International Law Commons^™

Multilateralism And War: A Taxonomy Of Institutional Functions, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

The dichotomy that emerged from the debate over the United States' invasion of Iraq, pitting multilateralism against unilateralism, has generally obscured more than it has enlightened about the law, rationales and effectiveness of multilateralism in war. This Article examines "security multilateralism" and concludes that, while the authority to address peace and security is, as a matter of international law, aggregated at the Security Council, the functions through which the United Nations works in support of that aggregated legal mandate are dispersed throughout the organization and affiliated bodies. Inquiries that seek to measure the effectiveness of U.N. security multilateralism against …

Livre Comércio E O Meio Ambiente, Darren Rosenblum

Faculty Publications

(Excerpt)

Primeiramente eu gostaria de agradecer a Cláudia Lima Marques por organizar esta interessante e empolgante conferência. Devo fazer um prefácio dos meus comentários dizendo que a minha bolsa se foca mais em leis de comércio internacional do que direito ambiental. Contudo é claro para mim que estas duas áreas estão substancialmente relacionadas, como ficará claro através da minha fala de hoje.

Esta apresentação se focará na questão do "livre comércio" nos Estados Unidos e o impacto doméstico no meio ambiente. Então, irei falar dos aspectos gerais do crescente sistema de comércio global. Finalmente irei fazer paralelos entre a economia …

Contesting The "Sovereigntists": How To Learn To Stop Worrying And Love International Institutions, Margaret E. Mcguinness

Faculty Publications

(Excerpt)

It has become fashionable in some quarters of the United States to denounce the "outsourcing" of American sovereignty to international courts, the United Nations (UN), and the World Trade Organization (WTO).The central debate between these "sovereigntists" opposed to broad U.S. participation in international organizations (IOs) and "internationalists" who support such participation is not over the legal effect of conferring governmental functions on international institutions, but rather over the implications of such conferrals for democracy and national security: Does participation in international institutions strengthen or weaken U.S. democracy? Do IOs limit the ability of the government to protect national security? …

Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen

Faculty Publications

Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.

To what extent …

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger movement to democratize the …

The Challenge Of A Global Standard Of Justice: Peace, Pluralism, And Punishment At The International Criminal Court, Eric Blumenson

Suffolk University Law School Faculty Works

This Article addresses what is often described as the "peace versus justice" problem, as it confronts the recently-established International Criminal Court (ICC). The problem typically arises when the threat of prosecution would derail peace negotiations or deter a tyrant from relinquishing power. If a state then grants amnesty or de facto impunity as the price of peace, should the ICC's prosecutor bring charges in its stead?

This Article analyzes the conflicting claims of peace, pluralism, and punishment in such cases by exploring three fundamental questions:

(1) Does justice in the aftermath of crime always require prosecution and punishment?

(2) If …

Liberalization Or Economic Colonization: The Legality Of The Coalition Provisional Authority's Structural Investment Law Reforms In Post-Conflict Iraq, Nicole Marie Crum

South Carolina Journal of International Law and Business

No abstract provided.

From Rights To Remedies: The Alien Tort Claims Act, Sosa V. Alvarez-Machain And The State Action Requirement, Michael Giuseppe Congiu

South Carolina Journal of International Law and Business

No abstract provided.

Diamond Is Forever: De Beers, The Kimberely Process, And The Efficacy Of Public And Corporate Co-Regulatory Initiatives In Securing Regulatory Compliance Note, Anne E. Andrews

South Carolina Journal of International Law and Business

No abstract provided.

Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile

Cardozo Journal of Conflict Resolution

As the strategic economic partner of the Southern Mediterranean (MEDA) region, the European Union (EU) seeks to promote effective mechanisms of development through increased industrial cooperation in order to create a Euro-Mediterranean area of shared prosperity. The first Euro-Mediterranean Conference of Ministries of Industry, held in June of 1996 in Brussels, listed among its priority objectives 1) the formation of a fair judicial and administrative framework for investment; and 2) the establishment and support of Small and Medium Enterprises (SMEs) through the development of regional networks. However, recent reports on world trade and investment describe the MEDA region as an …

Collaboration In The Exploration Of Outer Space: Using Adr To Resolve Conflicts In Space, Ka Fei Wong

Cardozo Journal of Conflict Resolution

This Note will explore in detail the use of ADR procedures for claims brought under the Convention on International Liability for Damage Caused by Space Objects of 1972 ("Liability Convention"), pointing out the benefits and effectiveness of the procedures. This Note will also explore the problems with the Liability Convention, and will suggest modifications to improve the ADR procedures set forth therein. By drawing on the ADR procedures from the Liability Convention as an example, this Note will suggest that the use of ADR procedures to resolve most outer space conflicts would be most desirable. Although ADR procedures currently exist …

The Role Of Citizens And The Future Of International Law: A Paradigm For A Changing World, Avnita Lakhani

Cardozo Journal of Conflict Resolution

Time is on our side and security is to be found, only if we would have a change of heart about the role that citizens can play in the future of international law. True, citizens do play a role in the development and enforcement of domestic laws, especially in more democratic and Western societies. Citizens have also had significant influence in the development of international law. However, citizens (i.e. non-state actors) have not had a direct hand in the enforcement of international law through private action as accorded to state-actors (i.e. governments). This means that citizens, in most cases, have …

An Unfair Advantage: Comparing The International Court Of Justice To A Form Of Adr And Why It Was Inappropriate For The Court To Issue An Advisory Opinion In The Case Of Israel's Separation Fence, Mimi Trenk

Cardozo Journal of Conflict Resolution

This Note will begin with a concise background of the ArabIsraeli conflict. It will then explain the three arguments presented to the Court as to why it should have declined to exercise jurisdiction and the Court's response. It will explore the similarities of non-binding arbitration, as a form of alternative dispute resolution, and the Advisory Opinion. It will then examine whether, in the interests of justice, it was appropriate for the Court to issue the opinion, even though it is considered to be non-binding. This Note will examine the Israeli Supreme Court as the proper forum to enforce the rights …

Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman

Vanderbilt Journal of Transnational Law

I was pleased to be asked to offer a few words in honor of my friend, Professor Hal Maier, on the occasion of his retirement from Vanderbilt University Law School. I owe a particular debt of gratitude to Hal, not only because he has been a wonderful friend and colleague over the years, but also because he sparked my interest in a field to which I had only recently turned when we first met and one that now absorbs much of my time and attention. The "field"--if it can be characterized as such--is "international litigation" or "transnational litigation," and that …

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

Journal Articles

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …

International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford

Faculty Scholarship

The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvement to work effectively. A venue battle now rages between courts of several European countries over which country's courts will administer particular cross-border proceedings and how the center of main interest is to be determined for this purpose.

This Article begins with a detailed examination of the two principal cases where conflicts …

Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati

Faculty Articles

No abstract provided.

Reconceptualising Female Trafficking: The Inhuman Trade In Women, Alison Cole

Cardozo Journal of Equal Rights & Social Justice

The article argues that female trafficking must be reconceptualized under international criminal law as a crime against humanity to establish a uniform legal framework for combating this global issue. It critiques existing international approaches for lacking coherence and enforcement, emphasizing the need for a clear definition and standardized measures to address the severity of trafficking. The UN Trafficking Protocol, while authoritative, leaves significant discretion to states, resulting in varied domestic policies that hinder effective international cooperation. By classifying female trafficking as a crime against humanity, the article proposes a more robust legal basis for universal jurisdiction and individual liability, aligning …

January 1, 2003: The Birth Of The Unpublished Public Domain And Its International Implications, Elizabeth Townsend Gard

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

The International Effects Of The Adoption Of A Consumption Tax In The United States, Matthew Mcmahan

Vanderbilt Journal of Transnational Law

This Note concludes that through the adoption of a consumption tax the United States will benefit from both short-and long-term gains. This Note presents the advantages of consumption taxes and where relevant, discusses a specific consumption tax proposal--the Fairtax Plan. The Author responds to several critiques of consumption taxation, including whether consumption taxes are disproportionately placed on labor, the existence of efficiency gains, the international effects, increased black market activity, and cross-border tax arbitrage.

Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin

Vanderbilt Journal of Transnational Law

For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas. It has been almost universally assumed that allowing states to do this was legitimate. As this Note will argue, however, the reasons for allowing states to exercise jurisdiction in this way no longer make sense in the modern world. Further, allowing states to exercise universal jurisdiction over pirates violates the due process rights of the pirates and poses a threat to international stability. To …

Two (Or Five, Or Ten) Heads Are Better Than One: The Need For An Integrated Effort To International Election Monitoring, Rachel Ricker

Vanderbilt Journal of Transnational Law

Election monitoring efforts have a crucial role to play in attaining the goals of self-determination and democratic sovereignty. Yet current election monitoring practice suffers from variance in the goals, standards, and strategies employed by the many organizations that engage in election monitoring and observation programs. This Note examines the current state of election monitoring within the framework for analyzing the legitimacy of rules proposed by Thomas Franck in his 1992 article "The Emerging Right to Democratic Governance," and concludes that the shortcomings of the current system fail to address many necessary aspects of legitimate self-governance of monitored nations. The Author …

In Honor Of Professor Harold G. Maier, David P. Stewart

Vanderbilt Journal of Transnational Law

Among his many other significant accomplishments and career achievements, Professor Maier can count a singular experience which few in the field of international law are privileged to enjoy-that of spending a year as the Counselor on International Law at the U.S. Department of State in Washington, D.C.

The Counselor occupies a senior position within the Office of the Legal Adviser. Organizationally, the incumbent reports to and works directly with the Legal Adviser and his Deputies in advising the Secretary of State and other senior officials on whatever fast-moving issues might occupy the foreign policy attention of the government at a …

He Knew Why He Was Here, D. D. Welch

Vanderbilt Journal of Transnational Law

Hal was passionate about his Transnational Legal Studies Program. He was brought to Vanderbilt in 1965 to build an international law program from scratch. In these days of globalization, it is difficult to remember how innovative his work was. In his first year, there were three international law courses at the Law School, all taught by him. There was a testy difference of opinion on campus about whether international law materials should be housed in the Law Library or remain in the University's Central Library...and there were not many materials in that collection. When Maier was named Director of the …

Human Dignity In The Line Of Fire: The Application Of International Human Rights Law During Armed Conflict, Occupation, And Peace Operations, John Cerone

Vanderbilt Journal of Transnational Law

One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are bound by human rights obligations with respect to the conduct of their armed forces abroad in armed conflict, occupation, and peace operations. Underlying the controversy are a number of complex legal questions, several of which have eluded definitive resolution. Chief among these questions is whether individuals affected by the conflict are among those whose rights states are obliged to secure. Answering these questions is further complicated in situations of collective action, giving rise to such questions as whether …

The Detainee Treatment Act Of 2005: Embodying U.S. Values To Eliminate Detainee Abuse By Civilian Contractors And Bounty Hunters In Afghanistan And Iraq, Ryan P. Logan

Vanderbilt Journal of Transnational Law

The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the current conflicts in Afghanistan and Iraq. Civilians have been utilized in all facets of those military campaigns, including the interrogation of suspected terrorists or insurgents. Faced with intense pressure to rapidly obtain information about terrorist operations and yet having little oversight of their interrogation activities, some of these contractors and bounty hunters have been accused of abusing detainees. This Note explores the legal avenues for addressing accusations of detainee abuse by U.S. civilians in Afghanistan and Iraq and concludes …