International Law Commons^™

Nationalizing International Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

International law scholars often assume that the best way to enforce human rights is by establishing strong international institutions that develop the law progressively and enforce it independently. Political realists counter that such institutions are only as useful as powerful states permit them to be, and discourage expansive visions of their mandate. Partisans of the recently created International Criminal Court (ICC) must come to terms with the realist challenge. They must work to adapt the institution accordingly, without abandoning hope for the project altogether. Although the ICC will be constrained by the state support it commands, it can make a …

The Writ Of Habeas Corpus And The Special Court For Sierra Leone: Addressing An Unforeseen Problem In The Establishment Of A Hybrid Court, Anthony O'Rourke

Journal Articles

No abstract provided.

Law, Politics, And Impeachment: The Impeachment Of Roh Moo-Hyun From A Comparative Constitutional Perspective , Youngjae Lee

Faculty Scholarship

In March 2004, the National Assembly of South Korea impeached President Roh Moo-hyun and brought about an immediate suspension of Roh's presidency. Two months later, the Constitutional Court of Korea restored the status quo by dismissing the impeachment and reinstating the President. This episode marks the first time in the history of modern constitutionalism that a president impeached by a legislative body has been reinstated by a judicial body. This Article focuses on one slice of this remarkable turn of events: its constitutional dimension from the perspective of comparative constitutional law. After explaining the Constitutional Court's decision, this Article discusses …

Self-Determination In International Mediation: Some Preliminary Reflections , Jacqueline Nolan-Haley

Faculty Scholarship

Few concepts have generated as much discussion in the post-war international legal system as that of “self-determination.” Scholars debate the proper identity of the "selves" endowed with this right, its boundaries, and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components, and is noticeably different in the private and public sectors. The generic concept of self-determination relates to ideas of democratic governance and the Enlightenment belief that legitimate government depends upon the consent of the governed. As adapted to private mediation theory, the right of …

Domestic And International Developments Relating To The Death Penalty: Introduction And Remarks, Sandra L. Babcock

Cornell Law Faculty Publications

In recent years, international law has played an increasingly prominent role in the development of death penalty jurisprudence in both domestic and international tribunals. In the United States, the citation of foreign jurisprudence by the Supreme Court in Roper v. Simmons and Atkins v. Virginia has generated an intense debate within the Court, Congress, and the media. In the Caribbean, decisions of the Judicial Committee of the Privy Council and the Inter-American Court on Human Rights have resulted in commutations of numerous death sentences. While abolitionists have celebrated these developments, the death penalty remains a popular sanction, and human rights …

Constitutionalizing Tobacco: The Ambivalence Of European Federalism, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

The Treaty Establishing the European Community announces in EC TREATY art. 5.1. the principle that the powers of the European Community are limited to those specifically conferred on it. However, experience and judicial interpretation have shown that, in practice, the allocation of power between the Community decision maker and Member States is neither clear nor immutable. In its Treaty Establishing a Constitution for Europe, the Community attempts to clarify the allocation of competences. Article III-278 of the Draft E.U. Constitution (Public Health Article) is a public health provision that expressly refers to the regulation of tobacco. To many, the Public …

Globalization In Art Law: Clash Of Interests And International Tendencies, Erik Jayme

Vanderbilt Journal of Transnational Law

In my view, it is important to articulate the different interests involved in international art cases. Globalization has added the interests of the global civil society to the traditional claims and counter claims of private parties and of states or nations. Thus, public access to art works has been fostered by anti-seizure statutes protecting international exhibitions. And, it is this line of tendencies and arguments which conceives of famous art works as treasures of mankind and which should prevail in the future.

Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Arbitrating Human Rights, Roger P. Alford

Journal Articles

The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor - the sovereign - is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, …

Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford

Faculty Scholarship

This Article details my disagreements with Professor Lynn LoPucki's article "Global and out of Control" (79 Am. Bankr. L.J. 79). Part I discusses universalism and territorialism, especially the modified version of universalism that I support. Part II examines the international venue provisions of the Model Law and the EU Regulation. Part III introduces the relevant venue shopping cases. Only two groups of cases are relevant for the purpose of this paper: the French and German subsidiaries of Daisytek and Eurofood (a subsidiary of Parmalat SpA, the Italian conglomerate). None of the other cases that Professor LoPucki discusses was subject to …

Symposium: Rethinking The Masculine Character Of The Legal Profession: A Case Study Of Female Legal Professionals And Their Gendered Life In Taiwan, Shu-Chin Grace Kuo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen

Vanderbilt Journal of Transnational Law

One of the constant elements of warfare is its degrading effects on the environment. Many writers blame this destruction of the environment on inadequate standards in the international law of environmental warfare. To remedy this shortfall, the international law of environmental warfare should be categorized as either passive or active environmental warfare. Active environmental warfare requires the intentional "use" of the environment as a weapon of waging armed conflict. Passive environmental warfare includes acts not specifically designed to "use" the environment for a particular military purpose but that have a degrading effect on the environment. Passive environmental warfare violates international …

Preventing Repeat Offenders: North Korea's Withdrawal And The Need For Revisions To The Nuclear Non-Proliferation Treaty, Raven Winters

Vanderbilt Journal of Transnational Law

The Nuclear Non-Proliferation Treaty (NPT) took effect on March 5, 1970, with the following purposes: to prevent the proliferation of nuclear arms, promote nuclear disarmament, and encourage the peaceful use of nuclear energy. Even though the NPT was initially intended as a temporary solution to the threat of nuclear weapons, in 1995 the parties to the NPT voted to extend it indefinitely. For the most part, the NPT has been successful in achieving its goals. Recent challenges to the NPT, however--namely North Korea's withdrawal from the NPT in January 2003--have revealed several weaknesses inherent in the NPT. To strengthen the …

Pluralism And Universalism In European Human Rights Law, Paolo G. Carozza

Journal Articles

No abstract provided.

Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel

Journal Articles

The conference on Reforming the United Nations: The use of force to safeguard international security and human rights, co-sponsored by Northwestern University School of Law and the Katholieke Universiteit Leuven Faculty of Law as their Fourth Annual Transatlantic Dialogue, was held in January 2005.

Its timing was propitious. It was held one month after publication of the report of the prestigious and geographically diverse High-Level Panel on Threats, Challenges, and Change, appointed by UN Secretary-General Kofi Annan. Among many other proposals to reform the UN, the High-Level Panel recommended expansion of the Security Council, new guidelines for use of force …

Balancing Security And Human Rights: Post 9/11 Reactions In United States And Europe, Chiara Giorgetti

Law Faculty Publications

The acts of 11 September 2001 demonstrated how vulnerable civilians are; in any part of the world, to terrorist attacks. This awareness led to a determined response by the international community to fight international terrorism iri all its forms. As governments and international organizations alike reevaluated the effectiveness and appropriateness of their counter-terrorist measures, the challenge emerged of conducting the fight against terrorism while respecting human rights and civil liberties. In fact, the wide consensus that actions are necessary to confront terrorism does not undermine the necessity to balance human rights considerations and preserve the democratic process.

As portrayed throughout …

The New Iraq: Resolving Public And Private Obligations Incurred Under Saddam Hussein's Rule In The Context Of International Arbitration, Darius Adam Marzec

Cardozo Journal of Conflict Resolution

Saddam Hussein's rule in Iraq collapsed on April 9, 2003, after an American-led coalition invasion. The coalition quickly deposed the Iraqi dictator and began the process of turning the nation away from authoritarian rule, murder, and death, to civility. While Saddam Hussein is gone, and no government-supported oppression of people exists, another form of tyranny persists: Iraq's modern economy is burdened with $383 billion in public debt and judgments. Adding insult to injury, after the coalition troops drove up to Baghdad through the desert, Iraq's banking system turned out to be insolvent.

To Judge Leviathan: Sovereign Credit Ratings, National Law, And The World Economy, Christopher Bruner, Rawi Abdelal

Scholarly Works

Recent decades have witnessed the remarkable rise of a kind of market authority almost as centralized as the state itself – two credit rating agencies, Moody’s and Standard & Poor’s. These agencies derive their influence from two sources. The first is the information content of their ratings. The second is both more profound and vastly more problematic: Ratings are incorporated into financial regulations in the United States and around the world. In this article we clarify the role of credit rating agencies in global capital markets, describe the host of problems that arise when their ratings are given the force …

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market. This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …

Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans

Articles, Book Chapters, & Popular Press

The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …

Designing Federalism In Burma, David C. Williams, Lian H. Sakhong

Books & Book Chapters by Maurer Faculty

This volume is designed to serve as a concise introduction to certain constitutional ideas that may be relevant to Burma. It contains three documents: one essay by Lian Sakhong, and two lectures that I delivered to the SCSC, over several days in November 2003 and August 2004. All three contain common themes. First, sometimes ideas can show us a way through problems that we had thought were impenetrable. Second, Burma’s problems have grown in part from some misunderstandings of certain ideas. In particular, many in Burma have imagined that governance can really occur only at the center: people look to …

Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Differing Conceptions Of Development And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law is the branch of international law that deals with the rights and duties of states and other actors in the development process. Its original content was premised on a particular generally accepted understanding of development. Under the pressure of the problems of development that arose during the 1970s and 1980s, this general agreement on the key issues in development disintegrated. As a consequence, the consensus on the content of international development law also began to break down.

Today, there are competing idealized views of development that shape the current debate about both development, and the content of …

Techniques Available To Incorporate Transnational Components Into Traditional Law School Courses: Integrated Sections; Experiential Learning; Dual J.D.S; Semester Abroad Programs; And Other Cooperative Agreements, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Status Of Detainees From The Iraq And Afghanistan Conflicts, Srividhya Ragavan, Michael S. Mireles

Faculty Scholarship

The paper is premised on the idea that the future course of international law will be impacted by the United States' ability to adhere to international treaties to which it is a signatory. Hence, the current administration bears a responsibility to avoid unwisely stretching, distorting, or avoiding the principles of international law for short-term gain in a manner that jeopardizes long-term sustainable policy. The United States should be wary of creating a dangerous precedent - not only for the world, but for itself. If the United States shirks from or misinterprets international legal principles, it leaves the forum open for …

Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Faculty Scholarship

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …

Direct Vs. Indirect Obligations Of Corporations Under International Law, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

International law today addresses the conduct of private corporations in a variety of areas. With very few exceptions, however, international law regulates corporate conduct indirectly--that is, by requiring states to enact and enforce regulations applicable to corporations and other non-state actors. Only a small number of international legal norms--primarily those relating to war crimes, crimes against humanity, and forced labor--apply directly to non-state actors. Scholars have argued forcefully that international law should move in the direction of directly imposing obligations on corporations. These arguments overlook important aspects of the problem. If international legal norms were extended to corporations and backed …

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Book Reviews

This book review summarizes and critiques A New World Order, offering both an internal critique of the argument's consistency as well as an outside critique of the argument from the standpoint of the value of democratic sovereignty. The review locates Slaughter's argument within the debate over international relations realism and idealism, and further locates it within a continuum of seven idealized positions in the debate between global governance and sovereignty, with pure sovereignty at one extreme and world government at the other, with the most relevant positions of democratic sovereignty and liberal internationalism located in the middle. The article concludes …