International Law Commons^™

The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, János Fiala-Butora, Michael Ashley Stein, Janet E. Lord

Faculty Publications

This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection.

The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …

Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson

William & Mary Environmental Law and Policy Review

Deforestation and desertification, archenemies of efforts to maintain forests as sinks for greenhouse gas emissions, are marching on unabated in Africa, where 90 percent of forests were lost in West Africa over the last century alone. Wangari Maathai, founder of the Green Belt Movement, whose work to restore some of Kenya’s decimated forests predates the connections made by the climate science community between deforestation and climate change, wrote:

Today we are faced with a challenge that calls for a shift in our thinking, so that humanity stops threatening its lifesupport system. We are called to assist the Earth to heal …

"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal

William & Mary Environmental Law and Policy Review

No abstract provided.

Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec

Faculty Publications

Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.

Crushing Europe's Pipeline Dreams: Russia's Mineral Monopoly, Weakness In The European Energy Market, And Realism In The Future, Daniel Doty

William & Mary Environmental Law and Policy Review

No abstract provided.

Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith

William & Mary Environmental Law and Policy Review

No abstract provided.

Lessons From Fukushima: Strengthening The International Regulation Of Nuclear Energy, Emily Benz

William & Mary Environmental Law and Policy Review

No abstract provided.

Humanitarian Financial Intervention, Evan J. Criddle

Faculty Publications

Over the past several decades, states have used international asset freezes with increasing frequency as a mechanism for promoting human rights abroad. Yet the international law governing this mechanism, which I refer to as ‘humanitarian financial intervention’, remains fragmented. This article offers the first systematic legal analysis of humanitarian financial intervention. It identifies six humanitarian purposes that states may pursue through asset freezes: preserving foreign assets from misappropriation, incapacitating foreign states or foreign nationals, coercing foreign states or foreign nationals to forsake abusive practices, compensating victims, ameliorating humanitarian crises through humanitarian aid or postconflict reconstruction, and punishing human rights violators. …

To Believe In Black Stars Or Red Dragons?: Comparing The Foreign Direct Investment Climates Of Ghana And China, Theodore W. Briscoe Iii

William & Mary Business Law Review

When thinking of overseas business expansion, most think of China. This is for good reason: China commands a lion’s share of foreign direct investment money. It would shock readers to know that there are destinations that are far more suitable for overseas investment than China. It would shock readers even more to know that one of these destinations is in sub-Saharan Africa.

Ghana—the Black Star country—has quietly put together a legal regime that is extremely attractive for foreign direct investment. When comparing Ghana’s foreign investment policies to China’s, Ghana’s policies are indisputably more favorable to foreign investors. Ghana offers more …

The Social Enterprise Revolution In Corporate Law: A Primer On Emerging Corporate Entities In Europe And The United States And The Case For The Benefit Corporation, Robert T. Esposito

William & Mary Business Law Review

Remarkably, in the face of a global recession, the social enterprise sector continued to experience extraordinary growth in both financial support and the number of newly authorized corporate entities aimed at social entrepreneurs who seek to use the power of business to simultaneously achieve profit and social or environmental benefits. This Article highlights recent developments in the social enterprise movement in Europe and the United States and focuses on the emergence of a surprisingly broad range of newly authorized corporate entities on both continents in response to the needs of social entrepreneurs. These include social cooperatives and the community interest …

Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii

William & Mary Law Review

Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.

Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …

How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young

William & Mary Law Review

No abstract provided.

Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt

William & Mary Law Review

No abstract provided.

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Section 4: International Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Neuroscience In The Courtroom: An International Concern, Dominique J. Church

William & Mary Law Review

No abstract provided.

A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula

William & Mary Environmental Law and Policy Review

No abstract provided.

Exporting Waste: Regulations Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba

William & Mary Environmental Law and Policy Review

No abstract provided.

Mitigating Global Climate Change: Designing A Dynamic Convention To Combat A Dynamic Risk, Phillip M. Kannan

William & Mary Environmental Law and Policy Review

No abstract provided.

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …

Book Review: International Law Stories, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone

Faculty Publications

The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …

Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs

Faculty Publications

No abstract provided.