International Law Commons^™

Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt

Case Western Reserve Journal of International Law

No abstract provided.

The White House Torture Memoranda, White House

Case Western Reserve Journal of International Law

No abstract provided.

Rebuilding Nation Building: An Introduction, Hiram Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

Federalism, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.

On The Specificity Of Middle Eastern Constitutionalism, Chibli Mallat

Case Western Reserve Journal of International Law

No abstract provided.

The Imf's Role In A Post-Conflict Situation, Sean Hagan

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 38 Issue 1 (2006)

Case Western Reserve Journal of International Law

No abstract provided.

Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Are Civilian Informants From Al Dujayl Liable Before The Iht?, Kevin Pendergast

War Crimes Memoranda

No abstract provided.

Argentina: Social Rights, Thorny Country: Judicial Review Of Economic Policies Sponsored By The Ifis , Horacio Javier Etchichury

American University International Law Review

No abstract provided.

Headscarf Stories, Ian Ward

UC Law SF International Law Review

The seemingly intractable issue of headscarves - when they can be worn, and when they cannot - is currently contested in much of Europe. The apparent intractability is a common experience. The purpose of this article is to present three headscarf 'stories,' and in so doing, stress the narrative nature of this intensely moral and political, as well as legal, controversy. Narrativity, it will be suggested, offers a far more effective means of approaching this kind of issue and its inevitable indeterminacies than the simple recourse to blunt legal instrumentation. While the law must, it seems, play a role in …

Majority And Dissent In Intel: Approaches To Limiting International Judicial Assistance, E. Morgan Boeing

UC Law SF International Law Review

No abstract provided.

International Criminal Law: Towards New Solutions In The Fight Against Illegal Arms Brokers, Katharine Orlovsky

UC Law SF International Law Review

In many recent and ongoing civil and international armed conflicts, arms brokers have violated United Nations embargos to deliver arms to known human rights violators in conflict zones. This illegal arms traffic significantly contributes to the commission of atrocities. However, arms brokers, who are uniquely difficult to both regulate and prosecute, continue to enjoy broad impunity under existing international and domestic law. International criminal law has developed legal theories and institutions to address impunity in situations of mass conflict. This note examines the feasibility of prosecuting arms brokers under international criminal law, and whether this growing area of law may …

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang

Michigan Journal of International Law

This Article approaches the issues through the lens of two general questions. First, what are the functions of treaty enforcement and institutional deterrent sanctions? Second, what are the obstacles to the effective deployment of institutional deterrent sanctions in response to noncompliance? This Article elaborates on the instrumental purposes of enforcement as well as its independent normative function. Much of the analysis follows the recent stream of works that combines both international law and international relations theory. These works offer a rich understanding of the conduct of states and the functioning of international legal regimes.

Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Globalization And The Construction Of Universal Human Rights, Eric K. Leonard

Human Rights & Human Welfare

A review of:

The History of Human Rights: From Ancient Times to the Globalization Era by Micheline R. Ishay. Berkeley: University of California Press, 2004.

and

Constructing Human Rights in the Age of Globalization edited by Mahmood Monshipouri, Neil Englehart, Andrew J. Nathan and Kavita Philip. Armonk, N.Y.: M.E. Sharpe, Inc., 2003.

An Environmental Pool For The Rio Grande, Kara Gillon

Publications

The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.

The Territorial Temptation: A Siren Song At Sea, Bernard H. Oxman

Articles

No abstract provided.

Universal Rights And Wrongs, Michael E. Tigar

Faculty Scholarship

No abstract provided.

When Are Agreements Enforceable? Giving Consideration To Professor Barnett's Consent Theory Of Contract, James Maxeiner

All Faculty Scholarship

This address considers five points: (1) the place of theory in American contract law; (2) the basic elements of Professor Barnett's theory are; (3) how these elements are similar to Continental law; (4) what it says about the American legal world that Barnett's theory has been discussed without reference to Continental systems; and, finally, (5) why I believe the American model is not a good one for a future European Civil Code but also hope that such a Code will become law.

Why States Create International Tribunals: A Theory Of Constrained Independence, Laurence R. Helfer

Faculty Scholarship

Over the last fifteen years, states have created more independent international tribunals, submitted themselves to the jurisdiction of such tribunals, and litigated disputes before such tribunals in increasing numbers. These developments appear to be inconsistent with principal-agent theory, which asserts states are rational actors jealous of their sovereignty and dubious of delegating authority to international institutions they cannot tightly control. However, such delegations of judicial authority actually serve state interests by enhancing credibility of international law commitments in specific multilateral settings. Having established such tribunals, however, states are concerned that independent judges operate within acceptable parameters. They thus establish a …

Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Private Law Beyond The State? Europeanization, Globalization, Privatization, Ralf Michaels, Nils Jansen

Faculty Scholarship

Although the changing relation between private law and the state has become the subject of many debates, these debates are often unsatisfactory. Concepts like 'law', 'private law', and 'globalization' have unclear and shifting meanings; discussions are confined to specific questions and do not connect with similar discussions taking place elsewhere. In order to initiate the necessary broader approach, this article brings together the pertinent themes and aspects from various debates. It proposes a conceptual clarification of key notions in the debate- "private law," "state," "Europeanization," "globalization," and "privatization"- that should be of use beyond the immediate purposes of the rest …

Not Fully Committed? Reservations, Risk And Treaty Design, Laurence R. Helfer

Faculty Scholarship

This Essay responds to Reserving, a forthcoming Article by Professor Edward T. Swaine to be published in the Yale Journal of International Law. The Essay first reviews the Article's explanation of the complex and often counterintuitive rules that govern the filing of unilateral reservations to multilateral treaties. It then offers three modest additions to Professor Swaine's insightful contribution to the growing body of interdisciplinary scholarship on treaty design. First, the Essay applies Swaine's theory of state interests and information to a dynamic model that takes account of temporal issues such as when states file reservations and how treaty commitments change …

One Of The Likely Defendants Before The Extraordinary Chambers, Mr. Ieng Sary, Received A Pardon By The King Of Cambodia In Relation To His 1979 Conviction For Genocide. The U.N. And Cambodia Have Agreed That [The Eccc] Should Decide The Scope Of This Pardon.., Conor Mclaughlin

War Crimes Memoranda

No abstract provided.

To What Extent Does The Cambodian Extraordinary Chambers Meet The Requirements For A Tribunal To Be Deemed Legitimate As Set Out By The Appeals Chamber Of The Icty In The Tadic Case?, Brianne Draffin

War Crimes Memoranda

No abstract provided.

After The 1991 Gulf War Ended, The Shiite Population In Southern Iraq And The Kurdish Population In Northern Iraq Revolted Against The Iraqi Government... : Deliberate Attacks, Imams From These Mosques Were Providing Medical Treatment And Shelter To Injured Civilians And Insurgents..., Emily J. Peters

War Crimes Memoranda

. 3) Iraqi troops entered hospitals in Basrah and Karbala and summarily murdered any males between the age of 12 and 70. Iraqi troops also murdered, tortured, and raped medical personnel who had provided treatment to insurgents. 4) Ali Hassan Al Majid rounded up male civilians (of fighting age) and ordered them to drink petrol. After these men drank the petrol, Al Majid ordered his troops to fire or personally fired himself tracer bullets into the victims so that the petrol would ignite and the victim would explode. This tactic was used to intimidate people into offering information about insurgent …

Bail In The 21st Century: Is There A Role For Ankle Monitors, Electronic Supervision, And The Like Within International Criminal Justice In Light Of Long Pre-Trial Detention?, David Selby

War Crimes Memoranda

No abstract provided.