International Law Commons^™

The Domestic Origins Of International Agreements, Rachel Brewster

Faculty Scholarship

This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …

Federalism And The Treaty Power, Curtis A. Bradley

Faculty Scholarship

in presentations for: Treaties in U.S. Law: New Debates on Old Ideas

The Development Of Human Rights In The United Kingdom, Lord Gordon Slynn

Fordham International Law Journal

There are two myths about the United Kingdom. The first is that we do not have a constitution and did not have any human rights law until very recently. The second myth, very much tied to the first, is that human rights is a new topic. I find that most law students seem to think that they alone have thought about fundamental human rights and that the rest of the world knows nothing about it. As with most myths, however, none of these is absolutely true.

The United Nations And The Law Of War: Power And Sensibility In International Law, Simon Chesterman

Fordham International Law Journal

This article serves as an introduction to the articles that follow, which examine questions of power and sensibility in four discrete ways. They look variously at the moral limits of international law, the extent to which power has been delegated to or asserted by the U.N. Security Council, the successes and failures of efforts at international criminal prosecution, and the challenge of applying the traditional laws of war in the context of a “Global War on Terror.” This introduction outlines the various contributions that follow and sketches out some potential implications.

Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier

Fordham International Law Journal

Although set against the background of investigations by the European Commission in proceedings for the application of the main competition rules of the EU, the discussion remains at the level of broad principles. The driving notion of this article is that the basis and ratio for judicial recognition of a privileged communications doctrine in EU law must be defined explicitly, and that this definition may have important consequences as to the scope and practical administrability of the doctrine. Part I explores the principal rationales usually claimed for the privilege: the utilitarian view and the rights-based approach. This discussion serves as …

The Judiciary, The State, And The Refugee: The Evolution Of Judicial Protection In Asylum – A U.K. Perspective, Geoffrey Care

Fordham International Law Journal

I will look at how the United Kingdom has attempted to handle its own obligations under the Refugee Convention of 1951 - and the European Convention on Human Rights - under the pressures of the increased numbers of those arriving in the country and claiming protection. I propose to survey the development of the system over the years, and in what seems to be a crisis management manner, the role played by the judiciary, and the overall effect on the refugee and how he or she establishes the claim. I will draw attention to some of the cases, particularly in …

International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee

Faculty Scholarship

Although sovereign equality - the norm that all sovereign states are entitled to the same bundle of rights on the international plane - has long been a central norm of international law, its retention in the realm of preemptive war is fairly to be questioned when one sovereign state possesses overwhelming military power. In this Article, Professor Lee examines the historical and normative foundations of sovereign equality, finds them wanting under the condition of a militarily supreme republican state, but defends the norm on the pragmatic ground of what is best for the supreme state to defend itself against covert, …

Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald

UIC Law Review

No abstract provided.

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick

War Crimes Memoranda

No abstract provided.

Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz

War Crimes Memoranda

No abstract provided.

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.

Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler

War Crimes Memoranda

No abstract provided.

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.

Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu

War Crimes Memoranda

No abstract provided.

Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen

War Crimes Memoranda

No abstract provided.

Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic

War Crimes Memoranda

No abstract provided.

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin

War Crimes Memoranda

No abstract provided.

The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak

War Crimes Memoranda

No abstract provided.

The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton

War Crimes Memoranda

No abstract provided.

To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec

War Crimes Memoranda

No abstract provided.

Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni

War Crimes Memoranda

No abstract provided.

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin

University of Miami Inter-American Law Review

No abstract provided.

Comments On Forum Non Conveniens Issues In International Cases, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

European National Ip Laws Under The Eu Umbrella: From National To European Community Ip Law, Jean-Luc Piotraut

Loyola University Chicago International Law Review

No abstract provided.

Conventional Wisdom, De-Emption And Uncooperative Federalism In International Environmental Agreements, Kirk W. Junker

Loyola University Chicago International Law Review

What powers do the several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the powers that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept of "deemption." The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives …