International Law Commons^™

Ajuri V. Idf Commander In West Bank, Aharon Barak, Shlomo Levin, Theodor Or, Eliahu Mazza, Mishael Cheshin, Tova Strasberg-Cohen, Dalia Dorner, Dorit Beinisch, Jacob Turkel

Translated Opinions

Facts: The IDF Commander in Judaea and Samaria made orders requiring three residents of Judaea and Samaria to live, for the next two years, in the Gaza Strip. The orders were approved by the Appeals Board. The three residents of Judaea and Samaria petitioned the High Court of Justice against the orders.

The petitioners argued that the orders were contrary to international law. In particular the petitioners argued that Judaea and Samaria should be regarded as a different belligerent occupation from the one in the Gaza Strip, and therefore the orders amounted to a deportation from one territory to another, …

Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter

Cardozo Law Review

No abstract provided.

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts

Cardozo Law Review

No abstract provided.

Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft

Cardozo Law Review

No abstract provided.

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.

Physicians For Human Rights V. The Commander Of The Idf Forces In The West Bank, Dalia Dorner, Edmond E. Levy, Dorit Beinisch

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) Petitioner requested explanations from the State regarding accounts of IDF fire on ambulances and injuries caused to the medical teams traveling in them. Petitioners requested that respondents be ordered to cease such activities. The State responded that these incidents were the result of the Palestinian’s use of ambulances for the transport of explosives. Even so, the State held firm in its obligation to fulfill its duties under international law. The State asserted that combat forces had been instructed …

Center For The Defense Of The Individual V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Theodor Or

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) Petitioners argued that respondent was not using the special rescue unit of the IDF Homefront Command to search for all persons that may be buried alive under ruins in the Jenin refugee camp.

Held: The Supreme Court held that both law and morality mandated that the rescue unit enter the Jenin refugee camp. As this unit had entered the camp, as per respondents reply, the goal of the petition had been fulfilled.

Physicians For Human Rights V. The Commander Of The Idf Forces In The West Bank, Dalia Dorner, Ayala Procaccia, Edmond E. Levy

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) Petitioners claim that the IDF violated international law by firing upon medical teams, preventing the evacuation of the wounded and the sick to hospitals, preventing the removal of bodies for the purposes of burial, and preventing the supply of medical equipment to hospitals. Respondents reply that, during the course of warfare, it became clear that incidents had occurred during which explosives had been transported in ambulances, and wanted terrorists had found shelter in hospitals. However, respondents asserted, the …

Knowledge-Economy Ilites, The International Law Of Intellectual Property And Trade, And Economic Development, Michael P. Ryan

Cardozo Journal of International and Comparative Law

The article challenges the simplistic view of the TRIPS Agreement as a tool solely for corporate power, emphasizing instead the agency and strategic choices of developing countries in shaping intellectual property (IP) policies to their economic benefit. It highlights the complexity of IP laws, including trademarks, patents, and copyrights, and their varying acceptance and impact in developing nations. The analysis underscores the importance of understanding sector-specific dynamics and the role of international organizations in promoting IP standards, ultimately advocating for a nuanced approach to IP policies that align with local development goals and global economic integration.

Committee Of Heads Of Local Arab Councils V. Ministry Of Construction, Dorit Beinisch, Aharon Barak, Yaakov Kedmi

Translated Opinions

Facts: Petition seeking the establishment of egalitarian socio-economic criteria for the implementation of the Neighborhood Restoration Project, and a similar inclusion of Arab settlements, which are ranked under the first and second cluster by the Central Office of Statistics, to the inclusion within the project of Jewish settlements which fall under that same ranking.

Held: In the majority opinion, written by Justice Beinisch, the petition was granted in part as to the requested criteria. The court determined that the petition was made partially extraneous given the drafting of new criteria in 1999, and that the criteria were to be redrafted …

A View From 40,000 Feet: International Law And The Invisible Hand Of Technology, Colin B. Picker

Cardozo Law Review

No abstract provided.

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.

A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine

Cardozo Law Review

No abstract provided.

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

Confronting Disease In A Global Arena, Lauren Z. Asher

Cardozo Journal of International and Comparative Law

The note argues that the global surge in infectious diseases necessitates the integration of human rights principles into international law to ensure effective and equitable responses to public health crises. It emphasizes the critical role of the World Health Organization (WHO) and the International Health Regulations (IHR) in addressing these challenges, while highlighting the need for stronger enforcement mechanisms, standardized funding, and universal adherence to health standards. The analysis underscores the importance of balancing public health measures with individual rights, particularly in areas such as quarantine, privacy, and mandatory treatment.

Cls 2001, Jeremy Paul

Cardozo Law Review

No abstract provided.

A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka

Cardozo Journal of International and Comparative Law

The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Cardozo Journal of International and Comparative Law

The article examines the decline of constitutional supremacy in the context of increasing international legal influences and the rise of supranational organizations. It argues that the traditional dualistic view of domestic and international law is no longer tenable, as national constitutions are no longer the sole supreme law. Instead, the legal landscape has become multifaceted, with overlapping national, supranational, and international legal structures. This shift is attributed to the erosion of state sovereignty and the integration of international law into domestic legal systems, even in countries like the United States.

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Articles

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

The Political Economy Of Global Multilateralism, John O. Mcginnis

Articles

Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …

International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article, written by Malvina Halberstam, reflects on the 50th anniversaries of the Universal Declaration of Human Rights (UDHR) and the Israeli Supreme Court. It highlights the significance of the UDHR in establishing individual rights within international law and compares the protection of these rights in U.S. and Israeli domestic laws. While the U.S. Constitution provides robust protection for many UDHR rights, the article critiques the U.S. for its slow ratification of human rights treaties and the practice of adding reservations, particularly the declaration of treaties as non-self-executing. It also addresses concerns about restrictions on freedom of expression in Israel, …

Berner-Kadish V. Minister Of Interior, Dalia Dorner, Dorit Beinisch, Abdel Rahman Zuabi

Translated Opinions

The First and Second Petitioners (hereinafter: the Petitioners,) two women who have been life partners for seven years, are Israeli citizens. Their permanent residence is in the State of California, in the United States. On January 12, 1996 the Second Petitioner (hereinafter: the mother) gave birth to the Third Petitioner (hereinafter: the son,) after having become pregnant via sperm donation. The son was adopted by the First Petitioner (hereinafter: the adoptive mother,) with the mother’s consent, according to an adoption decree granted by a California court – where the son was born and where the three Petitioners reside. The adoptive …

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.

A Just War? Or Just A War?: Schmitt, Habermas, And The Cosmopolitan Orthodoxy, William Rasch

Cardozo Law Review

No abstract provided.

Does V. Ministry Of Defense, Aharon Barak, Theodor Or, Eliahu Mazza, Itzchak Zamir, Mishael Cheshin, Shlomo Levin, Yaakov Kedmi, Jacob Turkel, Dalia Dorner

Translated Opinions

Facts: The petitioners were citizens of Lebanon, who were brought to Israel between the years 1986-1987 by the security forces, and put on trial for their membership in hostile organizations and for their involvement in attacks against IDF and LDF. The petitioners had been convicted and sentenced to various sentences of imprisonment, which they served. Subsequently, the petitioners were held in administrative detention under section 2 of the Emergency Powers (Detentions) Law 5739-1979. This administrative detention was extended from time to time, for additional six month periods, in accordance with the same section. The question before the court was whether …

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

The International Watercourse: An Exploitable Resource For The Developing Nation Under International Law?, Shashank Upadhye

Cardozo Journal of International and Comparative Law

No abstract provided.