International Law Commons^™

Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato

Journal of Legislation

No abstract provided.

Australia As A Model For Batson Reform, Evan M. Luellen

Notre Dame Journal of International & Comparative Law

No abstract provided.

The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.

Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Global Civil Justice, Cesare Cavallini

Notre Dame Journal of International & Comparative Law

No abstract provided.

Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Request For An Advisory Opinion On Climate Emergency And Human Rights By The Republic Of Colombia And The Republic Of Chile, Diane A. Desierto, Francisco Urbina, Aníbal Pérez-Liñán, Nicolas Buitrago Rey, Faisal Yamil Meneses, Garrett Pacholl

Court Briefs

The Notre Dame Law School Human Rights Clinic (NDLS GHRC) in collaboration with the Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

From the Introduction

Noting the request of the Republic of Colombia and the Republic of Chile for this Honorable Court to "provide guidance towards human rights-based solutions with an intersectional perspective," this Expert Opinion deliberately draws on interdisciplinary methods that weave international law, international human rights law, jurisprudence, quantitative tools of political science, and qualitative tools of social science research to assist this Honorable Court in its task of addressing the manifold questions brought by the …

The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat

Notre Dame Law Review

After twenty years of operation, we know that the International Criminal Court (ICC) works in practice. But does it work in theory? A debate rages regarding the proper conceptualization of the Court’s jurisdiction. Some have argued that the ICC’s jurisdiction is little more than a delegation by states of a subset of their own criminal jurisdiction. They contend that when states ratify the Rome Statute, they transfer some of their own prescriptive or adjudicative criminal jurisdiction to the Court, meaning that the Court cannot do more than the state itself could have done. Moreover, they argue that these constraints are …

The Lessons Of 9/11 For October 7, Mary Ellen O'Connell

NDLS in the News

October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.

The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …

Amicus Curiae Brief Of International Scholars In Support Of Appellee And Affirmance, Paul M. Levine, James J. East Jr., Carlos Ramos-Mrosovsky, Diane Desierto

Court Briefs

No. 23-7008
Ioan Micula v. Government of Romania

On Appeal from the United States District Court for the District of Columbia, Case No. 1:17-cv-02332-APM Hon. Amit P. Mehta, United States District Judge

From the Argument

ICSID Convention Article 54 requires the United States to enforce Appellees’ final ICSID award in fulfillment of treaty obligations owed to every other Contracting State to the ICSID Convention. That the courts of the United States must enforce ICSID awards without the extensive review that Appellant demands is at the heart of the ICSID Convention’s multilateral framework for investor-state dispute settlement, and precisely the result …

Amicus Curiae Brief Of International Scholars In Support Of Appellee And Affirmance, Paul M. Levine, James J. East Jr., Carlos Ramos-Mrosovsky, Diane Desierto

Court Briefs

No. 23-7031, 23-7032
NextEra Energy Global Holdings B.V. v. Kingdom of Spain

On Appeal from the United States District Court for the District of Columbia, Case Nos. 1:19-cv-1618 and 1:19-cv-1871 Hon. Tanya S. Chutkan, United States District Judge

From the Argument

ICSID Convention Article 54 requires the United States to enforce Appellees’ final ICSID awards in fulfillment of treaty obligations owed to every other Contracting State to the ICSID Convention. That the courts of the United States must enforce ICSID awards without the extensive review that Appellant demands is at the heart of the ICSID Convention’s multilateral framework for investor-state …

Amicus Curiae, Stephanie Barclay, Nicole Garnett, Diane Desierto, Richard Garnett, John Meiser, Jorge Barrera-Rojas

Court Briefs

No. T9117732
Sandoval v. Universidad Nacional de Colombia

This Amicus Brief is presented to this Honorable Constitutional Court by the undersigned so that the considerations and arguments contained therein are helpful in the just resolution of the conflict submitted to your knowledge and that, for purposes of clarity, are structured as follows:
(These statements are followed by the Table of Contents)

From the Argument

Non-discrimination on religious grounds in education is expressly prohibited in international human rights treaties, whether regional or universal. Moreover, many of them are ratified by Colombia and therefore impose international obligations of direct and immediate effect, …

Amicus Brief, David Patrick Paul Alton, Sam Brownback, Kelley E. Currie, Nury Turkel, Frank Wolf, Francesca Matozzo, Stephanie Barclay

Court Briefs

Exp. 2774/2022
Kanat, Omer and Others s/ Investigation of Crime

From the Introduction

China has committed numerous atrocities against the Uyghur people, whom the Chinese Communist Party views as a threat for their religiosity and distinct way of life. Uyghurs have been forcibly removed from their homes and put into “reeducation camps,” where they are tortured, forced into labor, and cut off from their families. Many Uyghurs do not survive their torture in the camps. Those who remain at home are forced to accept a government agent to live in their home to ensure they do not pray, read the …

Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart, Mike Kowalski

Notre Dame Journal of International & Comparative Law

President Joe Biden’s nomination of then-Judge Ketanji Brown Jackson to the United States Supreme Court (the “Court”) conjured up all too fresh memories of just how politicized the Court, and the candidate selection process, has become. Not long before now-Justice Jackson’s nomination, the recent nomination and confirmation of Justice Amy Coney Barrett to the Court received significant media attention, both within the United States (U.S.) and internationally. On the same day of her swearing-in ceremony, the BBC, a public news organization headquartered in the United Kingdom (U.K.), found it relevant to publish an article describing seemingly mundane features of Justice …

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano

Notre Dame Journal of International & Comparative Law

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …

Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns

Notre Dame Journal of International & Comparative Law

Never has the term limbo been so appropriately used in modern history than as applied to the current situation of the Êzidi internally displaced persons (IDPs). As Dante’s first circle of hell, limbo separates its residents from God, leaving them in a state of eternal suffering and sadness. This in-between place is saved for just individuals who did not receive Christ as required in Catholic theology and are now doomed to reside forever in a place of separation from God’s presence. Limbo is a state of punishment that seemingly freezes one’s ability to progress or enjoy future happiness.

Banning Autonomous Weapons: A Legal And Ethical Mandate, Mary Ellen O'Connell

Journal Articles

From the Introduction

The ongoing debate over the law and ethics of lethal autonomous weapon systems (LAWS) reflects two very different perspectives. One sees the development of such weapons as an essential part of national security that depends on a strong military in possession of the latest weapons technology. If legal or ethical norms impede staying ahead in the race for new weapons, those norms need to be reinterpreted or modified. The other perspective maintains that security depends first and foremost on robust respect for legal principles that are derived from fundamental moral principles. Such principles are not subject to …

Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides

Notre Dame Journal of International & Comparative Law

No abstract provided.

China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel

Notre Dame Journal of International & Comparative Law

Politicians, lawyers, and academics alike have long been fascinated with the rule of law, but this fascination has never immunized them from the challenges of defining just what the rule of law is. Indeed, defining the rule of law by citing an example, such as the United Kingdom or the United States, remains easier than articulating why those nations have the rule of law and how other nations can advance the ideal within their own boundaries. Still, modern scholarship has led to the creation of three alternative theories of the rule of law–formalist, procedural, and substantive conceptions. A formalist theory …

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton

Notre Dame Journal of International & Comparative Law

When it comes to Nazi looting, the past is not dead.Nor should it be. Even now more than three-quarters of a century after the Holocaust, Nazi-looted art cases still provide direct justice to victimized families while also advancing broader historical redress known as “transitional justice,” which since World War II has become a means to address mass atrocities through criminal trials, civil litigation, truth reconciliation commissions, memorials, and reparations.