yu

No abstract provided.

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.

Globalization And Structure, Julian Ku, John Yoo

John C Yoo

No abstract provided.

Internal Colonialism And Humanitarian Intervention, M. Sornarajah

Georgia Journal of International & Comparative Law

No abstract provided.

Redefining Sovereignty: The Use Of Force After The Cold War, Mary Ellen O'Connell, Michael Bothe, Natalino Ronzitti

Mary Ellen O'Connell

The use of force and the regulation of armed conflict in the 21st century raises new and challenging questions in international law and policy. This timely study brings together leading scholars -- including ethicists, political scientists and international lawyers -- to address the use of force, beginning with NATO's 1999 intervention in Kosovo up to the US-led invasion of Iraq. In some important respects, the legal regime for force regulation -- in place since the adoption of the UN Charter in 1945 -- provides a normative restraint on international relations, but is it wholly relevant and effective with regard to …

Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf

Georgia Journal of International & Comparative Law

No abstract provided.

Introduction To Panel I, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

Introduction, Bernard A. Ramundo

Georgia Journal of International & Comparative Law

No abstract provided.

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.

Could The Rwandan And Darfur (Sudan) Genocides Have Been Prevented By The International Community? A Postmortem, Ifem E. Orji

Ifem E Orji

The international law principles of sovereignty and territorial jurisdiction of states preclude external interference in a state’s domestic affairs. Shaped by the old agreements among European states in the Treaties of Westphalia in 1648, and copied and modernized in the Charters of the United Nations and many regional organizations, non-interference, in practice, has not worked in many instances. The great powers have always chosen when to, or not to, interfere. As case studies, this article chronicles the events in the Rwandan and Darfur genocides, and concludes that the international community, particularly the super powers of the UN Security Council, seized …

The Public Trust Doctrine In Environmental And Natural Resources Law, Second Edition, Mary C. Wood, Michael Blumm

Contributions to Books

The public trust doctrine (PTD) is an ancient property law doctrine which first surfaced in Roman law in the Justinian Code, was revived in medieval England largely through the efforts of Sir Mathew Hale, and became entrenched in American law in the nineteenth century through the process of statehood. In the twentieth century, the doctrine became a favorite of the law professoriate and the environmental community for its potential to recognize public rights in private property. Thus, the doctrine both promotes public access to trust resources and justifies public regulation of them. It also equips the public with the right …

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Human Rights Thinking And The Laws Of War, David Luban

Georgetown Law Faculty Publications and Other Works

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.”

Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is …

Power Shifts In International Law: Structural Realignment And Substantive Pluralism, William W. Burke-White

All Faculty Scholarship

For most of the past sixty years, the United States and Europe have led, independently and collectively, the international legal system. Yet, the rise of the BRICs over the past decade has caused a profound transformation of global politics. This paper examines the implications of this redistribution of power for international law. While international lawyers have long debated the ability of law to constrain state behavior, this paper shifts the debate from the power of law to the role of power within international law. It first advances a structural argument that the diffusion, disaggregation, and issue-specific asymmetries in the distribution …

Earned Sovereignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul Williams, Carlie Armstrong, Abigail Avoryie

Articles in Law Reviews & Other Academic Journals

There are over seventy active self-determination movements around the globe, and this trend seems far from dissipating. Many of these self-determination movements generate sovereignty-based conflicts characterized by extreme violence on the part of both the parent state and the sub-state entity, and by the potential for regional and international instability.

In order to successfully resolve the persistent and growing number of violent and non-violent sovereignty-based conflicts, this article calls for the international community to develop a strategic framework to guide resolution of these conflicts. Currently, no comprehensive strategic framework for managing self-determination exists. The status quo promotes a nebulous approach …

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo