International Law Commons^™

Ka’Adan V. Israel Land Administration, Aharon Barak, Theodor Or, Itzchak Zamir, Mishael Cheshin, Yaakov Kedmi

Translated Opinions

Facts: The State of Israel, through the Israel Lands Administration, allocated land in the Eron valley region to the Jewish Agency for Israel.  The Jewish Agency, through a cooperative society, set up the settlement of Katzir on this land. The objectives of the Jewish Agency for Israel include the settlement of Jews throughout the land of Israel. For its part, the cooperative society will only grant membership to Jews. Petitioners, a couple with two daughters, are Arabs. They requested to live in the settlement of Katzir. According to petitioners, their request was immediately denied by reason of their being …

Comment: Cultural Pluralism, Nationalism, And Universal Rights, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

A V. State Of Israel, Dorit Beinisch, Aharon Barak, Izhak Englard

Translated Opinions

Appeal on the judgment of the Tel-Aviv–Jaffa District Court (Justice S. Rotlevy) dated 3 June 1998 in CrimC 511/95.

Facts: The appellant was convicted of offences of assault and child abuse. The acts for which she was convicted included hitting a child on his mouth, which resulted in the child losing a milk tooth. The appellant was found to have hit her children regularly on various parts of their bodies, both with her hand and with a sandal, and to have been accustomed to throw shoes at them. The appellant argued, both in the trial court and in the Supreme …

Recovering Collectivity: Group Rights To Intellectual Property In Indigenous Communities, Angela R. Riley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow

Cardozo Journal of International and Comparative Law

The note examines the legal complexities surrounding the extradition case of Samuel Sheinbein, a dual citizen of Israel and the United States, who fled to Israel after being implicated in a murder in Maryland. The case highlights tensions between Israel's citizenship laws, which prohibit the extradition of its citizens, and international extradition norms. The Israeli Supreme Court ultimately ruled that Sheinbein could not be extradited due to his Israeli citizenship, prompting efforts to revise the extradition agreement between Israel and the United States to prevent similar outcomes in the future. The case underscores the challenges of balancing national sovereignty with …

Conclusion, Jonathan S. Greene

Cardozo Journal of International and Comparative Law

No abstract provided.

Treaties In The Mist, Jarred Kassenoff

Cardozo Journal of International and Comparative Law

The note argues that the survival of the mountain gorilla, a critically endangered species with only 300–350 individuals remaining, depends on strengthening international environmental treaties like CITES and addressing broader socio-political and economic factors. While CITES and the African Convention on Conservation provide important frameworks, their effectiveness is hindered by weaknesses such as lack of implementation, inadequate resources, and insufficient enforcement. The note emphasizes the need for treaties to shift from goal-oriented to implementation-oriented approaches, coupled with increased public awareness, political will, and resource allocation, to ensure the species’ survival.

Affirmative Action: An International Human Rights Dialogue, Ruth Bader Ginsburg, Deborah Jones Merritt

Cardozo Law Review

No abstract provided.

Public Committee Against Torture V. Israel, Aharon Barak, Shlomo Levin, Theodor Or, Eliahu Mazza, Mishael Mishael, Itzchak Zamir, Tova Strasberg-Cohen, Dalia Dorner, Yaakov Kedmi

Translated Opinions

Facts: In its investigations, the General Security Service makes use of methods that include subjecting suspects to moderate physical pressure. The means are employed under the authority of directives. These directives allow for the use of moderate physical pressure if such pressure is immediately necessary to save human life. Petitioners challenge the legality of these methods.

Held: The Court held that the GSS did not have the authority employ certain methods challenged by the petitioners. The Court also held that the “necessity defense,” found in the Israeli Penal Law, could serve to ex ante allow GSS investigators to employ such …

A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis

Articles

No abstract provided.

The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich

Cardozo Law Review

No abstract provided.

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Articles

No abstract provided.

The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam

Articles

No abstract provided.

Justice, Dignity, And Restitution Of Holocaust Victims' Assets, Alfonse D'Amato

Cardozo Law Review

No abstract provided.

Did Churchill Have A Duty To Warn?, Ruth Wedgwood

Cardozo Law Review

No abstract provided.

The Alien Tort Claims Act And The Foreign Sovereign Immunities Act: A Policy Solution, Marc Rosen

Cardozo Journal of International and Comparative Law

The note examines the evolution and effectiveness of the Alien Tort Claims Act (ATCA) and related legislation, such as the Antiterrorism and Effective Death Penalty Act (AEDPA), in addressing human rights violations. It argues that while the ATCA has been a groundbreaking tool for litigating human rights abuses, its implementation has been inconsistent and often undermined by subsequent laws like the AEDPA, which fails to adequately account for international law obligations. The analysis highlights the tension between U.S. domestic law and global human rights standards, concluding that the AEDPA is flawed as a human rights enforcement mechanism and proposes a …

International Diversity In Securities Regulation: Roadblocks On The Way To Convergence, Amir N. Licht

Cardozo Law Review

No abstract provided.

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

The Destruction Of The Brazilian Amazon: An International Problem, Jacqueline Klosek

Cardozo Journal of International and Comparative Law

The destruction of the Brazilian Amazon is a global environmental crisis necessitating international cooperation and responsibility, particularly from developed nations, due to its far-reaching consequences for biodiversity, climate change, and human rights. The note argues that while Brazil bears primary responsibility, the international community, especially developed countries, must assist in addressing the issue due to their historical and ongoing contributions to the problem.

At Last, The Truth Is Out, Whitney North Seymour Jr.

Cardozo Law Review

No abstract provided.

To Resign Or Not To Resign, Stephen Ellmann

Cardozo Law Review

No abstract provided.

The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis

Articles

Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …

Her Majesty The Queen In Right Of Canada V. Edelson, Aharon Barak, Eliahu Mazza, Tova Strasberg-Cohen

Translated Opinions

Facts: Respondents leased a house to the appellant, a foreign sovereign. The house was to serve as the residence of the Canadian ambassador to Israel. The parties disputed the right of the appellant to exercise his option to extend the lease. The magistrate court, in a declaratory judgment, rejected the appellant's claim of absolute immunity, held that the lease had ended, and ordered the appellant to vacate the property. The district court upheld the decision of the magistrate court. Appellant appealed to the Supreme Court.

Held: The Supreme Court held that a foreign sovereign enjoys only relative immunity, and not …

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

Fugitives And Agrarians In A World Without Frontiers, Jim Chen

Cardozo Law Review

Rien de grand avant l'tat. Let the French have their Colbertisme; Americans hold steadfast their faith in constitutionalism, the unofficial civic religion of the United States. Implicit in originalism, the most rigidly orthodox variant of America's constitutional faith is the belief that the legal world began with the framing of the Constitution. "All things created before me were not eternal": with the Constitution as creation, the American legal imagination need not embrace anything that occurred before 1787.

National Sovereignty And Transnational Problem Solving, Judith H. Bello

Cardozo Law Review

Many of the most difficult problems that challenge nation states in the increasingly interdependent world do not respect borders: illicit drug trafficking, refugees, illegal immigration, environmental degradation, illegal arms sales, nuclear proliferation, terrorism, bribery, and corruption. Nation states acting alone are helpless to resolve or most effectively alleviate these problems.

The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis

Cardozo Law Review

The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …

The Decline Of The Nation State In International Trade And Investment, William H. Lash Iii

Cardozo Law Review

For the past twenty-five years, commentators across a wide spectrum of ideologies and disciplines have been calling for, or predicting the death of, the nation state. The critics are numerous and forceful. Their caustic eulogies assert that the nation state is "just about through as an economic unit," a "nostalgic fiction," a "dysfunctional organizational unit," "remarkably inefficient engines of wealth distribution," and last but not least, "a political organism with cholesterol hardening the arteries of its economic bloodstream." To paraphrase Marc Antony, I do not wish to praise the nation state, nor to bury it. I will address …

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.