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Year In Review Lecture, Milena Sterio

Law Faculty Articles and Essays

No abstract provided.

Self-Determination And Secession Under International Law: Nagorno-Karabakh, Milena Sterio

Law Faculty Articles and Essays

The principle of self-determination grants minority groups defined as “peoples” the right to auto-determine their political future. This principle, while stemming back to post-World War I ideologies, has guided decolonisation and has served as the theoretical underpinning of former colonies’ independence quests. In the more recent decades, however, questions have surfaced regarding this principle’s applicability in the non-decolonisation paradigm: can secessionist movements rely on the principle of self-determination to justify their independence demands? Or, does the principle of self-determination in the non-decolonisation paradigm only bestow a right to internal autonomy on secessionist entities, while obligating them to remain within the …

Talking Foreign Policy: The Iran Nuclear Accord, Milena Sterio, Avidan Cover, Mike Newton, Paul Williams, Michael P. Scharf

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand.

This broadcast featured:

• Milena Sterio, Associate Dean and Professor of Law at Cleveland-Marshall College of Law. Sterio is also one of six permanent editors of the IntLawGrrls blog and an expert in the field of international law
• Avidan Cover, Director of the Institute …

President Obama's Legacy: The Iran Nuclear Agreement?, Milena Sterio

Law Faculty Articles and Essays

Iran, the United States, and several world super-powers signed a historic nuclear agreement over the summer of 2015. The Agreement is a comprehensive plan of action, with an unprecedented level of minutia and detail regarding Iran’s commitment to curb its nuclear program in exchange for the lifting of United Nations-imposed sanctions against Iran. This Agreement, if it is successfully implemented, may represent President Obama’s most significant foreign policy achievement and may become the most important element of President Obama's legacy.

This article examines the Iran Nuclear Agreement by focusing on the events that led to the imposition of sanctions against …

The Applicability Of The Humanitarian Intervention 'Exception' To The Middle Eastern Refugee Crisis: Why The International Community Should Intervene Against Isis, Milena Sterio

Law Faculty Articles and Essays

The refugee crises in Iraq and Syria, which has been evolving over the past decade as a result of both ongoing conflict in these countries and the recent surge of Islamic State-led violence, has morphed into a true humanitarian catastrophe. Tens of thousands of refugees have been subjected to violence and have been dispersed and forced to live under dire conditions; such massive population flows have destabilized the entire region and have threatened the stability of neighboring countries. The United States and several other countries have been engaged in a military air strike campaign against the Islamic State, but the …

Self-Determination And Secession Under International Law: The New Framework, Milena Sterio

Law Faculty Articles and Essays

This Article argues toward the necessity to develop a new international law framework on secession. The development of such a normative framework is necessary in order to address various secessionist situations around the globe and to replace the resolution of secessionist struggles through politics of the Great Powers with true legal norms.

This Article first analyzes several examples of successful and failed secessions in recent history. Next it focuses on existing international law on the subject matter of secession and concludes that existing norms are insufficient and indefinite. Finally, it develops a new proposed framework on secession, which attempts to …

Talking Foreign Policy: A Discussion On Cyber Warfare, Milena Sterio, Shannon French, Michael Newton, Peter Singer, Michael P. Scharf

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand.

This broadcast featured:

• Peter Singer, Director of the Center for 21st Century Security and Intelligence, Brookings Institution
• Michael Newton, Professor of Law, Vanderbilt University
• Milena Sterio, Associate Professor of Law, Cleveland-Marshall College of Law
• Shannon French, Professor of Philosophy and Director of the …

The Covert Use Of Drones: How Secrecy Undermines Oversight And Accountability, Milena Sterio

Law Faculty Articles and Essays

Under the Obama Administration, the number of drone strikes has sharply increased, prompting criticism and concern. As one commentator has noted, “[u]nder Obama, drone strikes have become too frequent, too unilateral, and too much associated with the heavy-handed use of American power.” Many scholars have focused on the legal issues arising from the use of drones, analyzing their legality under applicable law of self-defense, as well as under international humanitarian law and international human rights law.

This Article highlights another problematic aspect of the current American use of drones, which is secrecy. As will be argued below, because a large …

Humanitarian Intervention Post-Syria: A Grotian Moment, Milena Sterio

Law Faculty Articles and Essays

Grotian Moment is a term that signifies a "paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance." A Grotian Moment is thus "an instance in which a fundamental change in the exiting international system happens, thereby provoking the emergence of a new principle of customary law with outstanding speed." Professor Richard Falk invented the term Grotian Moment in 1985. Since then, the term has been employed by experts in a variety of ways. Here, I will adopt the following meaning of Grotian Moment as proposed by Professor Michael Scharf: "a transformative …

Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio

Law Faculty Articles and Essays

This article looks at the state of affairs under international law by focusing on the existing ban on the use of force and the established exceptions thereto as of December 2014. Topics discussed include the concept of humanitarian intervention, the civil crises in Syria, and international law for the legality of military intervention in Syria. It also examines Harold Koh's proposed normative framework for humanitarian intervention.

The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post-Icc, Milena Sterio

Law Faculty Articles and Essays

Over the past two decades, various mechanisms of international and regional justice have developed. The proliferation of international courts, hybrid tribunals, domestic war crimes chambers, truth commissions, civil compensation commissions, and other tools of accountability has sparked an academic debate over the usefulness of any such mechanism for redressing past violations of international law. This Article briefly discusses some of the best-known mechanisms of international, national, and "hybrid" justice, and assesses their role in light of the creation and existence of the International Criminal Court (ICC), the only permanent tribunal in international criminal law. Does international justice have a place …

International Criminal Law In 2013: The Most Significant Developments (Proceedings Of The Asil Annual Meeting), Milena Sterio

Law Faculty Presentations and Testimony

While many events have shaped the development of international criminal law over the past year, the most significant ones, in my view, included the Special Court for Sierra Leone's appellate confirmation of the Charles Taylor verdict, as well as the United Nations Security Council's failure to refer the Syrian situation to the International Criminal Court (ICC).

How The Rescue And Return Agreement Can Protect (And Harm) The Interest Of A Creditor Under The Cape Town Convention, Mark J. Sundahl

Law Faculty Contributions to Books

This volume contains the proceedings of the 55th Colloquium on the Law of Outer Space held in Naples, Italy in October 2012, including the 27th IAA-IISL Scientific-Legal Roundtable, as well as the papers presented at the IISL-ECSL Space Law Symposium held on the occasion of the 51st session of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space in Vienna, Austria in March 2012, and of the 7th Eilene M. Galloway Symposium on Critical Issues In Space Law, held in Washington D.C., United States in December 2012. It also contains the report and best written …

Juvenile Pirates: "Lost Boys" Or Violent Criminals?, Milena Sterio

Law Faculty Articles and Essays

Piracy off the coast of Somalia has flourished over the past decade, and has both caused a global crisis in maritime shipping and destabilized regional security in East Africa. In addition, piracy attacks have spread more recently to the coast of West Africa, and in particular, the Gulf of Guinea. Thus, piracy is an ongoing global issue that should continue to occupy many maritime nations in the near future, and one that should command continuous scholarly attention.

This article examines the issue of juvenile piracy, with a specific focus on the treatment of juvenile piracy suspects by both the capturing …

The Effect Of Violence On Tourism: Israel-Gaza Conflict, Jeromy Simonovic

In the Balance

No abstract provided.

Free Expression And Censorship: The Evolving Role Of American Companies In The Age Of The Internet, Daniel Witt

In the Balance

No abstract provided.

Batter Up: Who’S Prepared To Take The Hit From The Stuxnet Aftermath?, Kortney Mosley

In the Balance

No abstract provided.

License To Kill? Corporate Liability Under The Alien Tort Claims Act?, Kevin Golden

In the Balance

Because Kiobel removed corporate defendants from the scope of civil liability under the ATS, and because a corporation is not a person who can be charged, convicted and imprisoned for a crime, it effectively placed large multinational corporations above the law. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 145 (2d Cir. 2010). In Part II of this article, I will provide a necessary overview of the history of the ATS and its evolution into modern-day relevance. I will discuss the state of ATS law as it pertains to corporations in Part III. Lastly, I will discuss the Kiobel …

Is American Military Force A Legal Response If Iran Closes The Strait Of Hormuz?, Matthew O. Williams

In the Balance

No abstract provided.

Costa Concordia Crash Sparks New Regulation: May Be Too Late To Salvage Business , Katherine Bender

In the Balance

No abstract provided.

Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio

Law Faculty Articles and Essays

The Soviet secret police murdered thousands of Poles near the Katyn Forest, just outside the Russian city of Smolensk, in the early spring of 1940. The Soviets targeted members of the Polish intelligentsia-military officers, doctors, engineers, police officers, and teachers-which Stalin, the Soviet leader, sought to eradicate preventively. At the start of World War II, the Soviet Union viewed Poland as attractive territory, to be conquered and potentially annexed after the war. The Katyn massacre was not discovered until 1943, by the Germans, who instantly blamed the Soviets. The latter, however, blamed the Germans, and the Western Allies begrudgingly accepted …

Piracy Off The Coast Of Somalia: The Argument For Pirate Prosecutions In The National Courts Of Kenya, The Seychelles, And Mauritius, Milena Sterio

Law Faculty Articles and Essays

This article will argue that, in order to combat the rise of Somali piracy, major maritime nations should rely on national prosecutions of Somali pirates in the courts of stable regional partners, such as Kenya, the Seychelles and Mauritius. A systematic transfer program and prosecutions in the national courts of several regional partners would preclude the possibility of pirate catch-and-release, and could ultimately provide enough deterrence to seriously dissuade young Somali men from engaging in piracy. The Somali pirates, enemies of all mankind, may find potent foes in the form of Kenyan, Seychellois and Mauritian prosecutors, who will subject pirates …

A Tale Of Two States: Territoriality And Minority Rights In Kosovo And Georgia, Milena Sterio

Law Faculty Articles and Essays

This article argues that territoriality and minority rights can work in tandem, because most secessionist claims by minority groups involve claims to territory. Thus, territoriality and minority rights are both about land, and the relevant inquiry should be whether to alter the status quo, at the expense of a mother State's territory and in order to accommodate minority rights. This paper seeks to answer this difficult question in the context of recent secessionist struggles in Kosovo and in Georgia. Part 2 discusses the principle of territorial integrity under international law, before turning to a discussion of minority rights, and in …

A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio

Law Faculty Articles and Essays

This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de …

International Law In Crisis: Piracy Off The Coast Of Somalia, Milena Sterio

Law Faculty Articles and Essays

The rise of piracy off the coast of Somalia over the last five years has been spectacular, amounting to a true crisis in international law. During the first six months of 2011, Somali pirates attacked 163 ships and took 361 sailors hostage. As of June 30, 2011, Somali pirates were holding 20 ships and 420 crew members, demanding millions of dollars in ransom for their release. Moreover, pirates have been attacking larger ships, such as oil tankers, and using more potent weapons, such as rocket-propelled grenades and automatic weapons. Pirates have also been attacking during monsoon season, an otherwise risky …

Proceduralisation's Triumph And Engagement's Promise In Socio-Economic Rights Litigation, Brian E. Ray

Law Faculty Articles and Essays

Three of the Constitutional Court's socio-economic rights decisions of the 2009 term are the culmination of a strong trend towards the proceduralisation of socio-economic rights that many commentators have argued fails to fulfill their original promise. This triumph of proceduralisation undeniably restricts the direct transformative potential of these rights. But there is another aspect to this trend - an aspect reflected in the Court's emphasis on participatory democracy and the ability of procedural remedies to democratise the rights-enforcement process. This article considers what the triumph of proceduralisation means for future social and economic rights litigation and argues that properly developed …

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

Law Faculty Articles and Essays

Over the past few years, piracy has exploded off the coast of Somalia. Somali pirates congregate on a "mother ship" and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons such as AK-47s and hand-propelled grenades, Somali pirates attack civilian ships carrying cargo through the Gulf of Aden, a body of water between Yemen and Somalia. Once they have overtaken the victim vessel, the pirates typically hijack the vessel's cargo and kidnap the crewmembers. The cargo is often resold to willing buyers or held for ransom. The crew are kept hostage in Somalia until either …

The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio

Law Faculty Articles and Essays

At the end of 2008, Israel launched a three-week military offensive in the Gaza Strip (Operation Cast Lead), during which Israel carried out over 2,360 air strikes and numerous ground assaults over Gaza, causing the death of approximately 1,300 Palestinians, and wounding over 5,000 individuals. The Gaza conflict sparked numerous allegations of war crimes and international humanitarian law violations by both Israel and Hamas. Thus, the Human Rights Council (HRC) appointed a U.N. Fact Finding Mission on the Gaza Conflict (Goldstone Mission) led by prominent international jurist Richard Goldstone. The Goldstone Mission issued the Goldstone Report in September 2009, concluding …

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Law Faculty Articles and Essays

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. Piracy resembles terrorism in many aspects, on both a theoretical and practical level, and reliance on antiterrorist conventions by piracy-fighting countries will provide these countries with greater legal tools to battle pirates within an established international legal framework. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day …

On The Right To External Self-Determination: "Selfistans," Secession, And The Great Powers' Rule, Milena Sterio

Law Faculty Articles and Essays

This Article discusses, in Part II, the notion of self-determination, its history, and its recent applications. In Part III, this Article describes how the theory of self-determination is linked to other international law concepts, such as statehood, recognition, sovereignty, and intervention. Part IV focuses on several case studies to illustrate the discrepancy of results attached to the self-determination struggles by different peoples.

This Article describes the self-determination quests of East Timor, Kosovo, Chechnya, South Ossetia, and Abkhazia, and will show that while the first two entities achieved external self-determination, the latter three did not. Finally, Part V of this Article …