Law Commons^™

Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont

Kevin M. Clermont

No abstract provided.

Interpreting Force Authorization, Scott Sullivan

Scott Sullivan

Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves

William Aceves

The lawfare critique offers a provocative challenge to the use of law and legal process in the context of the Arab-Israeli conflict. It has been used to question the legitimacy of numerous lawsuits filed by individuals harmed in the conflict. The lawfare critique is misguided, however, because it fails to recognize that the purpose of any legal system is to offer a viable alternative to the use of force. In addition, the lawfare critique runs counter to the right to a remedy, a firmly established principle of international law. Legal fora should remain accessible to victims, who should have the …

The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David

Anne T Gallagher

Cynicism And Guilt In International Law After Rwanda, Luigi Russi

Luigi Russi

Framing the Rwandan genocide as a “failure” of international law forces one to approach it as an unintended consequence of an otherwise benign system of formal relations between states. The present article looks at it instead as a physiological product of international law, disclosing the possibility to contemplate the latter as a fundamentally imperialistic system pegged on the controversial notion of “rule of law”. International law embodies a system of legalised extraction swaying between cynicism and guilt: despite its real face showing on occasions like Rwanda, it keeps revamping itself so as to prevent a fundamental appraisal of the contradictory …

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll

Andrea Beauchamp Carroll

This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …

"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles

Fletcher V Miles Mr

Since its creation the International Criminal Court (“ICC”) has been under scrutiny and repeatedly criticised for judicial failure and imperial arrogance. At the heart of this criticism is the simple fact that the ICC prosecution list is made up exclusively of African states, which demonstrates a clear bias towards the African continent.

This paper addresses the key factors causing perceptions of bias while considering the extreme difficulties faced by the ICC in operating a judicial body within a politically driven international community. Fundamental issues introduce the background of the bias such as funding distribution, the skew of ICC jurisdiction, colonialism …

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves

William Aceves

This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically, it analyzes the impact …

The Life Cycle Of Immigration: A Tale Of Two Migrants, William J. Aceves, James M. Cooper

William Aceves

No abstract provided.

The Tattered Tapestry Of International Law, William Aceves

William Aceves

No abstract provided.

Economic Analysis Of International Law: Transaction Cost Economics And The Concept Of State Practice , William Aceves

William Aceves

No abstract provided.

Symposium Introduction: Scholarship As Evidence Of International Law, William Aceves

William Aceves

No abstract provided.

Institutionalist Theory And International Legal Scholarship, William Aceves

William Aceves

No abstract provided.

America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai

Robert L Tsai

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised. America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines …

Sustainability Criteria As A Tool To Promote Sustainable Products And Their Sustainable Production, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Coming publication

Summary:

Among the environmental challenges, which humanity is facing today, there are the threat of global climate change, unsatisfactory air quality, – especially in large cities, – and the fact that the resources of fossil fuels are finite. Biofuels have long been at the top of the political and scientific agenda as a possible solution to all the three challenges.

Not everything is clear about biofuels. The production costs of biofuels are still higher than those of traditional fossil fuels: without subsidies biofuels are not competitive. The environmental impact of biofuels has also been questioned, for example the …

The Judicial Expansion Of American Exceptionalism, Rachel Lopez

Rachel E. López

In the modern era, there is a growing sentiment that when the gravest human rights violations occur, the international community has a “responsibility to protect” the victims if the victims’ own government is unwilling or unable to do so. While much of the scholarship on the responsibility to protect focuses on the international community’s ability to engage in military intervention, the doctrine actually provides a menu of options that intervening States can employ to prevent serious abuses of human rights, including, notably for the purposes of this article, legal accountability in judicial fora. States thus have greater latitude than ever …

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …

Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller

Roslyn Fuller

This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …

Homage To Filártiga, Perry S. Bechky

Perry S. Bechky

The Supreme Court’s new decision in Kiobel severely restricted human rights litigation under the Alien Tort Statute (ATS). In doing so, the Court gravely injured the canonical human rights case of Filártiga. This essay celebrates Filártiga, demonstrating that it survives Kiobel in four key respects: its approach to the sources of international law, its conclusion that international law prohibits torture, its dynamic vision of the way the human rights revolution transformed international law, and its hope that courts can help make real a world without torture. The essay presents Filártiga as a living presence and a beacon for future development …

The International Rule Of Law In A Human Rights Era, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The Brandeis Institute for International Judges (BIIJ) has established itself as a significant and world-renowned program that promotes the role of judges working in the domain of international law and justice. Organized by the International Center for Ethics, Justice and Public Life of Brandeis University, the BIIJ provides a venue for judges from international and regional courts to discuss important issues relating to the administration of justice across their varied jurisdictions.

In 2013, the BIIJ was organized, for the first time in its 12-year history, in partnership with outside academic bodies working in the same field. The institute was held …

International Law And American Foreign Policy: Revisiting The Law Versus Policy Debate, Hengameh Saberi

Hengameh Saberi