Law Commons^™

Derogation In Time Of Emergency: An Analysis Of Counter-Terrorism Measures In France And Their Impact On Human Rights, Deena Mohammad El-Rashed

Florida Journal of International Law

No abstract provided.

Flight Of The Condors: The Impact Of Vulture Investors On Argentina's Sovereign Debt Default, Andrew Kelly

Florida Journal of International Law

This Article will examine the impact of international vulture investors, also referred to as "holdout" investors in certain contexts, on the restructuring of Argentinian sovereign debt in the wake of the countries 2001 default. With the gift of hindsight, this Article will discuss if measures could have been taken at the time of debt issuance in order to better cope with vulture investors should a default situation occur. This Article will then analyze the restructuring approach taken by Argentina, focusing on the failure of the Argentinian government to follow established best practices for a default situation. Finally, this Article will …

Arbitration And Choice Of Law In Sub-Saharan Africa, Peter N. Levenberg

Florida Journal of International Law

This Article examines the advantages and disadvantages of arbitrating African-based disputes in South Africa and choosing South African as the governing law. Part I contains a brief synopsis of the South African legal system and its judiciary and an overview of some of the comparative legal systems of selected sub-Saharan African countries. It also analyzes South Africa’s choice-of-law rules, its rules relating to the computation of damages, and its aversion to punitive damages. Part II analyzes the South African law of arbitration and the very limited circumstances in which South African Courts will interfere with the decisions of an arbitrator.

Half Monk, Half Hitman: Applying Just War Theory To Private Military And Security Companies In The Context Of Humanitarian Intervention, Robert J. Peters

Florida Journal of International Law

In Part II, this Article will discuss potential benefits of private military companies. Part III will address and acknowledge criticisms of PMSCs. Part IV provides a brief legal context, and Part V will discuss the just war theory criteria relevant to PMSCs in the context of humanitarian intervention. This section will examine why PMSC humanitarian intervention may be permissible in certain circumstances. The PMSC Executive Outcomes will serve as a dual case study; on the one hand, it would have been authorized by just war theory to contract with the United Nations to intervene in Rwanda. However, Executive Outcomes also …

Human Rights, Gay Rights, Or Both? International Human Rights Law And Same-Sex Marriage, Jessica Brown

Florida Journal of International Law

In this Article, I examine the international legal basis for marriage equality as a human right.

After a brief introductory discussion of international human rights in theory and in U.S. foreign policy, I go on to discuss the background to the promotion positive LGBT rights, the significance of marriage as a legal and cultural institution, and key reasons LGBT persons seek the benefits of marriage. I go on to examine same-sex marriage within international legal frameworks—the International Convention on Civil and Political Rights (ICCPR) and emerging Customary International Law (CIL). Finally, I argue that the United States and other countries …

The Holy See's Diplomacy: An Analysis Of Papal Mediation In The Middle East, Amanda Mcfarlane

Florida Journal of International Law

This Article will begin with an introduction of the literature on international mediation to provide an overview of the characteristics unique to international disputes and to illustrate the attributes of the parties that make international mediation a distinct paradigm of dispute resolution. The second Part will then complicate the international mediation literature by introducing the international relations theory with respect to conflict resolution. The theory provides a predictive framework of different mediation approaches and sources of legitimacy for non-state actors. The second Part will also apply the theory with respect to the Holy See to illustrate its international legal personality …

International Law: Defining The Alien Tort Statute, Neeta Romot

Florida Journal of International Law

No abstract provided.

The "Comfort Women" Reparation Movement: Between Universal Women's Human Right And Particular Anti-Colonial Nationalism, Ethan Hee-Seok Shin

Florida Journal of International Law

In this Article, I seek to place the “comfort women” reparation movement in East Asia’s broader colonial and post-colonial legal history. This Article will follow a largely chronological order with discussion of relevant legal points. Part II narrates the history of political and legal developments since the Imperial Japan period that set the stage for the “comfort women” reparation movement from the 1990s. In Part III, I will discuss the main legal issues concerning the Japanese reparation. Parts IV and V will explore and analyze the redress efforts at the U.N. human-rights bodies in the 1990s and the South Korean …

Revisiting The Notion Of Full Protection And Security Of Foreign Direct Investments In Post-Gadhafi Libya: Two Governments, Tribal Violence, Militias, And Plenty More, Nasser Alreshaid

Florida Journal of International Law

This Article touches on crucial element of the very survival of foreign investments in today’s Libya, precisely oil concessions, which is the full protection and security of these “investments.” With that being said, there have been other situations where the investors in investor-state relationships have engaged in activities within hostile environments. Nonetheless, the current situation in Libya poses somewhat different challenges.

Post-Gadhafi Libya has become fragmented and is ruled by multiple militias, despite the fact that it has been touted as a two-government state, as shall be explained later on. Widespread and intensified violence has also been the theme in …

Foundations Of Specific Performance In Investor-State Dispute Settlements: Is It Possible And Desirable?, Farshad Rahimi Dizgovin

Florida Journal of International Law

The Article will mainly deal with the principle of pacta sunt servanda and doctrines of “change of remedy” and “accumulation of remedies” to support the theoretical foundations of specific performance and its inevitability and desirability in Investor-State Dispute Settlements (ISDS).

However, this Article does not submit that specific performance should be available in all circumstances. There are, of course, situations where granting specific performance is not possible, efficient, or desirable. For instance, “restitution will be materially impossible in situations such as where the subject-matter of the dispute has been destroyed, has irremediably deteriorated (for example when a confiscated ship has …

International Law: Honoring The Letter And Sprit Of International Treaties, Andres R. Cordova

Florida Journal of International Law

No abstract provided.

Human Sex Trafficking: An International Problem With An International Solution Requiring National Implementation, Melanie Franco

Florida Journal of International Law

Part I begins with an introduction to human sex trafficking, defining the problem and shining light on some statistics. Part II identifies and analyzes the elements of sex trafficking. Part III examines the international and domestic legislation in place and the differences in how each treats the criminalization of victims. Part IV analyzes the methods to monitor national efforts against human trafficking. Part V proposes the solution of allowing international law to be implemented and enforced nationally in order to effectively fight human trafficking.

Criminalizing Land-Grabbing: Arguing For Icc Involvement In The Cambodian Land Concession Crisis, Jessica Embree

Florida Journal of International Law

This Article will argue for International Criminal Court (ICC) involvement in investigating and prosecuting the parties responsible for the land-grabbing crisis in Cambodia. Part II will trace the historical roots and identify the driving forces of land-grabbing. Part III will examine the land ownership rights given by the Cambodian government to individuals and to indigenous communities within Cambodia, the legal framework and procedures surrounding Cambodian land concession deals, and methods of redress for Cambodian land right disputes. Part IV will discuss in part the ICC and how the land concession crisis in Cambodia qualifies as a crime against humanity, but …

Universal Subordination To The Rule Of Law As A Precondition For The Conceptual Possibility Of International Law And The Case For Democratizing The United Nations, Jarvis J. Lagman

Florida Journal of International Law

This Article is intended to provide a policy framework for encouraging the harmonization of all political systems in the world to adopt the rule of law and democratic principles as the basis for the authority of government. Harmonization in this manner is imperative for two primary reasons: (1) universal subordination to the rule of law is a precondition for conceptual possibility of international law; and (2) the right to self-determination is a fundamental human right whose suppression is in direct violation of well-established international norms, specifically the Universal Declaration of Human Rights. Through the staging of transnational democratic elections in …

Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard

Florida Journal of International Law

On September 18, 2014, an overwhelming number of Scottish residents turned out to vote on one simple question: Should Scotland be an independent country? The deceptively simple yes or no question on the ballot could not begin to reflect the complex underlying issues. If the Independence Referendum had been approved—meaning a “yes” vote, the goal of Independence proponents and of the Scottish National Party (SNP)—every facet of life for the Nation and its citizens could have been affected. The presence of nuclear weapons; membership in the European Union; the very nature and name of the currency used in every transaction …

Realism About Remedies And The Need For A Cda Takedown: A Comparative Analysis Of § 230 Of The Cda And The U.K. Defamation Act 2013, Amanda Bennis

Florida Journal of International Law

This Article provides a proposed method for instituting a federal takedown remedy for a state tort without subjecting ISPs to liability. This proposed solution effectively balances a successful mechanism for remedying harm caused by cyber misconduct with allowing free speech and the continuing growth of the Internet as a popular medium for communication.

Part II examines the unique aspects of the Internet, provides a brief background of traditional defamation law, and discusses the current obstacles to recovery victims of cyber defamation encounter under § 230. Part III reviews the background of the CDA, judicial interpretation of § 230, and the …

Trading In Human Rights: Questioning The Advance Of Human Rights Into The World Trade Organization, Sayed M. Zonaid

Florida Journal of International Law

The purpose of this Article is to demonstrate that while human rights considerations can play an important role in the World Trade Organization (WTO), such considerations cannot play an excessive role in WTO affairs. As a specialized international body devoted to trade, the WTO must accord its place of pride to trade. Unless the current framework of the WTO is modified, trade will and should be the focal point of the WTO’s energies. Indeed, for the sake of institutional integrity and continued stability, it is preferable for the WTO to retain its narrow focus.

Israel's Laws On Referendum: A Tale Of Unconstitutional Legal Structure, Mohammed Saif-Alden Wattad

Florida Journal of International Law

In this Article, I aim at discussing the question whether it was necessary to enact the Referendum Basic Law instead of, or in addition to, the Referendum Law in order for the Knesset to incorporate the referendum system as a binding mechanism in the Israeli law, or so preferable as argued by the Knesset and the Government before the High Court of Justice (HCJ). In addition, I purport to discuss the inadequacy of the referendum system to legal systems of constitutional democratic features, regardless of the question whether such a system was adopted by an ordinary legislation or enshrined in …

International Crimes And Case Demarcation: What Are We Trying To Prove?, Elinor Fry

Florida Journal of International Law

This Article seeks to ascertain the following: how specific should the charges in an international crimes case be, which circumstances play a role in answering this question, and what influences specificity, or the lack thereof? The focus is therefore on case demarcation in light of an investigation or case against an identified suspect or accused and centers on the indictment phase of criminal proceedings. It does not include investigation demarcation in the sense of prosecutorial discretion regarding determining who to investigate or indict. Case demarcation can only take form and be examined fruitfully once a suspect or accused has been …

Growing Numbers Of Chinese Blue Helmets: China's Changing Role Within The Security Council, Marissa A. Mastroianni

Florida Journal of International Law

No abstract provided.

The World Bank, Capabilities, And Human Rights: A New Vision For Girls' Education Beyond 2015, Melissa Bellitto

Florida Journal of International Law

In this Article I propose a solution of how to achieve gender equality in education by 2030. I propose that the World Bank use its funding to enforce the human right to education found in the major human rights treaties. Part I of this Article looks at the justiciability of human rights and domestic law and how to fund compliance with law. Part II looks at human rights and capabilities, Part III looks at primary education, Part IV looks at secondary education, and Part V looks at cultural barriers to education.

Time For A Truth-Based Policy: Humanitarian Access To Children Living Without Family Care, Sara Dillon

Florida Journal of International Law

No abstract provided.

Legal And Institutional Remedies For Middle East States Wishing To Develop And Increase Foreign Direct Investment, Griffin Weaver

Florida Journal of International Law

This Article will argue that Middle East states have a proven, cost effective business model that they can imitate to dramatically increase FDI and protect their sovereignty. Specifically, the following arguments will be made:

One, Middle East states are ideally suited for implementing a foreign legal system within the boundaries of their respective states. Middle East history is ripe with examples of different legal systems being allowed to operate independently inside of the Islamic state. This success lies in the meaning of “contract” within Islamic Law and history.

Two, the creation of “free zones” is the first step in increasing …

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas Colby Watson Wolfe

Florida Journal of International Law

The purpose of this Article is to convince policymakers that the achievement of an interim nuclear agreement with Iran should not be seen as a mandate on the effectiveness of economic sanctions, and that further use of economic sanctions is not worth the public costs to targeted nations or the United States. First, this Article will explain the basic uses and legal provisions for economic sanctions. Second, this Article will detail the public costs that economic sanctions can inflict on the United States and on the nations it targets. Lastly, this Article will explain the interim nuclear agreement with Iran, …

Tjlp (2012) Volume 8 Issue 1

Tennessee Journal of Law and Policy

No abstract provided.

Supreme Court Institute Annual Report, 2020-2021, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the U.S. Supreme Court’s October Term (OT) 2020—corresponding to the 2020-2021 academic year— the Supreme Court Institute (SCI) provided moot courts for advocates in 57 of the 58 cases argued at the Supreme Court, offered our annual press and student term preview programs, and continued to integrate the moot court program into the Law Center curriculum. As in past Terms, the varied affiliations of advocates mooted reflect SCI’s commitment to assist advocates without regard to the party represented or the position advanced.

Responding to the COVID-19 pandemic, the Supreme Court took the unprecedented step of hosting all OT 2020 …

Extreme Risk Protection Orders, Anna Heetmann

Law Student Works

Extreme Risk Protection Orders1 (ERPOs) are civil orders issued when a person is a danger to themselves or others.2 These orders prevent a person from purchasing or possessing guns while the order is in place.3 ERPOs are mainly intended to prevent suicides, but there is some discussion on their potential usefulness for elderly people with cognitive difficulties, including dementia.

ERPOs are also known as red flag laws, gun violence restraining orders, risk-warrants, lethal violence protective orders, risk protection orders, gun violence protective orders, firearms restraining orders, extreme risk protective orders, orders for protection against high-risk behavior, extreme risk firearm protection …

Comment Of Proposed Department Of Labor Regulations On Esg Investing, Prudence And Loyalty, Edward A. Zelinsky

Testimony

DOL’s proposed regulations about ERISA’s fiduciary duties of prudence and loyalty weaken the protection of America’s workers and retirees. Accordingly, these proposed regulations should be amended to delete the imprudent, unproven and ambiguous term “ESG,” to add more balanced examples which reduce misperceptions of ERISA’s fiduciary duties, and to expunge altogether the concept of tie-breaking which violates the duty of loyalty by encouraging the pursuit of collateral benefits.

The fundamental claims of ESG advocates are economically implausible. Such advocates assert that they consistently outperform and manipulate competitive markets. This claim is unpersuasive.

ESG proponents assert that a person making an …

Cave! Hic Dragones: Understanding Neocolonialism In China’S Economic Diplomacy Towards Angola, Ghina Salsabila, Indra Kusumawardhana

Global: Jurnal Politik Internasional

China is experiencing a fast and dynamic phase of economic development driven by its fast pace of industrialisation. The vast energy demand has pushed China to import energy from other countries with plentiful natural resources. To this aim, China conducts economic diplomacy worldwide, including Angola, a country with plentiful natural resources in Africa. The main concern of this research is China's economic diplomacy which is considered as a form of neocolonialism in this globalisation era. Therefore, the research question of this research is why China's economic diplomacy towards Angola constitutes neocolonialisation. To this aim, this study utilises the Neocolonialism theory …

Parallel Pandemics: The American Problem Of Anti-Enforcement, Rational Distrust, And Covid-19, Najarian Peters

Seton Hall Law Review

No abstract provided.