International Law Commons^™

The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan

Cardozo Public Law, Policy & Ethics Journal

The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.

Endless Emergency: The Case Of Egypt, Sadiq Reza

Faculty Scholarship

The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature of everyday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework of emergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions …

International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack of judicial competence in military matters, the Court and commentators have relied on second-order interpretive norms like congressional authorization and executive branch practice in interpreting the …

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2007-2008, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Brunk Wuerth

Michigan Law Review

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack of judicial competence in military matters, the Court and commentators have relied on second-order interpretive norms like congressional authorization and executive branch practice in interpreting the …

Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard

Human Rights & Human Welfare

A review of:

Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.

The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer

All Faculty Scholarship

Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …

Challenging Political Boundaries In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.

The International Review | 2007 Fall, Michael Rhee

The International Review Newsletter

The U.S. Supreme Court and Global Warming: National and International Implications

Hedge funds: In need of international regulation?

Universal jurisdiction: Prosecuting any crimes committed anywhere?

Is the WTO Providing More Access to Essential Medicines?

KORUS: A trade agreement binding the United States and Korea?

The Outsourcing of Torture: “Extraordinary rendition” still shrouded in secrecy

“Enforced disappearances” convention: A casualty of the war on terror?

A better definition for “crime of aggression”?

Food safety: Weaknesses abroad and at home

The world’s first publicly-held law firm: Opportunities and dilemmas

Ethiopia v. Starbucks: A brewing trademark dispute?

Hitting the pocketbooks of human rights …

Car Flipping In The U.K.: The Vat Fraud Marketplace And Certified Solutions, Richard Thompson Ainsworth

Faculty Scholarship

Missing Trader Intra-Community (MTIC) fraud and its offspring carousel fraud and contra trading fraud are siphoning huge amounts of VAT revenue from the UK Treasury. This fraud is not a function of the goods involved. It is a function of the market-place. Recently another type of market-place dependent VAT fraud has taken hold in the UK - car-flipping.

In some instances the market-place where these frauds festers is a pre-existing or natural market-place, one that grows out of legitimate commercial practices. Fraudsters enter this market-place (so the argument goes) and take advantage of legitimate businesses who unwittingly get caught up …

Yassin V. Government Of Israel, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A Petition under the Contempt of Court Ordinance, based on the argument that despite the long period of time that had elapsed since the hand down of the decision in HCJ 8414/05, Yassin v. The State of Israel (April 9, 2007), where the High Court of Justice ordered the Respondents to change the path of the security fence in the Bilin Area, in a …

Lipstick On A Caterpillar? Assessing The New U.N. Human Rights Council Through Historical Reflection, Balakrishnan Rajagopal

Buffalo Human Rights Law Review

No abstract provided.

How Japan's Recent Efforts To Reduce Sex Trafficking Can Be Improved Through International Human Rights Enforcement Mechanisms: Fulfilling Japan's Global Legal Obligations, Kerry E. Yun

Buffalo Human Rights Law Review

No abstract provided.

Saddam Hussein And The Ist On Trial: The Case For The Icc, Heidi M. Spalholz

Buffalo Human Rights Law Review

No abstract provided.

State Responsibility For Extraterritorial Human Rights Violations, Damira Kamchibekova

Buffalo Human Rights Law Review

No abstract provided.

International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet

Buffalo Human Rights Law Review

No abstract provided.

Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter

Human Rights & Human Welfare

A review of:

Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.

Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed

Faculty Scholarship

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …

Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner

All Faculty Scholarship

This paper addresses the importance of comparative legal methods for study of comparative procedure.

Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans

BYU Law Review

No abstract provided.

Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

A Study Of Interest, John Y. Gotanda

Working Paper Series

In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate …

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

Elisabeth King On Researching Conflict In Africa : Insights And Experiences. Edited By Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, And Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp., Elisabeth King

Human Rights & Human Welfare

A review of:

Researching Conflict in Africa : Insights and Experiences. Edited by Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, and Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp.

Christina M. Cerna On The Un International Criminal Tribunals, The Former Yugoslavia, Rwanda And Sierra Leone By William A. Schabas. New York, Cambridge University Press, 2006. 711 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The UN International Criminal Tribunals, The former Yugoslavia, Rwanda and Sierra Leone by William A. Schabas. New York, Cambridge University Press, 2006. 711 pp.

Maritime Domain Awareness: The Key To Maritime Security, Joseph L. Nimmich, Dana A. Goward

International Law Studies

No abstract provided.

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii

International Law Studies

No abstract provided.

Table Of Contents (Volume 83)

International Law Studies

No abstract provided.