Law Commons^™

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Faith, The State, And The Humility Of International Law, Mark Weston Janis

Faculty Articles and Papers

Father Robert Drinan, long a leading advocate of human rights, has had a distinguished career serving as a U.S. congressman from Massachusetts, as Dean of the Boston College Law School, and now as Professor of Law at Georgetown University Law Center. Father Drinan's new book, Can God and Caesar Coexist?: Balancing Religious Freedom and International Law, sensitively and persuasively sets out the often tortuous relations among religion (the God of his title), national governments (Caesar), and international law (the new and possibly helpful partner in this relationship). My essay employs the facts and arguments in Father Drinan's Can God and …

The American Tradition Of International Law: Exceptionalism And Universalism, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

The Moiwana Village Case, Claudia Martin

Articles in Law Reviews & Other Academic Journals

Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from'Bush Negroes' or 'Maroons', namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an …

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers

Other resources

This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.

This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the …

Article 85: If Someone Is Wrongfully Detained Or Convicted, What Recourse Does He Have? What Compensation Is He Entitled To? Is This Monetary, And If So, Where Does The Money Come From? What Should The Court Take Into Consideration When Deciding On Compensation?, Robert C. Bliss

War Crimes Memoranda

No abstract provided.

Bail In The 21st Century: Is There A Role For Ankle Monitors, Electronic Supervision, And The Like Within International Criminal Justice In Light Of Long Pre-Trial Detention?, David Selby

War Crimes Memoranda

No abstract provided.

After The 1991 Gulf War Ended, The Shiite Population In Southern Iraq And The Kurdish Population In Northern Iraq Revolted Against The Iraqi Government... : Deliberate Attacks, Imams From These Mosques Were Providing Medical Treatment And Shelter To Injured Civilians And Insurgents..., Emily J. Peters

War Crimes Memoranda

. 3) Iraqi troops entered hospitals in Basrah and Karbala and summarily murdered any males between the age of 12 and 70. Iraqi troops also murdered, tortured, and raped medical personnel who had provided treatment to insurgents. 4) Ali Hassan Al Majid rounded up male civilians (of fighting age) and ordered them to drink petrol. After these men drank the petrol, Al Majid ordered his troops to fire or personally fired himself tracer bullets into the victims so that the petrol would ignite and the victim would explode. This tactic was used to intimidate people into offering information about insurgent …

Can An Alleged Superior Officer Be Convicted Under Command Repsonsibility Even If He Was Deprived Of His Authority But Still Held A Formal Command Position? What Is Meant By “Effective Control” Under The Doctrine Of Command Repsonsibility?, Zachery Lampell

War Crimes Memoranda

No abstract provided.

Can The International Criminal Court Accept A Referral From The United Nations Security Council Of The Murder Of Former Lebanese Prime Minister Rafik Hariri?, Madhusha Dissanayake

War Crimes Memoranda

No abstract provided.

In The Interest Of Conserving Tribunal Resources, What Concrete Limits Can A Trial Chamber Put On The Parties To Reduce The Length Of Their Cases, Limit Cross-Examination, And Impose A Date Certain For Completion Of Trial?, Michelle Oliver

War Crimes Memoranda

No abstract provided.

Does The Principle Of Lex Mitior Limit The Iraqi High Tribunal’S Ability To Impose The Death Sentence On Those Found Guilty Of Capital Crimes?, Meredith Wood Bowen

War Crimes Memoranda

No abstract provided.

Do Any Of The Following Acts, Which Occurred During Iraq’S Invasion And Occupation Of Kuwait, Constitute Crimes Under The Iht Statute: (1) The Removal Of Food, Medical Supplies, And Medical Equipment From Kuwait To Iraq; (2) The Destruction Of Kuwaiti Assets And Infrastructures; And (3) The Destruction Of Kuwaiti Oil Wells And Oil Refineries, And The Deliberate Release Of Oil Into The Persian Gulf?, Andrew M. Katz

War Crimes Memoranda

No abstract provided.

How Will International Criminal Procedural Law Supplement Uncertainties Or Gaps In Cambodian Criminal Procedural Law During The Course Of The Cec Proceedings; And What Are The Major Impediments In Implementing International Procedural Safeguards On A Domestic Level?, Sarah Schauerte

War Crimes Memoranda

No abstract provided.

Evidentiary Challenges Due To The Lapse Of Thirty Years: Investigations Conducted By Ngo’S, The Role Of Hearsay Evidence, Forensic Evidence As An Important Feature, As Well As National And International Jurisprudence On Such Factors, Kathleen Rudis

War Crimes Memoranda

No abstract provided.

Many Legal Scholars And Defense Attorneys Appearing Before The Iht Have Argued That, Under Relevant Principles Of International Law, A State Cannot Recognize The Consequences Of An Illegal Action…, Brian J. Field

War Crimes Memoranda

No abstract provided.

What Is The Purpose Of The Pre-Trial Chamber’S Confirmation Hearing?, Kevin Hussey

War Crimes Memoranda

No abstract provided.

What Course Of Action May Or Must The Trial Chamber Take If, At The End Of The Trial, It Is Not Satisfied That All Of The Elements Of The Crime Charged Have Been Proven Beyond A Reasonable Doubt But It Is Satisfied That The Evidence Proves Beyond A Reasonable Doubt All The Elements Of A Different, But Related, Crime., Traci M. Donovan

War Crimes Memoranda

No abstract provided.

What May/Must The Trial Chamber Do If All Of The Elements Of The Charged Offense Are Not Proven Beyond A Reasonable Doubt But All Of The Elements Of An Uncharged, But Related, Offense Are Proven Beyond A Reasonable Doubt?, Christopher Kringel

War Crimes Memoranda

No abstract provided.

What Precautions And Remedies May A Trial Chamber Exercise When Defense Counsel Fails To Appear?, Kyle David Miller

War Crimes Memoranda

What precautions and remedies may a trial chamber exercise when defense counsel fails to appear? If the purpose of a defendant is to delay the proceedings, is replacing counsel tantamount to acceding to such delay? Why are tribunals reluctant to rely on co-counsel serving as lead counsel? Should duty counsel be appointed? Should the international courts use a public-defender system to avoid such problems? Do national bars have a duty to honor punishments doled out by the international tribunals? Is there any practical effect?

What Minimum Standards Must The Iht Follow When Assigning Pulic Defenders In Place Of Privately Retained Defense Counsel So That The Defendant’S Right To A Fair Trial Is Not Prejudiced?, Thihan Nyun

War Crimes Memoranda

No abstract provided.

The Impact Of Regional Economic Integration Under The Gatt/Wto Regime Toward The Peace Process: The Case Of Conflict Resolution Between Taiwan And Mainland China, Chen-Yu Wang

SJD Dissertation Abstracts

The main idea of this dissertation is to analyze the possible range of expected a bilateral trade agreement toward economic integration between Taiwan and Mainland China as the first step of peace process. By doing this, this dissertation is devoted to the examination of the "regional economic integration under the GATT/WTO regime" and its impacts on the "peace process," especially in the circumstance of Taiwan Strait.

Although the mutual economic and trade transactions are closer than ever before, the political conflicts between Taiwan and Mainland China are too serious to nearly reach war. Taking into consideration the successful accession into …

Rethinking The Great Lakes Compact, Mark Squillace

Publications

On December 13, 2005, the Governors and Premiers of the Great Lakes states and provinces signed a Compact and Agreement that commits the parties to a rigorous program to regulate individual water uses, with citizen suits to enforce the requirements. While the Great Lakes-St. Lawrence River Basin Water Resources Compact and companion Agreement are commendable in many respects, this Article argues that people who care about the future of the Great Lakes should urge policymakers to reject the current proposals and rethink the entire approach. The proposed compact is fundamentally flawed and will not achieve the ultimate stated goal of …

Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho

Faculty Scholarship

The international human rights system enters the twenty-first century facing a profound anomaly. Despite remarkable normative and institutional developments since the system's inception, the world remains mired in widespread violations of human dignity. Genocidal episodes have repeatedly scarred the consciousness of humankind since World War ll. Floods of refugees and simmering ethnic conflicts continually challenge the international community's capacity to respond, and grotesque forms of physical abuse, such as torture and summary execution, remain commonplace Despite a promising trend toward democratic governance around the world, basic civil liberties for countless millions remain only an empty promise.' Most disheartening of all, …