Law Commons^™

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow

Mary Ellen O'Connell

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th Edition captures the critical developments for law students as they prepare for the global legal marketplace.Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.Professor …

The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow

Naomi Roht-Arriaza

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th Edition captures the critical developments for law students as they prepare for the global legal marketplace.Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.Professor …

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a vision of …

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …

Global Economic Inequality And The Potential For Global Democracy: A Functionalist Analysis, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay

Jihan A Kahssay

No abstract provided.

The Global Workplace: International And Comparative Employment Law: Cases And Materials, William Corbett, Roger Blanpain, Susan Bisom-Rapp, Hilary Josephs, Michael Zimmer

William R. Corbett

The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores …

Organizing With International Framework Agreements: An Exploratory Study, César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

International Economic Cooperation As A Social Phenomenon: A Reply To Posner & Sykes, Sungjoon Cho

Sungjoon Cho

No abstract provided.

"Kill 'Em And Sort It Out Later:" Signature Drone Strikes In International Humanitarian Law, Kristina Benson

K Benson

As of this writing, signature drone strikes have been used to kill thousands of people in Yemen, Pakistan, and Afghanistan. Signature strikes, where unknown individuals are targeted for their “signatures,” or behavioral patterns, have killed or injured hundreds of civilians, caused massive psychological trauma among civilian populations, complicated the relationship between the U.S. and Pakistan, and compromised the stated objective of winning hearts and minds. Even so, no scholarly articles have focused on signature strikes’ legality under International Humanitarian Law. This paper uses on-the-ground investigative reports and recently leaked, Justice Department legal analysis to argue that signatures are a problematic …

An International Organization's Identity Crisis, Sungjoon Cho

Sungjoon Cho

No abstract provided.

How The World Trade Community Operates: Norms And Discourse, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow

Kevin Crow

Taxing Indirect Transfers: Improving An Instrument For Stemming Tax And Legal Base Erosion, Wei Cui

Wei Cui

Numerous countries (e.g. Canada, Australia and Japan) tax foreigners on the gains realized on transfers of interests in foreign entities that invest directly or indirectly in real estates in these countries. In the last few years, actions taken by tax authorities in India, China, Brazil, Indonesia and other non-OECD countries have highlighted the possibility of taxing a broader range of “indirect share transfers” by foreigners. This Article argues taxing indirect transfers can have vital policy significance in countries where foreign inbound investments are actively traded in offshore markets: it not only deters tax avoidance, but may also stanch “legal base …

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

Confucianism And Antitrust: China's Emerging Evolutionary Approach To Anti-Monopoly Law, Thomas J. Horton

Thomas J. Horton

In August, 2007, the People’s Republic of China, through its National People’s Congress, enacted its Anti-Monopoly Law, which took effect in August, 2008. This article discusses the historical, cultural, and philosophical values that have helped to shape and influence China’s current AML. Rather than following the United States and Europe, China appears to be charting its own course in interpreting and enforcing its competition laws. Based upon China’s history, culture, and Confucian ethics and morals, this article forecasts that China’s future AML enforcement will be based upon social, moral, and ethical considerations, as well as economic ones. This article concludes …

New Financing, Market Stabilization, And Debt-Cutting Techniques In Sovereign Debt Restructurings: The European Perspective, Matteo Mazzoni

matteo mazzoni

As of today there are two major models of sovereign debt restructuring. The first model is offered by the experiences of the Paris Club and the London Club. The second model is based on the active intervention, leadership, and financial support of international institutions, such as the IMF.

The recent experiences of sovereign debt restructurings in the Eurozone follow the second model. However, the first model has also been a source of inspiration. In particular, recourse to the practice of seeking solutions through negotiations has been made in the area of debt-cutting required from the private sector’s bondholders.

Notwithstanding the …

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 …

Networking Customary Law, Scott Sullivan

Scott Sullivan

In United States v. Jones, the U.S. Supreme Court considered whether gathering four weeks of GPS information capturing a suspect’s movement on public roads constituted an unlawful search under the Fourth Amendment of the U.S. Constitution. In two separate concurring opinions, Justices Alito and Sotomayor rejected the notion that all of a citizen’s movements in public were free from the Amendment’s protection. A unifying theme for both justices was the power of contemporary technology to aggregate isolated acts into a comprehensive knowledge of a person’s private life. Justice Alito writing on behalf of four Justices notes that, over time, the …

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

Mark A. Drumbl

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 …

Trade, Globalisation And Economic Policy, Patrick Kelly

Patrick Kelly

No abstract provided.

The Least Religious Branch? The New Islamic Constitutionalism After The Arab Spring, Intisar Rabb

Intisar A. Rabb

No abstract provided.

Reparations For The Uyghur Refugees Illegally Detained At Guantánamo Bay, Robin A. Lukes

Robin A. Lukes

The United States wrongfully captured a group of Uyghur refugees near the Afghanistan-Pakistan border and detained them at Guantánamo Bay. These detentions violated customary international law, conventions and treaties. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts outline reparations required for a violation of State obligations. In order to fully repair the grave damage inflicted on the Uyghur refugees by their illegal detention, the United States must provide restitution, compensation and satisfaction, including a resettlement option in the United States for the Uyghur refugees who were held or who currently are held at Guantánamo.

International Business Transactions: Foreign Investment (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook, now in its 11th edition (2012). The purpose of this volume is to facilitate a focused study of issues arising out of planning, operating, and terminating foreign investments. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues arising out of the initiation of a foreign investment, as well as operational, financing, and termination issues. The primary focus is on lawyers as problem solvers .

International Business Transactions: Trade And Economic Relations (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

This is a special break-out edition adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the law of international trade and economic relations. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues regarding imports, exports, technology transfers, and dispute settlement in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.

International Business Transactions: Contracting Across Borders (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the contractual issues arising out of international sales transactions. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important contract law issues arising out of international sales transactions and letters of credit in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.

Complexity Theory And The Horizontal And Vertical Dimensions Of State Responsibility, Mark A. Chinen

Mark A. Chinen

In this Article I argue along with other commentators that a gap that has always existed in the law of state responsibility is now becoming more evident, namely the one that exists between a state and its citizens, making it difficult to justify why state responsibility should be distributed to those citizens. If for example a state agrees at the international level to undertake domestic austerity measures, why should its citizens bear the costs of such measures, especially when the same state is obligated under international law to protect those citizens’ human rights?

I use concepts taken from complexity theory …

Hydropower: It's A Small World After All, Gina Warren

Gina Warren

Global warming is here. As exhibited by the recent droughts, heat waves, severe storms and floods, climate change is no longer a question for the future, but a problem for the present. Of the many ways to help combat climate change, this article discusses the use of the most abundant renewable energy source on the plant – water. While large-scale hydropower (think Hoover Dam) is unlikely to see increased development due to its negative impact on the environment, fish, and wildlife, small-scale hydropower (think a highly technologically-advanced water mill) is environmentally-friendly and would produce clean, renewable energy to benefit local …

An Integrative Model For Icc Enforcement Of Arrest & Surrender Requests: Towards A More Political Court?, Nadia Banteka

Nadia Banteka

No abstract provided.