International Law Commons^™

March Roundtable: Responding To Syria, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Save Us from the Liberal Hawks” by David Rieff. Foreign Policy, February 13, 2012.

“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert

Human Rights & Human Welfare

The humanitarian crisis in Syria has instigated calls to activate the Responsibility to Protect (R2P) doctrine to stop the Assad regime from its murderous rampage. Armed with a failed UN Security Council resolution that would have endorsed an Arab League peace plan, thanks to Russian and Chinese vetoes, David Rieff reproves widespread liberal consensus for intervention in a February 2012 Foreign Policy article.

Who Let The Dogs Out? R, R2p, Christine Bell

Human Rights & Human Welfare

As a long-time human rights advocate I find myself uncomfortably sharing Rieff's central concern over the link between military intervention and human rights advocacy, forged through the Responsibility to Protect (R2P) doctrine. This common concern is uncomfortable because I don't share his broader sentiments. However, it is also uncomfortable because it involves me swimming against the human rights tide, which seems to have embraced R2P.

The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley

San Diego International Law Journal

In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

Faculty Working Papers

The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …

The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin

Faculty Scholarship

This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …

The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan

Maryland Series in Contemporary Asian Studies

No abstract provided.

Symposium: The Global Impact And Implemenation Of Human Rights Norms, Richard J. Goldstone

Global Business & Development Law Journal

No abstract provided.

Forward, Fausto Pocar

Global Business & Development Law Journal

No abstract provided.

The Global Impact And Implementation Of Human Rights Norms Introduction, Linda Carter

Global Business & Development Law Journal

No abstract provided.

Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar, Linda Carter

Global Business & Development Law Journal

No abstract provided.

Corporations And The European Convention On Human Rights, Winfried H. A. M. Van Den Muijsenbergh, Sam Rezai

Global Business & Development Law Journal

No abstract provided.

Human Rights And Delaware Corporate Law, David Millon

Global Business & Development Law Journal

No abstract provided.

The Law Of Responsibility: A Response To Fragmentation?, Kristen E. Boon

Global Business & Development Law Journal

No abstract provided.

From Fragmentation To Constitutionalization, Harlan Grant Cohen

Global Business & Development Law Journal

No abstract provided.

Fragmentation Of International Law: The Case Of International Finance & Investment Law Versus Human Rights Law, Sabine Schlemmer-Schulte

Global Business & Development Law Journal

No abstract provided.

What Is Meant By "Regulation": The Roles Devoted To Markets And Authorities In Times Of Crisis, Paul Nihoul, Blair D. Trigg

Global Business & Development Law Journal

No abstract provided.

Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver

Global Business & Development Law Journal

No abstract provided.

Get The Balance Right!: Squaring Access With Patent Protection, Kristen Osenga

Global Business & Development Law Journal

No abstract provided.

A Social Justice Perspective On The Role Of Copyright In Realizing International Human Rights, Steven D. Jamar

Global Business & Development Law Journal

No abstract provided.

Indian Patent Law And Trips: Redrawing The Flexibility Framework In The Context Of Public Policy And Health, V. K. Unni

Global Business & Development Law Journal

No abstract provided.

Interpretation Of Human Rights For The Protection Of The Environment In The European Court Of Human Rights, Svitlana Kravchenko, John E. Bonine

Global Business & Development Law Journal

No abstract provided.

A Tale Of Two Ironies: In Defense Of Tort, David F. Partlett, William W. Gill

Global Business & Development Law Journal

No abstract provided.

The Route Of Death For Central And South American Illegal Immigrants Can Come To An End With A Change In The United States' Policy, Sirenia Jimenez

Global Business & Development Law Journal

No abstract provided.

Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack

Global Business & Development Law Journal

No abstract provided.

From Institutional Misalignments To Socially Sustainable Governance: The Guiding Principles For The Implementation Of The United Nations' "Protect, Respect And Remedy" And The Construction Of Inter-Systemic Global Governance, Larry Cata Backer

Global Business & Development Law Journal

No abstract provided.