Law Commons^™

Introduction, Christina J. Sheetz, Matthew T. Simpson

American University International Law Review

No abstract provided.

Iraq's Displaced: Where To Turn? , Roberta Cohen

American University International Law Review

No abstract provided.

Improvement With Impunity: Development-Induced Displacement And The Guiding Principle 6(2)(C) Proportionality Test Applied To The Merowe Dam Project In Sudan, Trevor L. Gross

American University International Law Review

No abstract provided.

Strategic Water For Iraq: The Need For Planning And Action , Frederick Michael Lorenz

American University International Law Review

No abstract provided.

Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs

American University International Law Review

No abstract provided.

Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Sovereignty has long been the dominant lens through which we view both federalism and international law. From the perspective of sovereignty, both federalism and international law are primarily about drawing clear boundaries and demarcations between separate, autonomous power centers. Recently, however, a group of scholars have embraced a more pluralist approach to both American federalism and international law. They have touted the important virtues of jurisdictional redundancy and inter-systemic governance models in which multiple legal and regulatory authorities weigh in regarding the same acts and actors. And they argue that such jurisdictional redundancies are not just a necessary accommodation to …

Egypt's Supreme Constitutional Court: Managing Constitutional Conflict In An Authoritarian, Aspirationally Islamic State, Clark B. Lombardi

Articles

No abstract provided.

Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin

Faculty Publications

No abstract provided.

Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

This Article discusses the Erdemovic case in order toexamine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion. After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as a …

Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher

Presentations

Remarks: Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina.Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other …

International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell

Fordham Law Review

No abstract provided.

Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod

Faculty Publications

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.

The author gives a brief history of …

Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis

Fordham Law Review

No abstract provided.

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Scholarship@WashULaw

This brief essay sketches out a, "militant moderate," take on the role of foreign and international law in constitutional interpretation. The essay examines and critiques the key arguments and assumptions of both internationalists (like Justice Breyer) and nationalists (like Justice Scalia). It urges scholars and policymakers to shift from the Crossfire-style debate that has dominated in recent years, toward a more nuanced approach that strikes a balance between the legitimate concerns of nationalists and the legitimate aspirations of internationalists. A militant moderate approach situates the debate over foreign authority in its broader context: American judges' growing participation in transnational judicial …

American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu

Fordham Law Review

No abstract provided.

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Fordham Law Review

No abstract provided.

Rational Choice, Reputation, And Human Rights Treaties, Alex Geisinger, Michael Ashley Stein

Faculty Publications

No abstract provided.

Book Review Of Disability In Local And Global Worlds, Michael Ashley Stein

Faculty Publications

No abstract provided.

Primer For U.S. Lawyers On European Union Government And Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.

El Derecho Humano Al Medio Ambiente: El Caso De Los Pueblos Autóctonos , Rodrigo Dellutri

American University International Law Review

No abstract provided.

2007 In Iraq: The Surge And Benchmarks - A New Way Forward? , Darin E.W. Johnson

American University International Law Review

No abstract provided.

Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq , Paul R. Williams, Matthew T. Simpson

American University International Law Review

No abstract provided.

Iraq's Minority Crisis And U.S. National Security: Protecting Minority Rights In Iraq, Michael Youash

American University International Law Review

No abstract provided.

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Hellia Kanzi

Human Rights Brief

No abstract provided.

Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula

Library Staff Publications

No abstract provided.

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, …

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

Working Paper Series

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …

Kav Laoved V. National Labour Court, Eliezer Rivlin, Dorit Beinisch, Edmond E. Levy, Asher Grunis, Miriam Naor, Edna Arbel, Esther Hayut, Salim Joubran, Ayala Procaccia

Translated Opinions

Facts: Palestinian workers filed claims in the Labour Courts against their Israeli employers with regard to their employment in the Israeli enclaves in Judaea and Samaria. These claims gave rise to the question whether these employment relationships were governed by Israeli law or by the local law of Judaea and Samaria, which is Jordanian law, the significance of this question being that Israeli law grants workers more rights and protection than Jordanian law.

The National Labour Court held on appeal that in the absence of any stipulation on this issue in the employment contracts, these employment relationships were governed by …