Law Commons^™

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

Linda A. Malone

No abstract provided.

Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer

James T Gathii

This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Charles C. Jalloh

The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …

International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh

Charles C. Jalloh

A fundamental pillar of the Rome Statute of the International Criminal Court (ICC) is Article 17, which enshrines the complementarity principle – the idea that ICC jurisdiction will only be triggered when states fail to act to prosecute genocide, crimes against humanity and war crimes within their national courts or in circumstances where they prove unwilling and or unable to do so. The problem is that, as shown in this case report in the American Journal of International Law on the first ICC Appeals Chamber ruling regarding a state party’s objection to the court’s assertion of jurisdiction over its nationals, …

Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark

Debra Pogrund Stark

This Note will first examine how jurisdiction was asserted over Marc Rich & Co. through the district court's application of two theories of jurisdiction31 (the presence/doing business test and the transactingbusiness test) and the court of appeals' application of three theories of jurisdiction32 (the detrimental consequences test, the presence/doing business test, and the transacting business test).33 This Note will argue that Marc Rich underscores the inadequacy of the presence/doing busi- ness test in protecting a state's interest in prosecuting alleged violations of its laws.34 According to the district court, jurisdiction over Marc Rich & Co. would not have existed under …

Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper

Danielle Ireland-Piper

Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …

Claims Under The Administrative Procedure Act Before The Court Of International Trade — A General Overview And Analysis Of Significant Recent Jurisprudence, Mark A. Moran, Wentong Zheng

Wentong Zheng

At first blush, the subject matter of this paper would seem a particularly anomalous topic for discussion at a conference devoted to the jurisprudence of the U.S. Court of International Trade (“CIT”). After all, among the some four thousand published decisions the CIT has issued since its creation in 1980, relatively few have involved causes of action predicated explicitly on the Administrative Procedure Act (“APA”). One might reasonably ask why we should bother devoting an entire panel discussion to an issue that so infrequently commands the CIT’s attention. The first answer is that all is not as it seems, and …

A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor Jr Schilling

Theodor JR Schilling

Judge-made international law (JMIL) based on a law of reason exists as well in some municipal court decisions setting a precedent as in ones building upon such a precedent. Such court decisions rely on the faculty of judicial borderline institutions to decide against normally binding customary international law (CIL). This implies for the first group that they may positivise a law of reason, and for the second group they may defer to thus positivised laws of reason, both irrespective of contrary CIL. Norms of JMIL and of CIL are determined according to different secondary rules. Therefore, court decisions which are …

International Adjudication Of Land Disputes: For Development And Transnationalism, Perry S. Bechky

Perry S. Bechky

This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called Salini contribution-to-development test in favor of case-by-case adjudication on the merits. Second, the article locates such adjudication within the modern trend toward transnationalism, a trend that unites international investment law with human rights law. In light of these observations, the article concludes that international adjudication of land disputes may contribute to such human values as development, human rights, and the rule of law.

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurule

Jimmy Gurule

No abstract provided.

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Douglass Cassel

No abstract provided.

The Extraterritoriality Of Eu Data Privacy Law - Its Theoretical Justification And Its Practical Effect On U.S. Businesses, Dan Jerker B. Svantesson

Dan Svantesson

Due to its extraterritorial effect, the European Union’s trailblazing data privacy law has long been a major concern for U.S. businesses. With the proposal for a new data privacy framework in the EU, with potential penalties of up to 2% of an offending enterprise’s annual worldwide turnover, such concerns are justified indeed; particularly as the EU at the same time seems to be expanding the extraterritorial reach of its data privacy law.

This article examines the extraterritoriality of current and proposed EU data privacy law and analyses whether those claims of extraterritoriality can be either justified or objected to by …

The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl

Mark A. Drumbl

The International Criminal Court has jurisdiction over the crime of aggression, but the Rome Statute fails to define the crime. A Special Work- ing Group on the Crime of Aggression, however, has made considerable progress in developing a definition. The consensus that has emerged favors a narrow definition. Three characteristics animate this consensus: (1) that state action is central to the crime; (2) that acts of aggression involve inter- state armed conflict; and (3) that criminal responsibility attaches only to very top political or military leaders. This Article normatively challenges this consensus. I argue that expanding the scope of the …

Jurisdiction In Relation To Online Cross-Border Infringements - The Code And The Law, Ulf Maunsbach

Ulf Maunsbach

During recent years the European Court of Justice (ECJ) has proven to be increasingly active in relation to cross-border intellectual property disputes. The relevant cases cover a wide range of issues, from advertisement through use of keywords, to copyright-related issues involved in making protected material available through the Internet. All in all, it might be said that the Internet era has finally reached the Court of Justice. A similar development is visible in Swedish courts. This provides for an unlimited amount of material for further discussion. In this paper I would like to provide a short summary of the recent …

Here Comes The Internet, And Why It Matters - Private International Law In Transition, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Watered-Down Rights On The High Seas: Hirsi Jamaa And Others V Italy, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.

Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

James Grimmelmann

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

International Law Colloquia, Spring 2006 Series, Roger Alford, Laura Dickinson, Mark Drumbl, Karen Knop, Diane Orentlicher, Brad Roth, Edward Swaine

Diane Orentlicher

Spring 2006 Presenters: February 10: Laura A. Dickinson (University of Connecticut School of Law), Democracy and Trust February 17: Mark A. Drumbl (Washington and Lee University School of Law), Atrocity and Punishment February 24: Karen Knop (University of Toronto Faculty of Law), Enemies and Outlaws: War and the Public/Private Citizen March 3: Brad R. Roth (Wayne State University Department of Political Science), State Sovereignty, International Legality, and Moral Disagreement April 7: Diane Orentlicher (American University Washington College of Law), Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles April 14: Roger P. Alford (Pepperdine University School of Law), Foreign Relations as …

Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug

Ulf Maunsbach

No abstract provided.

Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan

Ulf Maunsbach

No abstract provided.

Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant

Michelle Gallant

This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.

Corporate Militaries And States: Actors, Interactions And Reactions, Benedict Sheehy

Benedict Sheehy

Following the military forces of the US and the UK, PMF's make up the third largest contingent in Iraq. The article examines the interaction between states and PMF's, problems with their use for both contracting states and those where the PMF is operating. It provides six case studies and an examination of state legal responses.

Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …

Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt

Ulf Maunsbach

No abstract provided.

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …