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Series

2011

International Law

Case Western Reserve University School of Law

Articles 1 - 17 of 17

Full-Text Articles in Law

Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp Jan 2011

Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp Jan 2011

Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, Baker & Mckenzie Llp Jan 2011

If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Prosecuting Child Pirates, Danielle Fritz Jan 2011

Prosecuting Child Pirates, Danielle Fritz

War Crimes Memoranda

No abstract provided.


Domestic Incorporation Of International Law: Comparative State Practice, Pilpg Jan 2011

Domestic Incorporation Of International Law: Comparative State Practice, Pilpg

War Crimes Memoranda

No abstract provided.


Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg Jan 2011

Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg

War Crimes Memoranda

No abstract provided.


Payment Of Piracy Ransoms, Pilpg Jan 2011

Payment Of Piracy Ransoms, Pilpg

War Crimes Memoranda

No abstract provided.


Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg Jan 2011

Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg

War Crimes Memoranda

No abstract provided.


What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry Jan 2011

What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry

War Crimes Memoranda

No abstract provided.


Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards Jan 2011

Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.


Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp Jan 2011

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards Jan 2011

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.


Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz Jan 2011

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.


Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster Jan 2011

Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster

Faculty Publications

The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …


The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares Jan 2011

The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares

Faculty Publications

Mainstream international trade law scholars have commented positively on the work of World Trade Organization (WTO) adjudicators. This favorable view is both echoed and challenged by empirical scholarship that shows a high disparity between Complainant and Respondent success rates (Complainants win between 8 and 9 percent of the disputes). Regardless of how one interprets these results, mainstream theorists, especially legalists, believe more is to be done to strengthen the system, and they point to instances of member recalcitrance to implement rulings as a serious problem. This article posits that such attempts to strengthen compliance are ill-advised. After discussing prior empirical …