International Law Commons^™

The Obama Administration's Clean Air Act Legacy And The Unfcc, Uma Outka

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.

Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson

Case Western Reserve Journal of International Law

Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …

Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia

Case Western Reserve Journal of International Law

This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.

International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans-Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle

Case Western Reserve Journal of International Law

The Obama administration's "pivot" or "rebalance" to Asia has shaped the Obama administration's impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China--particularly in the context of disputes over the South China Sea -- and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the …

Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman

Case Western Reserve Journal of International Law

U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.

Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz

Case Western Reserve Journal of International Law

At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.

Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham

Case Western Reserve Journal of International Law

International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …

The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno

Case Western Reserve Journal of International Law

Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …

Talking Foreign Policy: The Iran Nuclear Accord, Radio Program

Case Western Reserve Journal of International Law

one hour radio program on the Iran Nuclear Agreement, featuring Michael P. Scharf, Mileno Sterio, Avidan Cover, Paul Williams, and Col. Mike Newton

Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease

Case Western Reserve Journal of International Law

The Tobacco Plain Packaging Act (TPPA) was passed in Australia in 2011 and set restrictions on the appearance of tobacco packages. The restrictions limited the use of trademarks to only the brand name, and banned any use of distinctive colors or images. Tobacco growing nations believed this restriction on trade dress violated Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which guarantees that no restriction may unjustifiably encumber intellectual property. Article 8 of the TRIPS Agreement, however, allows for encumbrances when it is intended to promote the protection of public health and safety. The tobacco growing …

A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno

Case Western Reserve Journal of International Law

This article argues that universal access to drugs requires not only collaboration between nations and patent holders, but also the creation of a neutral International Panel. Under the supervision of a Neutral International Panel, the disequilibrium, created by the current system of global intellectual property protection can be equalized to improve access to drugs without undermining pharmaceutical companies and intellectual property rights.

Public Enemy: The Public Element Of Direct And Public Incitement To Commit Genocide, Brendan Saslow

Case Western Reserve Journal of International Law

Direct and public incitement to commit genocide has been an international crime since the 1940s. The public element plays a role in each international incitement case, yet many scholars consider it straightforward and unworthy of attention. This article seeks to analyze jurisprudence, primarily developed at the International Criminal Tribunal for Rwanda, on how to determine whether inciting to commit genocide is public. This element is most problematic in cases involving speech through broadcast media such as television and radio. Moreover if ICTR case law informs future international criminal proceedings it may be an issue in a future genocide that involves …

Masthead, Volume 48 Issue 1 (2016)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 48 Issue 1, Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Case Global: Changing Lives Over Spring Break, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 7, #1 (2015)

• Changing lives over spring break (cover)
• Frederick K. Cox International Law Center celebrates 25 year anniversary
• Case Western Reserve’s international law program jumps four spots to No. 11...
• Students in new Human Rights Clinic handle immigration case… (East Africa)
• Brigade Judge Advocate Keith Petty, ‘02 deployed to Liberia… (Ebola epidemic)
• International law curriculum; sequence to success
• CWRU Law’s piracy work culminates in publication of a book…
• Case Western Reserve screens documentary film… (ICTY)
• Case Western Reserve students intern around the world
• Recent Graduate Profiles
• International Law 2014-15 Events Round-up
• News of our International Law Faculty

Red-Teaming Nlw: A Top Ten List Of Criticisms About Non-Lethal Weapons, David A. Koplow

Case Western Reserve Journal of International Law

No abstract provided.

Unpunished Insults -- The Looming Cyber Barbary Wars, Matteo G. Martemucci Col.

Case Western Reserve Journal of International Law

No abstract provided.

Back To The Future: Reflections On The Advent Of Autonomous Weapons Systems, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

Shifting The Paradigm -- Bringing To Justice Those Who Commit Human Rights Atrocities, Mark S. Ellis

Case Western Reserve Journal of International Law

No abstract provided.

Stuxnet And Its Hidden Lessons On The Ethics Of Cyberweapons, P. W. Singer

Case Western Reserve Journal of International Law

No abstract provided.

The Debate Over Autonomous Weapons Systems, Gregory P. Noone Dr., Diana C. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.

The Volcker Rule: A Reminder Of The Need For Additional Remedies For Party-To-Party Nafta Disputes, Jacob H. Cappel

Case Western Reserve Journal of International Law

No abstract provided.

Emerging Military Technologies: Balancing Medical Ethics And National Security, Efthimios Parasidis

Case Western Reserve Journal of International Law

No abstract provided.

And Next Please? The Future Of The Nlw Debate, Pauline M. Shanks Kaurin Dr.

Case Western Reserve Journal of International Law

No abstract provided.

Possible Ethical Problems With Military Use Of Non-Lethal Weapons, Stephen Coleman

Case Western Reserve Journal of International Law

No abstract provided.

Show Me On The Map Where They Hacked You: Cyberwar And The Geospatial Internet Doctrine, Molly Sauter

Case Western Reserve Journal of International Law

No abstract provided.

War Through Pharmaceuticals: How Terrorist Organizations Are Turning To Counterfeit Medicine To Fund Their Illicit Activity, Douglas T. Cannon

Case Western Reserve Journal of International Law

No abstract provided.

If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya

War Crimes Memoranda

No abstract provided.

Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce

War Crimes Memoranda

No abstract provided.

The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, Andrew Zashin

Faculty Publications

This paper asserts that the only way true progress can be made regarding this problem is for the United States to acknowledge that this serious problem actually exists. One has to look beyond the feel-good statistics and congratulatory press releases to see that the existing system, including the application of the Hague Convention on Child Abduction, fails LBPs. Until the nature and scope of the problem is identified and examined, the United States will continue to be a refuge state for child abductors.