International Law Commons^™

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …

Provisional Relief In Transnational Litigation, George A. Bermann

Faculty Scholarship

In this article, Professor Bermann identifies and analyzes the principal problems raised by the rapidly growing phenomenon of transnational provisional relief National courts are facing serious challenges in organizing such interventions, but as yet lack a sufficiently comprehensive framework of analysis. The author begins with the clarifying distinction that provisional relief may be transnational either because of its significant effects abroad or because it lends support to protective measures ordered by foreign courts, and draws on the experiences of U.S. and foreign courts in determining the costs of both granting and withholding provisional relief He concludes that, despite the very …

The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez

Michigan Journal of International Law

This article will describe how the World Court has abstained in a way that not only expresses its commitment to principled government but also implements a coordinate, participation-inducing agenda. The article argues that the most recent jurisprudence of the ICJ manifests an acceleration of this tendency in response not only to the need to conserve judicial resources in light of the increased use of the Court by States, but also, and more significantly, to the enhanced law-making activity of the political organs of the U.N.

The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg

Michigan Journal of International Law

This article analyzes the role that the Constitution assigns to the Senate in treatymaking and the implications of this role on the relationship between the President and the Senate. Part I examines the meaning of "advice and consent" in the Treaty Clause. It discusses the origins of the phrase "advice and consent," the history of the drafting of the Treaty Clause, and the implications of the Framers' decision to include the Treaty Clause in Article II of the Constitution.

Race-Based Affirmative Action And International Law, Jordan J. Paust

Michigan Journal of International Law

International law, which is part of the supreme law of the United States, provides significant affirmation of the legal propriety of race-based affirmative action. At least two human rights treaties ratified by the United States are particularly useful in identifying the acceptability of certain measures of affirmative action as well as the duty to take special and concrete measures of affirmative action in certain circumstances. Such a duty is not merely based in supreme federal law, relevant to decision-making at federal and state levels, but is also contained in federal policy relevant to the constitutional precept of federal preemption. Treaty-based …

A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon

Michigan Journal of International Law

This note first reviews in Part I the history and potential of the idea of iceberg utilization. Part II then briefly examines the relevant sources of international law relating to iceberg acquisition. Finding that the standard sources of international law, such as conventions and international custom, currently provide inadequate guidance in this area. The note in Part III then searches for general principles embodied in the three major regimes of national water law: riparian rights, prior appropriation, and administrative allocation. Finally, it outlines in Part IV what an iceberg appropriation regime might look like under each regime.

Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas

University of Miami Inter-American Law Review

No abstract provided.

The Social And Legal Construction Of Nonpersons, Kevin R. Johnson

University of Miami Inter-American Law Review

No abstract provided.

The Role Of Transnational Identity And Migration, Enid Trucios-Haynes

University of Miami Inter-American Law Review

No abstract provided.

Human Rights In International Economic Law, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.

Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito

University of Miami Inter-American Law Review

No abstract provided.

Mexico's El Cuchillo Dam Project, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.

Great Expectations: The North American Commission On Environmental Cooperation Review Of The Cozumel Pier Submission, David G. Schiller

University of Miami Inter-American Law Review

No abstract provided.

The Empire Strikes Back: Britain's Use Of The Law To Suppress Political Dissent In Hong Kong, Richard Klein

Scholarly Works

This Article highlights historical events in Hong Kong under the British administration, and calls for a reconsideration of the widely-held view of approving of British rule. Among those instances highlighed by this Article include the British use of martial law, deportation, imprisonment, flogging and censorship to deal with those who dared criticize the governance of the colony.

Russia And The Legality Of Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

The aim of this essay is to comment on Russia's accession to the Council of Europe and its probable accession to the European Convention on Human Rights from the perspective of the legal theory concerning the nature of obligation in international law and the law-like character of international law. The facts of Russia's accession test a philosophical argument that has been made elsewhere about the nature, efficacy and 'legality' of the legal system of the European Human Rights Convention. An important premise therein is that 'sometimes a happy (or unhappy) confluence of political decisions, social attitudes, and individual actors and …

The Utility Of International Criminal Courts, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Nafta: The Effect Of The Motor Carrier Provisions On The Future Of The Agreement, Pamela C. Schmidt

UC Law SF International Law Review

The motor carrier provisions of the North American Free Trade Agreement (NAFTA) provide for gradual implementation that will eventually allow Mexican trucks unfettered access to the U.S. highways. The first phase of the motor carrier provisions were scheduled to go into effect on December 18, 1995. The unilateral delay of the provisions by the Clinton administration has resulted in controversy both in the United States and Mexico. Although the motor carrier provisions are just a small part of NAFTA, they have the ability to undermine the entire Agreement.

This Note will examine the advantages and disadvantages of implementing the NAFTA …

In Tribute, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

In Tribute, H. G. Prince

UC Law SF International Law Review

No abstract provided.

Status Of Indigenous Rights In Fiji, Nehla Basawaiya

St. Thomas Law Review

No abstract provided.

The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen

Fordham International Law Journal

This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structural and cultural barriers to pursuing product liability claims. Part I also explains the product liability legal theories in existence before the PL Law and discusses the twenty-year process in which Japan debated the prospects of passing this legislation. Part I concludes by discussing factors …

Social And Business Objectives Of Telecommunications Policy, Bjorn Wellenius

Fordham International Law Journal

Speech given at Session 2: World Communication: Where is Technology Leading Us? Mr. Wellenius focused on the social objectives of telecommunications policy and how these objectives fare in a privately led, increasingly competitive business environment.The social and business objectives of telecommunications policy largely coincide. Gaps, however, are likely to remain in meeting social objectives. Closing these gaps costs rather little, much less in fact than had been assumed in the past. Small subsidies go a long way if they are allocated using market mechanisms.

Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour

Fordham International Law Journal

No abstract provided.

Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Restitution Regimes In Post-Communist Eastern Europe: A Legal Analysis, Sophia Von Rundstedt

LLM Theses and Essays

When the Communist regimes in Central and Eastern Europe collapsed at the end of the last decade, the opposition, which had been united in their goal to defeat Communism, quickly disintegrated into a variety of factions. One of their tasks was to decide on enacting a constitution, in order to stabilize and entrench the new democratic institutions. Apart from establishing the legal framework for democracy, politicians had to develop strategies to convert the state-run economy into a free-market economy. Such a transition required as a first step the privatization of state property. Legal reform of property rights raises the question: …

Developing Countries And The Framework For Negotiations On Foreign Direct Investment In The World Trade Organization, Eric M. Burt

American University International Law Review

No abstract provided.

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.

The Case For A Permanent International Truth Commission, Michael P. Scharf

Faculty Publications

This Article presents the case for the establishment of a permanent international truth commission as an adjunct to a permanent international criminal court or domestic prosecutions. Such a commission would be available to countries in the aftermath of situations involving grave humanitarian or human rights crimes. From the experience of the several international and national truth commissions established to date, this Article seeks to distill a framework for a pro- posed permanent international truth commission which would avoid the major problems that afflicted its predecessors. A draft statute for a permanent international truth commission is appended at the end of …

Constitutionalism And International Organizations, Ernst-Ulrich Petersmann

Northwestern Journal of International Law & Business

Peaceful cooperation among individuals and among states has be- come a globally recognized policy objective. The worldwide trend to- wards deregulation, market economies, protection of human rights and democracies reflects an increasing recognition that individual freedom, non-discrimination and rule of law are the best conditions for promoting individual and collective self-determination and social welfare. But in contrast to the long-standing constitutional theories for national democracies, there is a troubling paucity of theory on how to achieve a peaceful international order based on worldwide liberal rules. During the first half of the 20th century, government policies in international relations continued to …

Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan

Northwestern Journal of International Law & Business

The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will do some good? More specifically, what processes hold international lawmakers ac- countable for their decisions?