International Law Commons^™

Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench

Case Western Reserve Journal of International Law

Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty's "non-appropriation" principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.

Responding To Chemical Weapons Use In Syria, Michael P. Scharf

Case Western Reserve Journal of International Law

The article examines whether the April 2018 airstrikes against Syria may have constituted a tipping point in the evolving customary international law of humanitarian intervention in order to prevent the use of chemical weapons in Syria. Specifically, the back-and-forth movement of international law towards recognizing a limited right of humanitarian intervention, as well as the connection between customary international law and unilateral humanitarian intervention.

Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa

Case Western Reserve Journal of International Law

This Note examines the process of choosing an arbitrator in international arbitration. Much of the debate and criticism of this process addresses the lack of diversity in arbitral tribunals around the world. Diversity in this context means not only traditional diversity (i.e. gender, race, ethnicity), but also the basic idea of adding "fresh faces " to arbitral tribunals. Yet the ethical obligation to provide a client with the best chance to prevail encourages counsel to choose a familiar, wellknown name with an established "track record" over a littleknown "dark horse. " This tension illustrates a fundamental point of friction in …

Talking Foreign Policy: North Korea Summit, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law Michael Scharf in which experts such as Shannon French, Tim Webster and Milena Sterio discuss North Korea's nuclear weapons test and related topics.

Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.

The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era, Lisa Scott, Aleksandra Miezin, Jessica Taba, Jacob Witz

Case Western Reserve Journal of International Law

The article focuses on several anti-immigration policies of the U.S. President Donald Trump which include "America First," and "Buy American and Hire American," which have rendered the U.S. immigration system nearly impossible to navigate without an experienced, highly-skilled attorney. It mentions cancellation of the Deferred Action for Childhood Arrivals (DACA) program as a rollback on basic human rights as seen through family separations.

The Trump Administration And The International Criminal Court: A Misguided New Policy, Mileno Sterio

Case Western Reserve Journal of International Law

The article focuses on the approach of U.S. President Donald Trump' administration regarding International Criminal Court (ICC). It presents views of National Security Advisor John Bolton on Protecting American Constitutionalism and Sovereignty from International Threats.

The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii

Case Western Reserve Journal of International Law

The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.

The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.

Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly

Case Western Reserve Journal of International Law

In 2017, two Guantanamo Bay detainees filed writs of certiorari with the Supreme Court of the United States. Through different claims, both men argued that the military commissions convened to prosecute them lacked subject matter jurisdiction to do so. The first man, Ali Hamza Ahmad Suliman al Bahlul, challenged his conspiracy conviction on the basis that it is unconstitutional to try purely domestic offenses in a non-Artide III tribunal. The second, Abd al Rahim al-Nashiri, has not yet been tried. As such, he raised pretrial objections to his military commission's competence to try him for crimes committed pre-9/11. In October …

Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams

Case Western Reserve Journal of International Law

The article focuses on the use of force in humanitarian crises and mass atrocity crimes and limitation of the United Nations (UN) Security Council. It mentions need for a framework for non-UN authorized military force in the name of humanitarian intervention.

World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron

Case Western Reserve Journal of International Law

ISIS's use of social media presents a new challenge for counterterror efforts. The organization aims to recruit followers and incite violence through social media. Given that this is a new medium for terrorist organizations, social media companies have come under fire for indirectly providing ISIS with farreaching platforms to spread its content. The companies, as well as national governments and international entities, have attempted to respond to the threat posed by such content. These responses, however, have proven ineffective. This Note argues that to effectively respond to and combat the threat posed by terrorist speech, national governments should adopt a …

Front Matter, Volume 51

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 51

Case Western Reserve Journal of International Law

No abstract provided.

Case Global: Faculty And Students Provide Vital Assistance To Un's Investigation Of Syrian Atrocities, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 10, No. 1 (2018)

• Welcome (Dean Scharf)
• Faculty and students provide vital assistance to UN's investigation of Syrian atrocities
• Special Report: Case Western Reserve’s Contributions to International Prosecutions
• A Nobel Nomination
• Playing a Part in the Trial of the Century
• Taking on the Terrorists 9/11 (Special Report)
• Cambodia & Lebanon (Special Report)
• Combating Maritime Privacy (Special Report)
• Case Grads Employed at International Tribunals
• Former Prosecutor Teaches Law Students to Go After International Injustices
• CWRU’s Immigration Law Program leads to Exciting Career Opportunities…
• It Started with a Cox Center-Funded Internship
• Q&A with Aleksandar Cuic, Immigration Clinic Professor
• Human Rights Clinic …

Civil Litigation In Response To Corporate Human Rights Abuses: The European Union And Its Member States, Jonas Grimheden

Case Western Reserve Journal of International Law

The article assesses the barriers that victims of human rights abuse involving companies face in accessing effective judicial remedies in the European Union.

Keynote Lecture: International Human Rights: Need For Further Institutional Development, Judge Thomas Buergenthal

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 50 (2018)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 50, Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus

Case Western Reserve Journal of International Law

An introduction to the journal is presented.

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale

Case Western Reserve Journal of International Law

The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.

Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly

Case Western Reserve Journal of International Law

The article focuses on developments in international criminal law in addressing corporate human rights violations.

Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn

Case Western Reserve Journal of International Law

Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …

Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio

Case Western Reserve Journal of International Law

The article discusses issue of corporate liability under the U.S. Alien Tort Claims Act.

Brand As Information Intermediary, Kishanthi Parella

Case Western Reserve Journal of International Law

The article describes the function of transnational corporations in many global supply chains as information intermediaries, which carries with it responsibilities and opportunities for incentivization.

Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb

Case Western Reserve Journal of International Law

The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.

A Human Rights Perspective On Professional Responsibility In Global Corporate Practice, David Nersessian

Case Western Reserve Journal of International Law

The direct applicability of human rights law to the attorney-client relationship has serious implications for ethical corporate governance. In addition to creating criminal and civil risks for lawyer and client alike, the specter of human rights violations in business dealings gives rise to myriad ethical questions for corporate lawyers to consider and resolve. These include matters such as the legitimate object and scope of corporate representation, conflicts of interest, duties to withdraw, and matters of competence and communication in corporate governance. They also raise questions of professional secrecy and whether ethical codes permit (or even require) lawyers to reveal confidential …

Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.

The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle

Case Western Reserve Journal of International Law

The article considers the apparent disjunction between the Court's effective limitation of liability for the U.S. corporation and expansive liability for the natural person for similar crimes. Topics include Jus Cogens claims against corporations; court cases Jesner v. Arab Bank, PLC and Kiobel v. Royal Dutch Petroleum Co. on the same; and Alien Tort Statute on the same.

2018 Klatsky Endowed Lecture In Human Rights: The International Law Commission's Proposal For A Convention On The Prevention And Punishment Of Crimes Against Humanity, Sean D. Murphy

Case Western Reserve Journal of International Law

Sean D. Murphy gives the Klatsky Endowed Lecture on Human Rights, describing his efforts at the International Law Commission to bring about an international Convention on Crimes Against Humanity