International Law Commons^™

Remarks: The Tension Between Law And Politics: Can The Icc Navigate A Multi-Polar World?, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Rights Of Lesbian, Gay, Bisexual, And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodríguez-Pinźon

American University International Law Review

No abstract provided.

The Inter-American System And Challenges For Its Future, Emilio Álvarez-Icaza

American University International Law Review

No abstract provided.

Fifteenth Annual Grotius Lecture Response, Michael Reisman

American University International Law Review

No abstract provided.

Bribes Without Borders: The Challenge Of Fighting Corruption In The Global Context, Beka Feathers

American University International Law Review

No abstract provided.

Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom

American University International Law Review

No abstract provided.

Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force, And Law, Paul Williams, Anna Triponel

Contributions to Books

The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader. This chapter examines the …

The Icc's Exit Problem, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson

Scholarly Articles in Law Reviews & Journals

This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i, Matthew D'Orsi

Contributions to Books

No abstract provided.

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Scholarly Articles in Law Reviews & Journals

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …

Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman

Contributions to Books

Chapter 6 of Research Handbook on Human Rights and Humanitarian Law

In the wake of the September 11, 2001 attacks in the United States, the US, with the assistance of its coalition partners – all parties to various human rights instruments – initiated the so-called ‘war on terror’ by invading Afghanistan, where their armed forces killed or captured hundreds of ‘terrorist suspects’. Some of those detained were taken to the US military facility at Guantanamo Bay, Cuba, while others have languished in US custody in Afghanistan. These actions raise the question whether a State is bound by its human rights …

For The Purposes Of This Regulation ... : Denying Protection To The Small Business Through The Application Of The Cesl, Ellen Ostrow

American University International Law Review

No abstract provided.

Sovereign Investing And Markets-Based Transnational Rule Of Law Building: The Norwegian Sovereign Wealth Fund In Global Markets, Larry Catá Backer

American University International Law Review

No abstract provided.

Punishing Aggression As A Crime Against Humanity: A Noble But Inadequate Measure To Safeguard International Peace And Security, Chet Tan

American University International Law Review

No abstract provided.

From Boumediene To Garcia: The United States' (Non)Compliance With The United Nations Convention Against Torture And Its Movement Away From Meaningful Review, Brenna D. Nelinson

American University International Law Review

No abstract provided.

Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones

The Modern American

No abstract provided.

The Secret "Kill List" And The President, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Scholarly Articles in Law Reviews & Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost

Scholarly Articles in Law Reviews & Journals

In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now.

This response begins by describing the benefits of scholars’ briefs …

The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the battlefield and the related limits on the state’s authority to use lethal force and to detain without charge. To date, the legal and policy discussions on this issue have resulted in a heated and intractable debate. On the one hand, the United States and its supporters argue that the conflict — and broad detention and targeting authorities — extend to wherever the alleged enemy is found, subject to a series of malleable policy constraints. On the other hand, European allies, …

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …

Remarks By Diane Orentilcher, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

Twenty years into the contemporary era of international criminal tribunals, a large measure of consensus has developed (at least among states that fund tribunals) has developed around the notion that these courts should dispense justice only in respect of the most serious international crimes. This view is reflected in the Rome Statute of the International Criminal Court (ICC), whose preamble affirms "that the most serious crimes of concern to the international community as a whole must not go unpunished" and whose admissibility provisions direct the Court to dismiss a case on the ground that it "is not of sufficient gravity …

A Framework For Assessing Global Economic Governance, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Increased globalization over the last twenty years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty and the Financial Stability Board. This Article proposes a five-part test to evaluate how the existing global governance actors serve the interests of all stakeholders in the global economy. The test is based on four fundamental indicators of good global governance. The Article uses the five-part test to evaluate the G20’s performance at the G20 Summit at Los Cabos, Mexico. Finally, this Article …

Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter

Scholarly Articles in Law Reviews & Journals

Part I of this Comment describes the history and structure of Egypt's antiquities laws. It also describes Egypt's relevant international obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Declaration on the Rights of Indigenous Peoples. In Part II, this Comment argues that the current state of Egypt's antiquities system is inconsistent with its international obligations. Part II considers whether Egypt's exclusion of the Nubians stems from Egyptological superiority narratives and analyzes which narratives Egypt could adopt without violating international law. Finally, Part …

Indigenous Peoples' Right To Free, Prior, And Informed Consent In The Context Of State-Sponsored Development: The New Standard Set By Sarayaku V; Ecuador And Its Potential To Delegitimize The Belo Monte Dam, Upasana Khatri

American University International Law Review

No abstract provided.

The Nsa's Prism Program And The New Eu Privacy Regulation: Why U.S. Companies With A Presence In The Eu Could Be In Trouble, Juhi Tariq

American University Business Law Review

No abstract provided.

Going Beyond The Four Corners: Reflections On Teaching Letters Of Credit As A Subset Of International Banking Law, James E. Byrne

American University Business Law Review

No abstract provided.

Integrating Latin American Stock Markets: The Mercado Integrado Latinoamericano (Mila): Innovations And Perspectives, Dante Figueroa

American University Business Law Review

No abstract provided.