Law Commons^™

Metaphors Of International Law, Harlan G. Cohen

Scholarly Works

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

Tasking The Leviathan: Right To Protest, Good Governance, And Implications For National Security And International Law, Olalekan Moyosore Lalude

Journal of Sustainable Social Change

The right to good governance is a right inalienable to the democratic process. Content analysis was used as the data source for this paper. This study would attempt to resolve the questions on the intricate connection between the right to protest and the right to good governance in Nigeria and what this means for national security and international law. In this essay, it was argued that the international law space is shrinking for holding the democratic process accountable in sovereign states. The significance of the essay is to suggest a new direction for the engagement of international law mechanisms on …

The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein

Vanderbilt Journal of Transnational Law

With the killing of Iranian general Qassim Soleimani, the United States crossed a new frontier in the use of extrajudicial lethal operations outside of armed conflict. As a state actor, Soleimani once would have been entirely off-limits as a target outside the context of a formal armed conflict between the United States and Iran. The Trump administration's choice to conduct a one-off strike on a state military leader indicates that conflicts among state adversaries are increasingly fought using the hybridized tools of the war on terror. This Article will argue that the increasing use of such techniques and the perceived …

"Authoritarian International Law" In Action? Tribal Politics In The Human Rights Council, Yu-Jie Chen

Vanderbilt Journal of Transnational Law

The international human rights regime, a product of post- war liberalism, is increasingly falling under the shadow of authoritarian countries that try to influence the regime in favor of their illiberal agendas. This Article uses the United Nations Human Rights Council (HRC) as a prism to examine the changing dynamics among leading authoritarian and democratic actors as they contend to shape global human rights norms and institutions. This Article argues that China, the most resourceful authoritarian party-state, is engaging in what can be understood as tribal international politics, forming coalitions with authoritarian governments and developing countries that have different state …

Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller

Vanderbilt Journal of Transnational Law

The current legal vacuum regarding binding international norms regulating malicious conduct in cyberspace has paved the way for the emergence of a unilateral tool: cyber sanctions. They have already been introduced by the United States, the European Union, and the United Kingdom. Notwithstanding their obvious importance, their interrelations with international law- especially international economic law-have remained largely unexplored in academic research. This gap is perplexing given the fact that the existing unilateral cyber sanctions have been formulated in such a way as to be prone to misuse. In particular, they bear a significant potential to disrupt economic relations and undermine …

International Imposition Vs. Domestic Assimilation: The Criminalization Of Female Genital Cutting In Ghana, Anna Amma Sallah

Electronic Theses and Dissertations

The unassailable continuity of female genital cutting (FGC) despite its criminalization and the salience wielded over the past few decades stokes thoughts about what is missing—signifying the need to examine present legal mechanisms pertinent to FGC critically. The current research fails to consider the full breadth of the entanglement of law and culture relating to FGC, which is important because where the change of behavior is the objective of the law, social and legal norms must interact. By relying on the basis that FGC is not a normative crime but a deeply rooted cultural practice, I argue that international law …

"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito

Honors Theses

This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This will …

Unrwa And Palestine Refugees, Susan M. Akram

Faculty Scholarship

This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the …

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

Competing Claims: The Developing Role Of International Law And Unilateral Challenges To Maritime Claims In The South China Sea, Kevin Leddy

Vanderbilt Journal of Transnational Law

Chinese military and economic expansion have led to a commensurate decrease in the ability of neighboring countries to object to excessive maritime claims in the South China Sea. The existing framework of international law under the United Nations Convention on the Law of the Sea provides an anchoring point for coastal states' legal claims to the region, but it does not adequately address the complicated diplomacy challenges created by unilateral military action and unique geographical issues, such as artificial islands. Gradual acquiescence to maritime claims that do not comply with international law results from these conditions. Once these boundaries are …

China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron

Honors Theses

This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.

The Blue State: Unrwa's Transition From Relief To Development In Providing Education To Palestinian Refugees In Jordan, Alana Mitias

Honors Theses

Often referred to as the “Blue State”–due in part to its association with the United Nations’ trademark blue branding–the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) has evolved since its creation in 1949 to become both a symbol of the Palestinian cause and an inimitable public service provider across its five areas of operation, especially in regards to education. In the Hashemite Kingdom of Jordan alone, the UNRWA education program educates more than 120,000 students in 169 schools with results comparable with, if not often superior to, Jordanian public schools.

The UNRWA regime …

Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian

Loyola of Los Angeles Law Review

No abstract provided.

Sovereignty In Light Of International Developments

UAEU Law Journal

The doctrine of sovereignty is well recognized by the international community. It governs inter-states relations. International law preserves the sovereignty of states on an equal basis. However, contemporary developments at the international arena reveal that the doctrine of sovereignty is still an evolving one .Its effects and limits are being redefined in the context of permitting intervention in states international affairs on several grounds. They include the protection of human rights, promoting democracy, combating international terrorism, imposing fact-finding committees, pre-emptive war and humanitarian intervention. This article examines the impact of these developments on the doctrine of sovereignty

The Aggravating Duty Of Non-Aggravation, Steven R. Ratner

Articles

International law's duty of non-aggravation requires states to avoid actions that might inflame an international dispute, both to maintain international peace and to preserve the effectiveness of judicial or arbitral proceedings. Yet parties on the receiving end of calls for non-aggravation --whether from the Security Council or at tribunal -- have little idea of what conduct they are expected to avoid. This state of affairs is most unfortunate in light of the centrality of this norm to the peaceful resolution of disputes and, in particular, examples of seemingly provocative and aggravating acts in recent years. This article attempts to give …

Wither Away State Right To Wage War Unilaterally, Giovanni Distefano

UAEU Law Journal

One only has to look into the history of international relations to realize that the use of force has been intrinsically related to the ius gentium. For example, it is quite revealing that international law, as a scientific discipline, emerged from this relation. There are also many publications from the founding fathers that are related to this branch of law and which tittles specifically mentioned the law in war. To this end, one can relate to the works of De Vitoria, Suarez, Molina, Grotius, etc. Thus, it would not be too bold to claim that the modern international order …

The Effectiveness Of The International Rule, M0hammed Thamer Al- Sadoon

UAEU Law Journal

The issue of entry into force of the international rules in domestic law is an important issue in the laws of international and internal and cares studied scholars of international law and constitutional alike , as to determine this effect, determines the work of state institutions at home and avoids the State Responsibility International , that the states are going , in their constitutions or according to its internal practices , the distinction between the rules of international law and general principles of law on the one hand and between the rules of the International Convention and give each type …

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …

Pandemics And International Law: The Need For International Action, Claudio Grossman

Human Rights Brief

No abstract provided.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Intellectual Property As A Determinant Of Health, Ana S. Rutschman

Vanderbilt Journal of Transnational Law

Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …

Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson

Vanderbilt Journal of Transnational Law

The United Nations Palermo Protocol provides an international framework for regulating human trafficking with aims of increasing perpetrator prosecution and victim rehabilitation. Signatory nations implement this resolution through domestic legislation. Discrepancies across these statutes result in dangerous jurisdictional gaps and chaotically varied law enforcement approaches. Though legal scholarship rarely addresses the topic, pornography-based sex trafficking provides a clear example of this trend. The unique digital features of the internet compound these challenges. This Note seeks to close procedural gaps and alleviate policing frustrations through a proprietary examination of the Protocol’s “exploitation” definition and suggests an amendment to the Protocol that …

Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Disciplinary Privilege And The Promise Of Decampment: A Response To James Thou Gathii, Fleur Johns

American University International Law Review

No abstract provided.

International Legal, Policy And Institutional Issues Raised By The Covid-19 [Portugal], Patrícia Galvão Teles

American University International Law Review

INTRODUCTION

Three basic sets of questions arise when we attempt to look back to what is now almost one year of probably the greatest pandemic in human history, and also when we look to the future to see what can be improved to fight epidemics and pandemics of this scale and nature. The first set of questions, for us as lawyers, are the legal issues that we are dealing with in regards to the existing legal framework, and how it is interpreted and applied in the event of a pandemic. The second set of questions are policy issues. Discussing the …

Ensuring Access To Accurate Information And Combatting Misinformation, Diane Orentlicher

American University International Law Review

No abstract provided.

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii

Faculty Publications & Other Works

This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …

The Promise Of International Law: A Third World View, James T. Gathii

Faculty Publications & Other Works

No abstract provided.