International Law Commons^™

A Winning Hand: A Proposal For An International Regulatory Schema With Respect To The Growing Online Gambling Dilemma In The United States, John D. Andrle

Vanderbilt Journal of Transnational Law

While a multitude of Internet enterprises folded in the 1990s, online gambling websites not only have held strong, but appear to be ready to increase the stakes. No business relating to the Internet currently generates more revenue than online gambling, and that trend does not look like it will change soon. While many Americans desire to participate in this form of cyber-gambling, the current legality of their ability to do so remains vague. For the most part, an American's ability to gamble currently resides under the purview of state law and a hodgepodge of antiquated federal wire acts. The nature …

Cuban Exceptionalism : Migration And Asylum In Spain And The United States, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Justice For Iraq, Justice For All, Michael J. Frank

Oklahoma Law Review

No abstract provided.

Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner

NYLS Law Review

No abstract provided.

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.

The Caspian Dispute: Is A Doctrinal Analysis Too Late Or Can We Turn Back The Hands Of Time, Houman Afshar

NYLS Law Review

No abstract provided.

The Bitter With The Sweet: The Impact Of The World Trade Organization’S Settlement Of The Banana Trade Dispute On The Human Rights Of Ecuadorian Banana Workers, Maxmillian Finley

NYLS Law Review

No abstract provided.

Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook

University of Michigan Journal of Law Reform

This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …

Extracting Oil From Turmoil: The Iraqi Oil Industry And Its Role As A Promising Future Player In The Global Energy Market, Ryan Frei

Richmond Journal of Global Law & Business

No abstract provided.

Domestic And External Debt: The Doomed Quest For Equal Treatment, Anna Gelpern, Brad Setser

Georgetown Law Faculty Publications and Other Works

Until recently, governments borrowed from domestic residents and foreign investors using very different instruments. Residents bought "domestic debt" - paper denominated in local currency and governed by domestic law. Foreign investors preferred "external debt", which offered foreign currency and foreign law. Because there was virtually no overlap between resident and nonresident holdings, it mattered little that lawyers and economists defined domestic and external debt differently: lawyers focused on features such as governing law and jurisdiction, economists on the holder's residence and currency of denomination. The legal and economic definitions of domestic and external debt were effectively bundled: "domestic debt" meant …

Modernizing Muslim Family Law: The Case Of Egypt, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The Author discusses the dynamics of family law reforms in modern Egypt as an instance of similar dynamics of reforms in other Muslim countries. The forces that push for reforms as well as those that try to limit them are also introduced. The Author begins by describing the historical legal background shared by the vast majority of Muslim countries, including Egypt. An account of the general evolution of Islamic law-from a dominant system existing within an Islamic state to a subordinate system existing within an overall secularized legal system characterized by legal borrowing from European codes-is given. Islamic law has …

The Politics Of (Mis)Recognition: Islamic Law Pedagogy In American Academia, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The combination of presence (of Islamic law) and absence (of legal transplant) in the course materials assigned by Islamic law instructors, the scholarship on law in the Islamic world by Islamic law scholars as well as by Comparatists, betrays an ideological project. I would describe it as an identitarian one with an underlying teleological notion of history. By identitarian I mean the positing of a common identity shared by all "Muslims" based on their religio/legal beliefs, a project that to my mind recalls what I called earlier the "fantasy effect." "[F]antasy is the means by which real relations of identity …

The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable

Georgetown Law Faculty Publications and Other Works

This Article examines the human rights of persons with mental disabilities and the application and development of these rights by the various international and regional systems that have been established to protect human rights. An international system of human rights with universal application has been developed under the auspices of the United Nations. Regional human rights systems have applied additional human rights protections to their respective geographic regions. Both the international and regional systems have addressed the human rights of persons with mental disabilities through treaties, declarations, and thematic resolutions. Moreover, regional institutions have incrementally formulated a body of law …

Folktales Of International Justice, David Luban

Georgetown Law Faculty Publications and Other Works

When Laura Dickinson asked me to participate on this panel, she very nicely said that she hoped I could bring a different perspective to the discussion. I thought I knew what she meant. The other panelists share a profound knowledge of how international criminal-law institutions work. My "different perspective" would therefore be the perspective of abject ignorance.

Taking comfort from the Socratic dictum that there is wisdom in knowing what you do not know, I accepted the invitation because it gives me the opportunity to pose questions rather than proposing answers. I will raise my questions by examining some stories …

Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

An-Na'im as I read him is postulating a process theory when it comes to the relationship of Islamic law to international law. He is advocating a bargaining relationship in which the Islamic side and the international side meet as equals in negotiating their contributions to the universal international. This process-based equality can only be achieved if, first, the international eschews its We sternness and the Islamic retains its internal sense of diversity, indeed secularism. The international abandons its Westernness when it abandons its pre-World War II impulse to colonize, imperialize, and hegemonize, acts which at heart render equality in the …

Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen

Fordham International Law Journal

Events since Arthur Helton's death - including the change in leadership of the Palestinian Authority and the Israeli proposal for disengagement from Gaza make it even timelier to examine some "practical solutions." For improving Palestinian lives in the short term, much can be learned from the approaches taken in other refugee situations. This Article begins with background information on Palestinian refugees in Gaza. It then discusses Israeli plans for disengagement from Gaza. In the following section, the Article reviews options for addressing the problems faced by Palestinian refugees in Gaza, utilizing the broader literature devoted to the integration of refugees …

Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm

Fordham International Law Journal

The central theme of this Essay is that both individuals in need of protection and governments obliged to grant protection to those in need generally hold the eventual return of citizens to their countries of origin to be the ideal scenario. However, this ideal cannot always come to fruition -- not only due to circumstances in the country of origin, but also as an unintended consequence of policy decisions taken by governments concerning the protection of refugees (or indeed internally displaced persons ("IDPs")) and the reactions of individuals to the outcomes of those policy decisions. Return, it will be suggested, …

Homeless For Generations: Land Rights For The Chocoe Indians From Mogue, Panama, David E. Cahn

Fordham International Law Journal

Vaporiso knew that the lack of land ownership in his tribe was a great part of the Chocoes' suffering, and he felt that violence was the only way to rectify the problem. Agenda 21 requires member State governments to strengthen national dispute-resolution arrangements in relation to the settlement of land and resource-management concerns. Convention No. 169, which became legally binding on member States in 1991, provides indigenous people with the right to decide how they wish to develop the lands they occupy and use, and set their own priorities for those lands. Convention No. 169 also provides protection from people …

The Efta Court: An Actor In The European Judicial Dialogue, Carl Baudenbacher

Fordham International Law Journal

The vertical dialogue with the national courts of the EEA/EFTA States, in particular the Supreme Courts, has assisted the EFTA Court in developing its case law concerning effect and State liability. Through this jurisprudence, EEA homogeneity in the field of effect and State liability has been maintained. The EEA Main Agreement has been implemented in the domestic legal orders of the EFTA States. EEA secondary law is being implemented in an ongoing process. The same holds true for the rulings of the EFTA Court. There has, to this writer's knowledge, never been a case in which a national court refused …

Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly

Fordham International Law Journal

As the U.S. government's reach and responsibilities expand, it remains unclear exactly what, if any, input the general populations of Afghanistan, Iraq, or the United States have on government actions. The environmental needs of the two States have concerned the world enough that the United Nations Environment Program ("UNEP") has published a detailed post-conflict report on Afghanistan ("Afghanistan PCA") and a "Desk Study" of the environment in Iraq ("Iraq Desk Study"). There are four basic ways that citizens can attempt either to enjoin U.S. government environmental action abroad or compel the government to adhere to established regulations and agreements: (1) …

The Augustinian Just War Tradition And The Problem Of Pretext In Humanitarian Intervention, Thomas H. Lee

Fordham International Law Journal

I will try to show how the present laws of war might be viewed as consistent with the Augustinian just war tradition. The modern international legal regime, codified in the Charter of the United Nations ("U.N. Charter"), permits States to engage in war only in "individual or collective self-defense if an armed attack occurs against a Member of the United Nations;" or pursuant to a determination by the U.N. Security Council of "existence of any threat to the peace, breach of the peace, or act of aggression," and Security Council authorization of the use of force "to maintain or restore …

War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs

Fordham International Law Journal

Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

The Fraying Shoestring: Rethinking Hybrid War Crimes Tribunals, James Cockayne

Fordham International Law Journal

This Article looks in detail at whether the Special Court is, at present, succeeding or failing, drawing lessons along the way both for the system of international criminal justice generally, and more specifically for U.N. enforcement of the law of war. In Section II, this Article suggests a method for measuring success and failure in an international criminal tribunal. It suggests that there are a number of identifiable performance standards which should guide our assessment, each linked to a stakeholder group: the international community, the affected population, and the defendants. In Sections III-V, this Article assesses the Special Court's early …

The European Convention On Human Rights And Counter-Terrorism, John Hedigan

Fordham International Law Journal

No part of the world has more experience with terrorism than Europe. The response of the Council of Europe through the jurisprudence of the European Court of Human Rights to its experience of terrorism may therefore assist in the ongoing battle against terrorism. The European Convention reflects in many ways libertarian political and cultural values shared with the United States. Its interpretation by the Court in the light of counter-terrorist measures by concerned governments may therefore have some relevance in the United States.

Argentina's Reparations Bonds: An Analysis Of Continuing Obligations, Christina M. Wilson

Fordham International Law Journal

This Note will address the various avenues along which the reparation recipients might pursue the vindication of their right to reparations. Part I will provide background information on the Dirty War, reconciliation process, reparation laws and the economic events that resulted in Argentina's sovereign debt crisis. Part I will also describe the various sources of law both domestic and international upholding the right to reparations. Part II will explore the various cases that have interpreted this right and the implications they have on the reparation recipients' possible remedies. Part III will analyze which of these remedies seems most likely to …

Article 82: Remedies In Search Of Theories?, Ian S. Forrester

Fordham International Law Journal

I submit that over the last two or three years, we may observe troubling signs that Article 82 of the EC Treaty is being used more as an adjunct to industrial policy than as a pure competition law tool. This is especially evident in refusal to deal cases. The intervention of antitrust in a situation of refusal to deal is a critical pointer of how an antitrust enforcer perceives itself and of what kind of competition law is in force. At a time when ten new agencies have joined the family, it is especially desirable to approach controversies in a …

The Treaty Establishing A Constitution For Europe, Jeremy Lever

Fordham International Law Journal

This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the …

Introduction & Dedication, Gil Loescher

Fordham International Law Journal

This issue is dedicated to Arthur, and the Articles that appear within reflect his broad interests and concerns regarding human rights, refugees, and international law. During his last year at the Council on Foreign Relations, Arthur turned his attention to the Palestinian refugee issue and wrote an Essay on practical solutions to the Palestinian refugee question. That Essay appears within these pages. Arthur reviews the past experience with durable solutions--repatriation, resettlement, and local integration--for other protracted refugee situations as well as lessons from past compensation arrangements and their applicability to the Palestinian situation. He concludes by arguing that Palestinian refugees …

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …