International Law Commons^™

Good Governance As A Counter Insurgency Agenda To Oppositional And Transformative Social Projects In International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

The Universal And The Particular In International Criminal Justice, Ruti Teitel

Articles & Chapters

No abstract provided.

Economic Sanctions Imposed By The United States Against Cuba: The Thirty-Nine Year Embargo Culminating With The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996, Digna B. French

University of Miami International and Comparative Law Review

No abstract provided.

The International Association Of Independent Tanker Owners (Intertanko) V. Lowry: The Lost Argument, John W. Bolanovich

University of Miami International and Comparative Law Review

No abstract provided.

Prosecution Of Corporations For Manslaughter: Towards A New Offense Of "Corporate Killing" In The United Kingdom, Mark Franklin

University of Miami International and Comparative Law Review

No abstract provided.

Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey

American University Law Review

No abstract provided.

International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez

LLM Theses

A review of the legal regime governing the shipments of radioactive materials reveals an array of preventive and emergency measures as well as liability and compensation measures. The legal regime, however, does not provide any voice to all potentially affected entities, particularly developing Coastal States and the marine environment. The legal regime must be transformed in order to take the above interests into consideration. Any reform in the legal system must start with an evaluation of the ethics and philosophy underlying the system. Understanding the ethical and philosophical basis of the legal regime contributes to the formulation of recommendations for …

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

The Michigan Guidelines On The Internal Protection Alternative

Michigan Journal of International Law

In many jurisdictions around the world, 'internal flight' or 'internal relocation' rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee law and policy, the viability of a universal commitment to protection is challenged by divergence in state practice. These Guidelines seek to define the ways in which international refugee law should inform what the authors believe is more accurately described as the 'internal protection alternative.' It is the product of collective …

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.

Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda

University of Richmond Law Review

On January 1, 1994, the North American Free Trade Agreement (NAFTA) between the governments of Mexico, Canada and the United States went into effect. Together with this trade agreement, the governments of the three countries entered into a side agreement on the environment: the North American Agreement on Environmental Cooperation (NAAEC). This agreement, also known as the Environmental Side Agreement, responded to some of the concerns of NAFTA critics. Some environmentalists believed NAFTA would promote environmentally insensitive and uncontrolled growth, and others thought the liberalization of trade would be used as a means to preempt stringent domestic environmental regulations.

International Environmental Litigation And Its Future, Philippe Sands

University of Richmond Law Review

The subject of international environmental law is relatively new. The subject was certainly not taught when the University of Richmond School of Law was established in 1870, even if early international law texts before that period did indicate a nascent concern for the issues of fisheries conservation and the use of international rivers. The late part of the last century and the early part of this one recognized a world in which international law could be divided, rather simply, between the law of peace and the law of war. It was a world with few international courts and tribunals in …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Public Interest Law Review

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt

Journal Publications

In recent years, African leaders have aggressively sought to strengthen their regional security structures while simultaneously attempting to democratise. Although they recognise that African regional organisations will need to assume a greater role in tackling Africa's security problems, the challenges posed by on-going democratisation efforts have had a visible impact on the effectiveness of some regional organisations. This article examines the challenges that democratisation poses to regional collective security arrangements in Africa, with specific reference to ECOWAS and SADC. It argues that whilst the inclination to democratise has influenced the establishment of new collective security structures, the superficial nature of …

Pre-Intervention Trust-Building, African States And Enforcing The Peace, Jeremy I. Levitt

Journal Publications

This article is concerned with examining the dynamics of trust-building in a pre-intervention context.' Specifically, it will analyse the concept of trustbuilding prior to the ECOWAS humanitarian interventions in Liberia and Sierra Leone, although the general thrust of my argument will no doubt apply to other African interventions.' Humanitarian intervention can be taken to mean: Intervention in a state involving the use of force (U.N. action in Iraq and Somalia or ECOWAS action in Liberia and Sierra Leone) or threat of force (U.N. action in Haiti), where the intervenor deploys armed forces and, at the least, makes clear that it …

Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson

University of Richmond Law Review

The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …

The Amnesty Exception To The Jurisdiction Of The International Criminal Court, Michael P. Scharf

Faculty Publications

This article examines the paradoxical question of whether the International Criminal Court will require justice at the expense of peace. Notwithstanding the popular catch phrase of the 1990s - "no peace without justice"' - peace and justice are sometimes incompatible goals. To end an international or internal conflict, negotiations must often be conducted with the very leaders who were responsible for war crimes and crimes against humanity. When this is the case, insisting on criminal prosecutions can prolong the conflict, resulting in more death, destruction, and human suffering.

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Journal of Law and the Public Interest

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

International Economic Sanctions: Improving The Haphazard U.S. Legal Regime, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

The United States has resorted increasingly to economic sanctions as a major tool in its foreign policy. Recent targets include Panama, South Africa, Nicaragua, Libya, the Soviet Union, Poland, and Iran. These sanctions encompass controls on government programs (such as foreign aid), US. exports, imports, private financial transactions, and assistance by international financial institutions.

In this Article, Professor Carter demonstrates that the present US. legal regime governing the use of sanctions for foreign policy reasons is haphazard and in need of reform. Current US. laws provide the President with nearly unfettered authority to cut off government programs and exports, but …

Laughing At Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This article responds to two articles by Professor John Yoo appearing in the same volume. Professor Yoo maintains that treaties, either categorically or presumptively, have the same status in the United States as in the United Kingdom, where they lack the force of domestic law, and hence are not judicially enforceable, until implemented by statute. This response argues that Yoo's thesis contradicts the text of the Constitution, which declares treaties to be the 'law of the land.' The response notes, further, that Professor Yoo's reliance on the ratification debates to read the Supremacy Clause's reference to treaties out of the …

Breard, Printz, And The Treaty Power, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This article considers whether the anti-commandeering principle of New York v. United States and Printz v. United States applies to exercises of the Treaty Power. It illustrates the problem with an analysis of the treaty provision involved in Breard v. Greene, 118 S. Ct. 1352 (1998), which requires state officials to notify certain aliens they arrest that they have a right to consult with their consul. Whether exercises of the treaty power are subject to the commandeering prohibition depends on the resolution of two ambiguities in the Supreme Court's anti-commandeering doctrine. The first concerns the distinction between commandeering and …

New International Legal Process, Mary Ellen O'Connell

Journal Articles

International legal process (ILP) emphasizes understanding how international law works. It concentrates not so much on the exposition of rules and their content as on how international legal rules are actually used by the makers of foreign policy. It is a more limited methodology than some others discussed in the symposium in that it did not, as originally developed, expose the normative values of the methodology, or how the methodology could be used to achieve those values. Nevertheless, ILP, as a study of international law in its actual operation and the consideration of how international law could work better, has …

Never Again?, Sven Alkalaj

Fordham International Law Journal

This article argues that the international community must learn from the genocide in Bosnia and Herzegovina in order to prevent history from repeating itself. It highlights that firm action must be taken to punish the perpetrators of genocide as soon as it is discovered and urges the establishment of a permanent international criminal court. Next it exposes the weaknesses of the ICTY in its inability to apprehend those that were indicted. Finally, it recommends measures that individual nations should implement at a domestic level.

The Russian Approach: The Fight Against Genocide, War Crimes, And Crimes Against Humanity, Sergey Lavrov

Fordham International Law Journal

Despite some ambiguous periods in Russia’s history, its record in affirming the foundations

of humanism in international relations is unquestionable. The new democratic Russia, which is

faithful to traditions of humanism and mercy, is making strong efforts to defend victims of genocide,

war crimes, and crimes against humanity. The experience of the international community

in combating genocide, war crimes, and crimes against humanity indicates that the fight against

these evils is bound with efforts to support international peace and security. Post-World War II

history indicates that it is the United Nations that is the central figure in the struggle for …

The Work Of Re-Membering: After Genocide And Mass Atrocity, Martha Minow

Fordham International Law Journal

First, this article explores the role of international criminal trails and truth commissions in resisting narratives of collective guilt and producing a different sort of collective memory, helping the society-and the watching world-not merely recall but also re-member, that is, to reconstitute a community of humanity against which there can be crimes (hence, "crimes against humanity"), and within which victims and survivors can be reclaimed as worthy members. Second, this article explores the role of nongovernmental organizations in building towards a politics of inclusion. Finally, this article explores the experience of survivors of mass atrocity reconciling memory with living.

Atrocities, Deterrence, And The Limits Of International Justice, David Wippman

Fordham International Law Journal

Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption. Actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence.

U.S.-Russian Mutual Legal Assistance Treaty: Is There A Way To Control Russian Organized Crime?, Eugene Solomonov

Fordham International Law Journal

This Comment analyzes U.S. and Russian bilateral cooperation in fighting organized crime and the difficulties associated with this fight. Part I of this Comment presents the historical development of Russian organized crime, its domestic effects, and its internationalization, particularly in the United States. Part I also highlights the Russian government's legislative attempts to combat organized crime. Finally, Part I examines examples of international bilateral cooperation, such as that between Israel and the United States, which can be emulated by the Russian and U.S. authorities. Part II analyzes the existing Mutual Legal Assistance Agreement (“MLAA”) between the United States and the …

From Nuremberg To Rome And Beyond: The Fight Against Genocide, War Crimes, And Crimes Against Humanity, Dieter Kastrup

Fordham International Law Journal

More than 200 years ago in his work "Perpetual Peace,"' Immanuel Kant called for peace and human rights to be protected under international law. Ever since, the United Nations, which was founded in 1945 as part of the worldwide fight against tyranny and heinous crimes, has been considering the idea of setting up a permanent International Criminal Court (or "Court"). Already in 1948, the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948 ("Convention") demanded the creation of an international tribunal. In 1993 and 1994, the Security Council of the United Nations established the …

The Role Of The Icty In The Development Of International Criminal Adjudication, Ivan Simonovic

Fordham International Law Journal

This Essay examines the specific conditions and motives that led to the establishment of the International Criminal Tribunal for the Former Yugoslavia (‘Tribunal‘ or ‘ICTY‘), its features as both a legal and a political institution, and the role of the ICTY in the development of international criminal adjudication. First, this article discusses the establishment of the ICTY. Second, this article discusses the role of the ICTY as a political and legal institution. Third, this article explores the role of the ICTY in the development of international criminal adjudication. Finally, this article evaluates the results of the ICTY to date.