International Law Commons^™

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala

Osgoode Hall Law Journal

This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …

The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler

Graduate Program in International Studies Theses & Dissertations

This study focuses on transnational smuggling, and puts forth an analytical framework from the smugglers' perspective with respect to route selection, focusing primarily on aspects of economic, political, and human geography. It is predicated on three interconnected decision-making domains that constitute the smuggler's operational landscape, namely access, risk and connectivity, which interact to drive the smugglers' perceptions of route attractiveness. The first two domains operate reciprocally, primarily at the national level of analysis, and together both shape and are shaped by the third at the transnational level to form a feedback loop. With respect to connectivity, the convention of the …

Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts

Graduate Program in International Studies Theses & Dissertations

The 20th century brought the most horrific weapons and most devastating wars in the history of human civilization. It also gave us the most breathtaking discoveries and technological breakthroughs, including the opening up of outer space to human reach. The commercialization of outer space is one of the most significant developments of our time, giving us an opportunity to put the richness of this medium to the betterment of human conditions on Earth on an increasingly widening scale.

Technological advances have also made space more important militarily. A puzzle now is whether the commercialization of outer space facilitates international cooperation …

International Courts And Tribunals, Nancy Amoury Combs, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2003 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal and the Claims Resolution Tribunal. Other articles in this issue detail significant developments relating to the International Criminal Court, the International Criminal Tribunals for Rwanda and the former Yugoslavia, the proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems.

Global Law Teaching, Catherine Valcke

Journal of Legal Education

No abstract provided.

Globalizing Property: Incorporating Comparative And International Law Into First-Year Property Classes, M C. Mirow

Journal of Legal Education

No abstract provided.

Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel And India, Arunabha Bhoumik

ExpressO

This paper compares counter-terrorist policies in the United States, Israel and India through the lens of three models of counter-terrorist policies: the war model, the intelligence model, and the criminal justice model. After describing each model, the paper introduces different variables that are relevant in understanding a country’s counter-terrorist policies. Using these variables, the paper attempts to analyze and classify each country’s counter-terrorist policies.

Advancing Binational Cooperation In Transboundary Aquifer Management On The U.S. Mexico Border [Paper And Presentation], Stephen P. Mumme

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Steve Mumme, Colorado State University.

23 pages and 8 slides.

Contains footnotes.

Slides: Overview Of Groundwater Management Laws In The Western United States, Gary Bryner

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Gary Bryner, Natural Resources Law Center and Brigham Young University (see also Groundwater Law Sourcebook of the Western United States).

37 slides.

Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center

Groundwater in the West (Summer Conference, June 16-18)

Conference moderators and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., Douglas S. Kenney, Jim Martin and Kathryn M. Mutz.

The Colorado Law Natural Resources Law Center celebrated its 25th Annual Summer Conference by exploring one of the most important natural resources of the 21st century: groundwater. Titled "Groundwater in the West," the conference was held June 16-18 at the Fleming Law Building on the University of Colorado at Boulder campus. Participants discussed law, policy, and management of groundwater in the West. "As demands on surface water increase and drought seems more the norm than …

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

Jun. 4, 2004, Wbg, Striking A Better Balance, The Final Report Of The Extractive Industries Review, Wbg

IFC E&S Performance Standards

No abstract provided.

Universal Jurisdiction In Absentia, Ryan P. Rabinovitch

ExpressO

The issue of universal jurisdiction has become increasingly relevant in recent years as proceedings have been initiated in certain States against individuals such as Israeli Prime Minister Ariel Sharon and former United States Secretary of State Henry Kissinger. It remains unclear whether the concept of universal jurisdiction permits proceedings to be initiated against these individuals even though they are not present in the prosecuting State. This issue has received a great deal of media attention over the past year, in the wake of the Belgian Cour de Cassation’s ruling in September 2003 (overturning a decision by the Belgian Court of …

The Lessons Stem Cells Provide Vis-À-Vis Patents: Working Towards An International/Universal Patent Regime. , Charles F. Hall

ExpressO

Biotechnology research has much to promise human society. Beyond the obvious benefits of being able to clone rare animal species or potentially to revitalize extinct species , there are many practical applications that are beneficial to human society directly. Rare blood types might be created from specialized stem cells. The tragedies of Christopher Reeve and others like him who have suffered paralysis from spinal cord trauma may be reversible by using stem cells to replenish damaged and severed nerve cells in the spinal column. The dire shortage of organs for those needing transplants can be reduced by creating an organ …

Deconstructing Development, Ruth E. Gordon, Jon H. Sylvester

Working Paper Series

Whether it is being praised or excoriated, defended or condemned, the concept of development shapes and dominates our thinking about the Third World. Indeed development has evolved into an essentially incontestable paradigm with such a hold on our collective imaginations, that it is almost impossible to think around or beyond it. This article, however, interrogates development to its very core, demonstrating that although it is presented as something that is universal, natural and inevitable, in truth it is part of the Western political and cultural imagination. Moreover, the interlocking ideological assumptions that support this paradigm are inherently hierarchical and by …

Freedom Of Establishment Of Legal Persons Within The European Union: An Analysis Of The European Court Of Justice Decision In The Überseering Case, Nicole Rothe

American University Law Review

No abstract provided.

International Norms In Constitutional Law, Michael Wells

Scholarly Works

Whether the Supreme Court should look to international law in deciding constitutional issue depends largely on what is meant by "looking to" international law. Some international norms are legally binding on American courts, either because we have agreed to follow them by adopting treaties or because they form part of the federal common law. I certainly agree that the Supreme Court, like the rest of us, ought to obey these aspects of international law. But the role of international norms in American courts has recently attracted attention for a different reason. In Lawrence v. Texas the Supreme Court, overruling Bowers …

The Use Of International Sources In Constitutional Opinion, Daniel M. Bodansky

Scholarly Works

My argument for the use of international materials to interpret the Constitutional will proceed in four parts. First, I will argue that international law has a venerable history in constitutional interpretation. Second, I will argue that American courts and foreign courts are engaged in a common legal enterprise and could learn from one another. Third, I will argue that the text of certain constitutional provisions invites the use of international materials. Finally, I will argue that taking international opinion into account has strong pragmatic justifications.

Physicians For Human Rights V. Idf Commander In Gaza, Aharon Barak, Jacob Turkel, Dorit Beinisch

Translated Opinions

Facts: The petition was filed during combat operations against the terror infrastructure in the area of Rafah in the Gaza Strip. The petitioners sought various kinds of relief from the court. The issues raised by the petitioners were the supply of water, food, electricity and medical supplies, the evacuation of the wounded, the burial of the dead, an investigation into an incident in which a crowd was allegedly shelled, and a request that doctors should be allowed into the Gaza Strip in order to assess the medical needs in the area. The petition was heard within a very compressed timeframe, …

The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano

ExpressO

As tensions rise with the assassination of key Hamas figures, the situation in Israel and the Occupied Territories call out for committed, reasoned action. In the past, the peace process has consisted of half-hearted attempts to pacify both the Israeli and Palestinian populaces. This is exemplified by the recent Roadmap for peace, which was supported by the United States.

However, the lack of true dedication among the players has arguably resulted in crimes against humanity on both sides. The previous peace plans fail to recognize this, and have perpetuated the violence with cookie-cutter approaches that are not closely tailored to …

Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald

ExpressO

No abstract provided.

The Right To Family Life And Civil Marriage Under International Law And Its Implementation In The State Of Israel, Yuval Merin

ExpressO

The article deals with the protection of the right to family life under international law and its implementation in the State of Israel on three levels: protection of the family cell as a single unit; protection of the individuals comprising the family unit; and protection of the family in special circumstances (e.g., immigration rights).

The article begins by analyzing the characteristics of the right to family life and examining various definitions of the “family” under international and Israeli law. It also examines what it is that the right to family life encompasses and how it should be classified within the …

The Protection Of The Cultural Property In The Event Of An Armed Conflict Within The Case-Law Of The International Criminal Tribunal For The Former Yugoslavia, Theodor Meron

Protection of Cultural Property in the Event of Armed Conflict

UNESCO Symposium on the 50th Anniversary of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict

Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen

ExpressO

This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.

Book Review: Differential Treatment In International Environmental Law, Maxwell O. Chibundu

Faculty Scholarship

A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Foreword, Laurel S. Terry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu

San Diego International Law Journal

This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.

Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato

San Diego International Law Journal

This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …