International Law Commons^™

Masthead, Volume 35 Issue 3 (2003)

Case Western Reserve Journal of International Law

No abstract provided.

International Arbitrage Of Controversial Medical Technologies: An Introduction, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

Volume 35 Issue 3 (2003), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.

Pfizer's Epidemic: A Need For International Regulation Of Human Experimentation In Developing Countries, David M. Carr

Case Western Reserve Journal of International Law

No abstract provided.

Thwarting Ideological Terrorism: Are We Brave Enough To Maintain Civil Liberties In The Face Of Terrorist Induced Trauma, Kelly R. Cusick

Case Western Reserve Journal of International Law

No abstract provided.

Extraterritorial Implications Of The Digital Millennium Copyright Act, Adam D. Fuller

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 35 Issue 1 (2003)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 35 Issue 1 (2003), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

The Role Of Justice In Building Peace: Foreword, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement, Paul R. Williams, Patricia Taft

Case Western Reserve Journal of International Law

No abstract provided.

Robert H. Jackson And The Triumph Of Justice At Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Personal Reflections On Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

The Least Dangerous Branch: Six Letters From Publius To Cato In Support Of The International Criminal Court, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Case Western Reserve Journal of International Law

No abstract provided.

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental norms are observed because they are norms about how people respect each other and the natural systems that sustain human communities. Environmental norms are basic to human well-being. They arise out of the human condition, not unlike human rights laws. Environmental norms emerge from the fact that humans exist within ecosystems, and human society is embedded in the natural systems in which they have evolved; environmental norms are grounded in an objective reality, and scientists can measure the consequences of observing--or failing to observe--those norms. The provisions of environmental norms, therefore, exist not merely as pronouncements of governments, applied …

Strengthening Available Evidence-Gathering Tools In The Fight Against Internatoinal Money Laundering, W. Clifton Holmes

Northwestern Journal of International Law & Business

Congress responded rapidly to the terror attacks, passing the U.S.A. Patriot Act ("Patriot Act") in October 2001. In addition to providing the death penalty for the "attempted wrecking of a mass transportation vehicle," the Patriot Act contains several anti-money laundering provisions. This article will argue that the Patriot Act's anti-money laundering scope was excessively narrow in that the Act did not address existing inadequacies under federal law in the area of grand jury investigations of transnational money laundering offenses. In order to enhance the efficacy of such investigations, Congress should take three steps: first, Congress should confer to federal courts …

The International Human Rights Status Of Elderly Persons, Diego Rodriguez-Pinzón, Claudia Martin

American University International Law Review

No abstract provided.

Imputing Human Rights Obligations On Multinational Corporations: The Ninth Circuit Strikes Again In Judicial Activism, Tawny Aine Bridgeford

American University International Law Review

No abstract provided.

Where Does Inequality Come From? An Analysis Of The Korea-United States Status Of Forces Agreement, Youngjin Jung, Jun-Shik Hwang

American University International Law Review

No abstract provided.

Poverty Reduction, Trade, And Rights, Chantal Thomas

American University International Law Review

No abstract provided.

Out Of The Crooked Timber Of Humanity: The Conflict Between South Africa's Truth And Reconciliation Commission And International Human Rights Norms Regarding Effective Remedies, Sherrie L. Russell-Brown

UC Law SF International Law Review

Judicial review in the United States is a strong and effective remedy. However, it is a limited remedy because the courts act only when asked and because courts have developed an entire jurisprudence of reasons why they cannot hear cases. For past violations there is no constitutional remedy; and there is no constitutional obligation upon Congress, or upon the States, to provide remedies, or to compensate victims for violations of their rights.

In contrast to the U.S. Constitution, various comprehensive human rights and regional human rights treaties explicitly include, in some form, the right to a remedy for violations of …

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften

UC Law SF International Law Review

An analysis of the Japanese military and its relationship with the United States military necessarily involves an analysis of historical events, legal issues and international law. Specifically, it involves a detailed examination of the United States' post-war occupation of Japan and the new U.S.-drafted Japanese constitution that followed; of the intricacies of that constitution, including its renunciation of the right to belligerency or to maintenance of armed forces; of internal and external pressures to amend or reinterpret that constitution; of practical realities such as diplomacy, self defense and economic growth; of the legitimacy of a document called a constitution, for …

The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist

UC Law SF International Law Review

The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and …

Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown

UC Law SF International Law Review

Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …

Reining In The American Litigator: The New Role Of American Judges, Richard L. Marcus

UC Law SF International Law Review

The American lawyer has long seemed unique in the world-almost a cowboy figure doing justice against the odds. The American judge, on the other hand, has remained a background figure, rarely taking the initiative and serving instead as a passive, impartial umpire in the contest of the lawyers. During the last half-century, however, the latitude accorded the American lawyer has increasingly been reined in by American judges. Although there has been resistance to this trend, it shows no signs of abating. This paper begins with a very general sketch of the role of attorneys in U.S. society and government, and …

Roles Of Judges And Attorneys Under The Non-Sanction Scheme In Japanese Civil Procedure, Koichi Miki

UC Law SF International Law Review

In many jurisdictions, the roles of judges and attorneys in modern civil procedure are becoming multi-faceted and, accordingly, more and more complex. This paper outlines the Japanese situation, focusing on the most recent reform of the Japanese Code of Civil Procedure (the New Code), which occurred in 1996. The reform introduced several innovative devices, none of which contained sanction provisions for implementation or enforcement of their legal effect. The inclination towards non-sanction schemes of this kind reflects the recent trend in reforms. The non-sanction scheme inevitably has an influence on the roles of judges and attorneys. Therefore, it is necessary …

The Multiple Roles Of Judges And Attorneys In Modern Civil Litigation, Astrid Stadler

UC Law SF International Law Review

In contrast to the U.S. adversary system, the great influence of the judge on the conduct of litigation in continental Europe, especially in Germany, is based upon a different understanding of the relationship between the state and its citizens. Based upon historical experience, especially under German law, judges have great constitutionally-based independence. The German Civil Procedure Rules Act had as its goals the reform of the German civil procedure remedy system, the development of a more consumer-friendly, efficient and transparent civil procedure, the encouragement of faster trials and the increase of court-directed settlements. It is still too early for a …

Justice For Some - U.S. Efforts Under Article 98 To Escape The Jurisdiction Of The International Criminal Court, Cosmos Eubany

UC Law SF International Law Review

In April 2002, ten countries ratified the Rome Statute and deposited their instruments with the United Nations. These actions brought the International Criminal Court into force with over sixty ratifications. A month later, the United States declared that it no longer intended to pursue ratification of the treaty and asked to remove its signature from the statute. The United States then launched a campaign to ensure that its nationals would not fall within the jurisdiction of the Court. To ensure that the ICC does not gain jurisdiction over its nationals under any circumstance, the United States is currently seeking "non-surrender" …

Compliance With Icj Provisional Measure And The Meaning Of Review And Reconsideration Under The Vienna Convention On Consular Relations: Avena And Other Mexican Nationals (Mex. V. U.S.), Linda E. Carter

Michigan Journal of International Law

Many aspects of the Avena case could lead to significant developments, there are two that will be addressed in this essay. The first issue has an immediate impact on the pending executions. What must the United States do to comply with the provisional measures order? What are "all measures necessary"? The second issue will have an impact in later litigation in the cases of the fifty-two Mexican defendants named in Avena and on other future defendants. What must the United States do to provide "review and reconsideration of the conviction and sentence by taking account of the violation of the …