International Law Commons^™

Why America Should Ratify The Women's Rights Treaty (Cedaw), Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.

Sexual Violence And Peremptory Norms: The Legal Value Of Rape, Patricia Viseur Sellers

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 34 Issue 3 (2002)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 34 Issue 3 (2002), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …

Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental management has emerged as an important element of governance in practically every nation. This was not the case before the United Nations convened the 1972 Conference on the Human Environment in Stockholm. After Stockholm, nations learned to build environmental ministries and work across sectors nationally, and discovered how difficult it is to reshape entrenched national practices in order to curb pollution and conserve natural resources. With growing experience and knowledge, nations came to realize that no one government alone could safeguard the environment, and that international cooperation would need to be enhanced.

Principles For Collective Humanitarian Intervention To Succor Other Countries' Imperiled Indigenous Nationals, George K. Walker

American University International Law Review

No abstract provided.

Unjust Order: Malaysia's Internal Security Act, Nicole Fritz, Martin Flaherty

Fordham International Law Journal

This Report represents the culmination of a year-long project undertaken by the Crowley Program to update the study of the use and impact of the Internal Security Act (ISA) in Malaysia in light of international law obligations. We reference first those international commitments that Malaysia has expressly adopted. However, these are very few--reflecting the antipathy felt by the Malaysian government for international obligations of this sort. Additionally, we have made reference to the generally-accepted international law provisions applicable in this context--intended both to demonstrate the extent to which the ISA deviates from widely-upheld international norms, even if those norms are …

Extradition And The Conflict In Northern Ireland: The Past, Present And Future Of An Intractable Problem, Margaret I. Branick

UC Law SF International Law Review

British government efforts to extradite members of the Provisional Irish Republican Army (IRA) from the United States have posed challenges to U.S. extradition policy since the 1970s. Under extradition law, "political offenses" traditionally are treated as non-extraditable offenses. Use of the political offense exception to deny extradition of IRA fugitives from the United States prompted the United Kingdom and the United States to sign a Supplementary Treaty in 1985, which eliminated the political offense exception for broad categories of violent acts.

This Note briefly reviews the background of the conflict in Northern Ireland, and discusses extradition law and the political …

Electronic Signatures: A Comparison Of American And European Legislation, Lance C. Ching

UC Law SF International Law Review

The federal Electronic Signatures in Global and National Commerce Act, effective on October 1, 2000, established that a signature, contract, or record related to an interstate or foreign transaction cannot be denied legal effect simply because it is in electronic form, subject to certain exceptions. For much the same purpose, the European Parliament and Council adopted the Directive on a Community Framework for Electronic Signatures in December 1999.

This Note discusses the approaches taken by the United States and the European Union toward establishing the validity of electronic signatures. It provides a brief overview of the history of electronic commerce …

Identifying Terrorists: Privacy Rights In The United States And The United Kingdom, Joyce W. Luk

UC Law SF International Law Review

While the privacy concerns raised by technological advances are widely recognized, recent terrorist attacks and developments in surveillance and information technologies have led to a convergence of technologies that present new challenges to the right to privacy.

This Note gives a general background on video surveillance and facial recognition software and discusses the technology behind, and uses of, closed circuit television in the United States and elsewhere. The Note also explores the meaning of privacy, privacy rights, and their applicability to facial recognition technology, video surveillance, and other emerging surveillance technologies in the United States. It discusses privacy rights and …

Sovereignty, Influence, Realpolitik And The World Trade Organization, Matthew Schaefer

UC Law SF International Law Review

During the U.S. governmental consideration of the Uruguay Round agreements creating the World Trade Organization ("WTO"), claims of "lost sovereignty" were used as a rhetorical device by numerous groups opposed to the WTO. The primary users of the rhetoric were supporters of a more protectionist trade policy, most prominently Pat Buchanan and environmental activists associated with Lori Wallach. However, the ease with which the legalistic response debunked the claim of lost sovereignty and the selective application of sovereignty rhetoric by these groups suggested that their actual concerns did not match the rhetoric. Instead, the underlying concern appears to be over …

Relative Sovereignty Of The Twenty First Century, Ivan Simonovic

UC Law SF International Law Review

The quality of state sovereignty in the contemporary world, both in internal and external relations, has fundamentally changed. Sovereignty of the state in international relations is changing from a system of international relations based on concentration of power in states alone into a system of power-sharing and balance between state and non-state actors. The principle of noninterference in the "internal affairs of a state" is being challenged by the international community's belief in its "responsibility to protect" the world's citizens from persecution, large-scale human rights abuses, and other sufferings. However rational, the process of increasing power-sharing between states, international organizations, …

International Law And The Internet: An Ill-Suited Match - Case Note On Uejf & Licra V. Yahoo! Inc., Caitlin T. Murphy

UC Law SF International Law Review

Internet users, legal scholars, and international observers have been predicting a clash over ideas on the Internet for quite some time. The truly global nature of the medium, the uncertain status of Internet jurisdiction, and the fact that international laws about speech are divergent have created a sense that a collision of ideology and practical legal concerns was imminent. These predictions were realized in May, 2000 when various human rights groups in France filed suit against the American internet giant Yahoo! Inc. over the posting and selling of Nazi paraphernalia on American Web sites that French users can access. This …

Nobody's Perfect: Proximate Cause In American And Jewish Law, Steven F. Friedell

UC Law SF International Law Review

Although it may seem counterintuitive, wrongdoers are not liable for most of the damage they cause. The law leaves most of the burden of torts on the victims because it would be neither just nor practical to hold culpable defendants liable for all the harm they cause. The difficult task for any legal system is to define the criteria that determine the limits of liability and to prescribe the procedures for applying those criteria.

This Article will explore the problem in both the American and Jewish legal systems and suggest ways in which the American system can be reformed. First, …

The Sovereignty Continuum And Conflict Resolution, Dennis Cusack

UC Law SF International Law Review

The history of Tibet's relations with China is itself an interesting study in notions of sovereignty, autonomy and "suzerainty," the label the British gave to their view of Tibet's status at the turn of the last century. Under the 1988 Strasbourg Proposal, the Dalai Lama offered to negotiate a status for Tibet under which Tibet would surrender its right to formal sovereignty, defer to China on matters of foreign relations and defense, but retain control over all domestic matters. This article offers examples and patterns of cases in which conflicts over sovereignty have been successfully resolved through non-violent conflict resolution.

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles

In this Note, I explore the potential impact of LaGrand upon domestic American criminal jurisprudence with an eye toward what the case demonstrates for America as a member of international institutions more generally. In Part I, I describe the central holdings of the ICJ in LaGrand, noting how dramatically LaGrand departs from what American courts have previously interpreted the VCCR to require. Having demonstrated the enormity of LaGrand's procedural implications, I examine early cases after LaGrand and what they suggest about the American judicial response to the ICJ decision in Part II. I argue that American courts err to the …

The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson

Animal Law Review

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.

U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Sorting Out The Debate Over Customary International Law, Ernest A. Young

Faculty Scholarship

No abstract provided.

Regulating Financial Services In Europe: A New Approach, John F. Mogg

Fordham International Law Journal

In March 2000, European leaders met in Lisbon, Portugal, to consider the state of the European economy. While there had been economic growth in Europe in the 1990s, it had been consistently lower than that of the European Union's (“EU” or “Union”) main competitors, with unemployment levels remaining stubbornly high. Determined to blaze a new course in Europe, Heads of State and Government announced that “the Union has [today] set itself a new strategic goal for the next decade: to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable growth with more and better jobs …

The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis

Fordham International Law Journal

Part I of this Note summarizes the background leading up to the signing of the Oslo Accords. Part II details the overall structure and responsibilities laid out in Oslo II, with specific emphasis on the legal. Also, Part II presents for comparison the semi-autonomy arrangement devised and implemented in the Transkei of South Africa in the early 1960s. Part II concludes by examining the extent to which both of these arrangements were successful in satisfying the parties involved and makes some more general comparisons to similar reactions in Northern Ireland following the Good Friday Agreement. Part III attempts to draw …

When Cows Have Wings: An Analysis Of The Oecd's Tax Haven Work As It Relates To Globalization, Sovereignty And Privacy, 35 J. Marshall L. Rev. 163 (2002), Kimberly Carlson

UIC Law Review

No abstract provided.

The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf

Faculty Publications

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.

Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks

War Crimes Memoranda

No abstract provided.

Can Additional Protocols I & Ii Apply To The Same Conflict & To Different Parties Within That Conflict?, Ratna Kancherla

War Crimes Memoranda

No abstract provided.

Comparative Jurisprudence On Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions For The International Criminal Tribunal For Rwanda, The International Criminal Tribunal For Yugoslavia, England (And Wales), Scotland, South Africa, Australia, New Zealand, Canada, And The United States, Cwru Law

War Crimes Memoranda

No abstract provided.

Contempt Proceedings: Who Has The Onus For Investigating And Initiating The Charges Of Contempt – The Prosecutor, The Judge Or A Third Party?, Jennifer M. Wetmore

War Crimes Memoranda

No abstract provided.

Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg

War Crimes Memoranda

No abstract provided.