Law Commons^™

Will The Real "Che" Guevara Please Stand Up? Labor And Authoritarianism In Sandinista Nicaragua, Stephen Diamond

Stephen F. Diamond

This paper examines the impact of authoritarian left theory, in particular that of “Che” Guevara, on labor rights during the Sandinista’s Nicaraguan revolution. This is important because of the current revival of movements like that of Hugo Chavez in Venezuela that rely on similar approaches to labor and human rights issues as that of the original Sandinista movement. In addition, there is widespread interest today in “Che” Guevara, yet little is known or understood about his actual politics while in power during the early years of the Cuban revolution. In addition, there is increasing sympathy for such authoritarian approaches to …

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility, Dermot M. Groome

Dermot M Groome

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

United States Implementation Of The International Criminal Court: Towards The Federalism Of Free Nations, Lauren F. Redman

Lauren F Redman

The political winds are changing, and a more liberal United States government may very well be receptive to ratification of the Rome Statute of the International Criminal Court. The nature and scope of international law are also changing. Individuals are sharing responsibility with states for grave breaches of international law, and globalization has resulted in a marked increase in international tribunals deciding disputes affecting individual interests. Despite these trends, Americans have been wary of the International Criminal Court (ICC).

Federal courts principles borrowed from the legal process school can and should be implemented to govern relations between ICC and domestic …

Trade, Empires And Subjects: China-Africa Trade Relations - A New Fair Trade Arrangement Or The Tird Scramble For Africa?, Uche Ofodile

Uche Ewelukwa

This paper examines the opportunities and pitfalls that renewed Sino-Africa trade relations presents for Africa, traces the evolution in China-Africa partnership discourse, identifies the basic legal and policy framework of the unfolding relationship, and calls for a clear Africa policy regarding China. The paper will also seek to identify the core characteristics of China’s partnership with Africa. The emphasis is on the trade and investment dimension of the Sino-Africa relations. The year 2006 was dubbed “China’s Year of Africa.” Since 2000, the interest of the People’s Republic of China (“China”) in Africa has grown steadily. The Forum on China-Africa Cooperation …

Infringement & The International Reach Of U.S. Patent Law, Moin A. Yahya, Cameron Hutchison

Moin A Yahya

American Patent Law, through both judicial and legislative efforts, has evolved from a strict territorial based set of laws asserting jurisdiction only over those infringements taking place on American soil to a more expansive set of rules asserting jurisdiction over any event that may harm patent holders in the United States regardless of where the infringement is taking place. This, we argue, is contrary to the original purpose of Patent Law and inconsistent with American obligations under the International Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). We argue for a return to territorial based rules of jurisdiction. Such a …

The Universal Declaration Of Human Rights At Sixty: Is It Still Right For The United States?, Tai-Heng Cheng

Tai-Heng Cheng

Many scholars and human rights advocates have hailed the Universal Declaration of Human Rights as a triumph for the human rights movement. The occasion of its sixtieth anniversary in 2008 provides pause to appraise if in fact it has been a success and whether it still is of any value to the United States. To conduct such an appraisal, this article reviewed the contemporaneous records of negotiations leading to the adoption of the Declaration by the UN General Assembly. It also reviewed the decisions of U.S. federal and state courts, the International Court of Justice, and Australian courts that have …

Joint Development Of Offshore Energy Resources In East Asia, Suk Kyoon Kim

Suk Kyoon Kim

Abstract

Disputes over offshore energy resources in disputed waters in East Asia are increasingly becoming a source of conflicts in the region. However the growing needs for energy resources led to joint development in the disputed waters. In the absence of mutually agreed maritime boundaries joint development might be the best practical way to develop offshore energy resources, while not prejudicing each others’ claims. A wide range of issues such as legal, financial, contractual, operational, international problems may arise from joint development. This article discusses prospect and issues of joint development of offshore energy resources in East Asia.

Systemic Risk, Steven L. Schwarcz

Steven L Schwarcz

This article is the first major work of legal scholarship on systemic risk, under which the world’s financial system can collapse like a row of dominoes. There is widespread confusion about the causes and even the definition of systemic risk, and uncertainty how to control it. This article attempts to provide a conceptual framework for examining what risks are truly “systemic,” what causes those risks, and how, if at all, those risks should be regulated.

It begins by carefully examining what systemic risk really means, cutting through the confusion and ambiguity to establish basic parameters. Economists and other scholars historically …

A Alteração Do Regimento Interno Do Supremo Tribunal Federal Para A Aplicação Da Repercussão Geral Da Questão Constitucional No Recurso Extraordinário, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Counterintuitive: Intelligence Operations And International Law, John C. Yoo, Glenn Sulmasy

John C Yoo

This essay addresses proposals for international regulation of intelligence gathering activities. We show that international law currently does not express any strong norms against intelligence gathering. We argue that international law is incapable of regulating such activities and proposals for change would prove counterproductive. Careful attention to the causes of war between rational nation-states shows that these efforts will have the highly undesirable result of making war more, rather than less, likely.

The International Criminal Court And Its Role In Conflict Resolution: The Emperor’S New Clothes, Benita Sumita

Benita Sumita

The International Criminal Court (ICC) is the biggest achievement in the international sphere since the creation of the United Nations. But even in its teething years, the Court is in the spotlight and the time has come to prove its mettle. The test case is Darfur, Sudan, which was referred to the Court under United Nations Security Council Resolution 1593. Several legal and academic observers have commented that the ICC needs Darfur more than Darfur needs the Court. Who needs whom and to what extent is a debate for another paper. This is a discussion and a critical analysis of …

Unpacking The Packaging Problem: An International Solution For The Environmental Impacts Of Packaging Waste, Billy B. Hwang

Billy B Hwang

From the vinyl tube that contains toothpaste, to the paper box breakfast cereal comes in, to the plastic bag groceries are placed in, packaging plays an innate and important role in the lives of most every human on earth. All materials used for packaging good are derived from natural resources such as oil, metal ores, sand, and trees, which are processed and converted into plastic, aluminum, metal, glass, wood and paper for both our health and convenience. Once the goods within the packaging have been consumed, the packaging ceases to be useful and is discarded as waste, headed towards a …

Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality , Winston P. Nagan, Marcio Santos

Winston P Nagan

Please see the cover letter which contains a short abstract. There is a table of contents in the document. There is a powerpoint presentation which is short and will be forwarded upon request to expedite evaluation.

How Has The Conflict In Darfur Impacted Notions Of Sovereignty, Safeer Tariq Bhatti

Safeer Tariq Bhatti

Entitled “How has the conflict of Darfur impacted notions of sovereignty,” the purpose of this study is to show how a modern crisis like Darfur has incapacitated international mandated organizations to intervene to promote stability, peace and protection of human rights. Modern conflict has been fueled by the modern definition of sovereignty. Modern legal theory will denote that the current legal definition of sovereignty is absolute, but this paper will explore how the International legal concept of sovereignty is needed to enforce international law. States have three obligations: Sovereignty as responsibility, Sovereignty as limitedness, and Sovereignty as complete. The intent …

Culture As Property: Intellectual Property, Local Norms And Global Rights, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

Intellectual property frameworks today reflect an increasing emphasis on framing knowledge and culture within a property rights paradigm. This tendency is evident in all sides of current debates about global intellectual property frameworks. Intellectual property frameworks have historically reflected accommodation and balance between local and global influences as well as private and public interests. An ethos of propertization strains both balances. The imbalance between the local and global and public and private is exemplified in current treatment of local knowledge under global intellectual property frameworks. This article examines the tensions between local and global norms, legal and otherwise, and private …

Implementing Wto Rules Through Negotiations And Sanction: The Role Of Trade Policy Review Mechanism And Dispute Settlement System, Julien Chaisse, Debashis Chakraborty

Julien Chaisse

Based on economic and legal perspectives, the current paper aims to analyze how the World Trade Organization combines negotiations and sanctions to ensure the implementation of its law. While the Trade Policy Review mechanism at the WTO deals with the WTO-compatibility of the trade policy of a particular member in question, the prevalence of such policies can be successfully challenged at the Dispute Settlement Body which makes decisions on trade disputes between governments that are adjudicated by the WTO. The TPR can play a major role in this framework, providing developing and less-developed countries valuable input on the WTO-compatibility of …

The Future Of Standards Supervision: Reconciling Development And Adjustment, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

The Judicialization Of Dispute Resolution At The World Trade Organization, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Atrocity, Punishment, And International Law, Mark Drumbl

Mark A. Drumbl

Book Reviews

Richard Burchill, 13 J. Conflict Security L. 477 (2008) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Elena Kosolapova, 11 Int'l Community L. Rev. 149 (2009) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Timothy William Waters, Killing Globally, Punishing Locally?: The Still-Unmapped Ecology of Atrocity, 55 Buffalo L. Rev. 1331 (2008) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Pablo Eiroa, Jura Gentium (2008) (reviewing Mark Drumbl, Atrocity, Punishment, and International Law (2007)). Available here.

Kevin Jon Heller, Deconstructing Criminal Law, 106 Michigan L. …

Self- Defense And The Use Of Force, Mark Drumbl

Mark A. Drumbl

No abstract provided.

China Labor Contract Law And The Liberalization Of Global Markets: Will Employee Rights Equate To Employer Nightmares?, Sharon Breckenridge Thomas

S. Breckenridge Thomas

No abstract provided.

The Eu's New Impact On American Environmental Regulation, David Wirth

David A. Wirth

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming an alternative power center to the United States in the field of environmental policy. Within the past several years, there has consequently been an emerging and discernible trend of EU policy and law on the environmental laws and policy of United States. This piece explores the new European chemicals legislation on Registration, Evaluation, and Authorization of Chemicals (REACH) as one example of this back impact. Because REACH will affect virtually all multinational corporations, its impacts will be global, including the United States. The article explores …

Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters

Adrian J Walters

No abstract provided.

Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg

Peter J Honigsberg

In 1944, in Korematsu v. United States, the Supreme Court made a major error in judgment. It ruled that the executive may forcibly remove over 110,000 Japanese Americans from their homes and relocate them in American detention camps. In two recent Supreme Court cases, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the court made similar errors in judgment by accepting the administration's term "enemy combatant." The Supreme Court's errors were compounded when Congress passed the Military Commissions Act of 2006 in October, 2006, statutorily defining the term enemy combatant for the first time. By acknowledging the term enemy combatant, the …

Translating The U.S. Llm Experience: The Need For A Comprehensive Examination, Carole Silver, Mayer Freed

Carole Silver

No abstract provided.

Military Commissions Act Of 2006, Arsalan M. Suleman

Arsalan Suleman

On October 17, 2006, President Bush signed into law the Military Commissions Act of 2006 (MCA). Congress passed the MCA to authorize the trial by military commissions of detained terrorism suspects after the Supreme Court's decision in Hamdan v. Rumsfeld invalidated the military commissions previously established pursuant to a 2001 military order from President Bush. The MCA adds chapter 47A to title 10 of the U.S. Code to give statutory authorization for the military commissions. This Recent Development explores some of the more controversial aspects of the MCA, especially those sections that respond to the Court's Hamdan decision. The note …

Executive Power V. International Law, John C. Yoo, Robert J. Delahunty

John C Yoo

Critics of the Bush administration's conduct of the war on terrorism and the wars in Afghanistan and Iraq have made the claim that the President cannot order conduct that is inconsistent with international law. Not only is the argument under-theorized, it runs counter to the best reading of the constitutional text, structure, and the history of American practice. A careful examination of the constitutional text, for example, shows that international law that does not take the form of a treaty or other authoritative adoption by the political branches will not enjoy supremacy effect. If international law cannot claim the status …

Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin

David M. Smolin

Child laundering occurs when children are illicitly obtained by fraud, force, or funds, and then processed through false paperwork into "orphans" and then adoptees. Child laundering thus involves illegally obtaining children by abduction, fraud, or purchase for purposes of adoption. My prior work has documented and analyzed the widespread existence of child laundering in the intercountry adoption system. This article argues that child laundering is a form of exploitation, and hence qualifies as a form of human trafficking. Once child laundering is understood as an exploitative form of child trafficking, legal and ethical norms currently applied to human trafficking become …