International Law Commons^™

Talking Foreign Policy: Art, Diplomacy And Accountability, Michael P. Scharf

Case Western Reserve Journal of International Law

Michael P. Scharf, Paul R. Williams, Mark Ellis, William Schabas, Shannon French, and Milena Sterio discuss art and international law topics.

Broadcast quarterly, "Talking Foreign Policy" is a one-hour radio program hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf in which experts discuss the salient foreign policy issues of the day. The broadcast on October 7, 2016, addressed international law and art.

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster

Case Western Reserve Journal of International Law

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The "blood antiquities" excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive. A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.

Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas

Case Western Reserve Journal of International Law

A closer look at the Rome Statute suggests that Al Mahdi did not commit the crime for which he was convicted.

Water Scarcity: Preventing Future Conflicts, Rush O'Connor

Case Western Reserve Journal of International Law

This Note focuses on nations with shared water sources forming transboundary agreements to promote peaceful solutions and to protect people's right to water. Given the growing scarcity of water, this Note emphasizes the urgent need to create agreements. It argues that international agreements are ineffective with respect to protecting the right to water and do not create proper forums for settling disputes over water. Yet international organizations can take an active role in helping to form transboundary agreements and acting as mediators when an agreement fails. This Note then explores how transboundary agreements work and why they are better than …

Falling Short For Labor: Why The Trans-Pacific Partnership Does Not Do Enough For Workers' Rights, And Evaluating Better Options, Judd Cohen

Case Western Reserve Journal of International Law

Using free trade agreements to increase labor standards in developing countries has not worked. Although most critics focus on lack of enforcement by the U.S., the real problem is the inherent tension between using free trade to make money, and spending money to improve labor standards. If the U.S. were to enforce labor standards, it would destroy the gains from free trade, which is why there is no incentive for developed countries to enforce the agreements. The Trans-Pacific Partnership is the latest example of a U.S. free trade agreement that does not address the tension between trade and labor. This …

Dealing With Laundering In The Swiss Art Market: New Legislation And Its Threat To Honest Traders, Katie L. Steiner

Case Western Reserve Journal of International Law

On January 1, 2016, new regulations took effect in Switzerland that impact the country's art market. The laws aim to close channels for laundering money and illicit antiquities within the art trade. Because the art market's opacity provides attractive conditions for launderers, Switzerland's new regulations introduce greater transparency in transactions for high-value works of art and in duty-free art-storage facilities, such as the Geneva freeport. The Geneva warehouse serves an international clientele of art collectors, who have traditionally stored works of art in the facility anonymously and indefinitely, without adverse tax consequences. The freeport provides essential services for honest collectors …

Case Global: Un Commissioner For Human Rights Speaks At Case Western Reserve, Draws World-Wide Media Attention, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 8, #1 (2016)

• UN High Commissioner for Human Rights speaks at Case Western Reserve... (cover)
• Frederick K. Cox International Law Center celebrates 25 year anniversary
• Law school launches new Executive Master’s Degree in Financial Integrity
• Two Ambassadors give distinguished lectures during 40th anniversary of the Canada-U.S. Law Institute
• Law school expands its immigration program, federal judge joins the faculty
• CWRU Law alumni prepare for China, their third U.S. Embassy post
• Alumna with an eye on Latin America named managing partner… (Squire Patton Boggs)
• New partnership agreements signed Brazilian and Chinese universities
• Case Western Reserve law students intern around the …

Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood

War Crimes Memoranda

No abstract provided.

Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle

War Crimes Memoranda

No abstract provided.

Climate Change Negotiations: Legal And Other Issues On The Road To Paris, Susan Biniaz

Case Western Reserve Journal of International Law

This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.

President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams

Case Western Reserve Journal of International Law

No abstract provided.

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …

Reconciling Patent Law And Traditional Knowledge: Strategies For Countries With Traditional Knowledge To Successfully Protect Their Knowledge From Abuse, Ameera Haider

Case Western Reserve Journal of International Law

Traditional knowledge is a form of innovation that does not fit neatly into Western notions of property. Underdeveloped countries with significant traditional knowledge lack property protection for their traditional knowledge and are often not compensated for the technology arising from this form of knowledge. This Note outlines the tension arising from the differing incentives that underlie patent and traditional knowledge systems, and recommends methods of reconciling those tensions. First, this Note advocates that countries develop national libraries of the knowledge embodied in their staple agricultural products. Next, countries should create statutes to establish a method by which outside parties can …

Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie

War Crimes Memoranda

No abstract provided.

Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah

War Crimes Memoranda

No abstract provided.

Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li

War Crimes Memoranda

No abstract provided.

Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant

War Crimes Memoranda

No abstract provided.

Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt

War Crimes Memoranda

No abstract provided.

Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski

War Crimes Memoranda

No abstract provided.

The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock

War Crimes Memoranda

No abstract provided.

Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson

War Crimes Memoranda

No abstract provided.

Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola

War Crimes Memoranda

No abstract provided.

How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner

War Crimes Memoranda

No abstract provided.

Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa

War Crimes Memoranda

No abstract provided.

Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh

War Crimes Memoranda

No abstract provided.

Essay: Iran And The Military Option, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

When politicians, pundits, and prognosticators discuss the "military option" for Iran it is important to understand that it will in all likelihood result in a full scale international armed conflict. If the "military option" mission is to eliminate Iran's nuclear capabilities, there is no one target to destroy, bomb, or obliterate that will render Iran's nuclear program dead therefore making such an option unlikely to be quick or efficient. A conflict with Iran would involve an extensive air campaign and probably result in Iran launching missiles at Israel and Eastern Europe. The Persian Gulf would effectively be closed off as …

Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston

Case Western Reserve Journal of International Law

An introduction is presented in which editor discusses various articles within the issue based on the legacy of U.S. President Barack Obama's administration on right to use force in self-defense against non-state actors, foreign policy accomplishments in the Middle East and climate change.

How The War Against Isis Changed International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and …

President Obama's Legacy: The Iran Nuclear Agreement?, Milena Sterio

Case Western Reserve Journal of International Law

Iran, the United States, and several world super-powers signed a historic nuclear agreement over the summer of 2015. The Agreement is a comprehensive plan of action, with an unprecedented level of minutia and detail regarding Iran's commitment to curb its nuclear program in exchange for the lifting of United Nations-imposed sanctions against Iran. This Agreement, if it is successfully implemented, may represent President Obama's most significant foreign policy achievement and may become the most important element of President Obama's legacy. This Article will examine the Iran Nuclear Agreement by focusing on the events which led to the imposition of sanctions …