International Law Commons^™

Challenging The Assumption Of Equality: The Due Process Rights Of Foreign Litigants In U.S. Courts (Panel), Austen L. Parrish, Paul R. Dubinsky

Articles by Maurer Faculty

No abstract provided.

Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch

American University International Law Review

No abstract provided.

Peace Agreement Drafting Guide: Darfur, Paul Williams, Matthew Simpson, Christina Sheetz

Books

The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions. The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements …

Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian

Indiana Law Journal

No abstract provided.

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

Indiana Journal of Global Legal Studies

The Internationale expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to the articles by Carole Silver and Len Bierman and Michael Hitt on law firm expansion in this symposium issue on the Globalization of the Legal Profession. The essay utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./UK. dominance of capital markets, corporate and …

Chaos In The Courtroom, Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf

Faculty Publications

During the eight month-long Dujail trial (October 2005-August 2006), Saddam Hussein, his seven co-defendants, and their dozen lawyers regularly disparaged the judges, interrupted witness testimony with outbursts, turned cross examination into political diatribes, and staged frequent walk-outs and boycotts. Drawn from the author's September 2006 lecture to the staff of the Office of the Prosecutor of the International Criminal Court in The Hague, this article examines some of history's previous messy trials and the strategies judges have employed with varying degrees of success to respond to disruptive conduct by trial participants. It then describes the various tactics employed by the …

Forward: Lessons From The Saddam Trial, Michael P. Scharf

Faculty Publications

Forward to the conference on "Lessons from the Daddam Trial."

Nafta's Double Standard Of Review, Juscelino F. Colares

Faculty Publications

Chapter 19 of the North American Free Trade Agreement (NAFTA) replaced court review of U.S. antidumping and countervailing duties with binding review by special binational panels of trade experts. It requires these panels to apply the same standard of review that U.S. courts use in trade remedy cases. Despite the centrality of this requirement to the Chapter 19 panel system, these panels have not adhered to this mandate. Chapter 19 panels overturn U.S. agency rulings much more often than the courts. In fact, they apply two different standards of review: exacting scrutiny where foreign producers and governments appeal, and near-absolute …

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Law Faculty Research Publications

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging in North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central to the United …

Internationalizing National Politics: Lessons For International Organizations, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Pressuring Sudan: The Prospect Of An Oil-For-Food Program For Darfur, Russell P. Mcaleavey

Fordham International Law Journal

This Note examines whether Justice Goldstone's proposal for an oil-for-food program is feasible in today's international political climate and whether it would be effective in curtailing the violence and aiding civilians in Darfur. Part I begins by examining the reasons behind China's reluctance to support international initiatives to achieve peace in Darfur. Part II discusses the U.N. Oil-for-Food Program in Iraq and outlines proposals for avoiding problems that plagued that program. Finally, Part III takes into consideration the political and logistical difficulties that are likely to arise from the institution of an oil-for-food program in Sudan, and concludes that such …

The European Central Bank's Independence And Its Relations With Economic Policy Makers, Professor Dr. René Smits

Fordham International Law Journal

In this Essay, written for the Fifty Years of European Union (“EU”) Law Conference organized by Fordham Law School, I intend to sketch the independent position of the European Central Bank (“ECB”) in the context of economic policy making within the European Union. I will briefly describe the law and the practice in respect of independence and economic-policy making, both the internal (domestic policies) and the external aspects (international policies). The law is stated as of February 25, 2008.

The Dilemma Of Odious Debts, Lee C. Buchheit, G. Mitu Gulati, Robert B. Thompson

Center for Contract and Economic Organization

When a corrupt governmental regime borrows money in the name of the state, and then steals or squanders the proceeds, must the future citizens of that country repay the loan? The law says yes, but the moral instinct of most people says no.

The odious debt controversy is, at base, a struggle to find a workable legal doctrine that will avoid a morally repugnant result (visiting the sins of corrupt governors on innocent citizens), without undermining the legal basis of all sovereign borrowing. No counterparty, at least no commercial counterparty, would lend money to a sovereign believing that the loan …

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

Scholarly Articles in Law Reviews & Journals

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch

Kentucky Law Journal

No abstract provided.

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Faculty Scholarly Works

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Re-Evaluating The Theoretical Basis And Methodology Of International Criminal Trials, Dermot Groome

Faculty Scholarly Works

No abstract provided.

Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price

Law Faculty Scholarly Articles

The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …

Tsunamis, Hurricanes, Earthquakes, And Asteroids: Are We Ready For The Next 100 Years?, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Price Discrimination In The Textbook Market: An Analysis Of The Post-Quality King Proposals To Prevent And Disincentivize Reimportation And Arbitrage, Christine Ongchin

Cardozo Journal of International and Comparative Law

The note examines how the rise of the internet and legal developments, particularly the Supreme Court's decision in Quality King Distributors v. Lanza, have disrupted traditional price discrimination practices in the textbook industry. Historically, publishers engaged in third-degree price discrimination, charging higher prices in the U.S. market due to geographic isolation and limited arbitrage opportunities. However, the internet has facilitated reimportation and arbitrage, undermining this practice. The first sale doctrine under 17 U.S.C. § 109(a) further complicates efforts to prevent resale of cheaper, internationally purchased textbooks in the U.S. market. Publishers must now consider alternative strategies, such as contractual …

Imperialism, Colonialism, And International Law, James Thuo Gathii

Buffalo Law Review

No abstract provided.

Proceedings Of The 107th Asil Annual Meeting, Introductory Remarks, Multipolar Governance Across Environmental Treaty Regimes, Mark A. Drumbl

Scholarly Articles

This panel was convened at 9:00 am, Saturday, April 6, by its moderator, Mark Drumbl of Washington and Lee University, who introduced the panelists: Kim Diana Connolly of Buffalo Law School; David Downes of the Office of International Affairs, U.S. Department of the Interior; Timo Koivurova of the Arctic Center, University of Lapland; and Katharina Kummer Peiry of Kummer EcoConsult.

The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley

Scholarly Works

Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.

Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …

Restitution As A Remedy For Refugee Property Claims In The Israeli-Palestinian Conflict, Michael Kagan

Scholarly Works

This Article examines restitution as an autonomous human right for refugees displaced in the Israeli-Palestinian conflict, and assesses the implications of taking such a rights-based approach. The author concludes that the refugees have a strong legal claim to restitution. In international law, compensation is relevant only when restitution is materially impossible, where property has been damaged or declined in value so that restitution is not a complete remedy for the victim's loss or where a refugee chooses not to seek restitution. Current empirical research about land usage in Israel indicates that a great deal, and possibly the majority, of lost …

Destructive Ambiguity: Enemy Nationals And The Legal Enabling Of Ethnic Conflict In The Middle East, Michael Kagan

Scholarly Works

In the course of the Middle East conflict since 1948, both the Arab states and Israel have tended to take harsh measures against civilians based on their national, ethnic, and religious origins. This practice has been partially legitimized by a norm in international law that permits states to infringe the liberty and property interests of enemy nationals during armed conflict. Middle Eastern governments have misused the logic behind this theoretically exceptional rule to justify far-reaching measures that undermine the “principle of distinction” between civilians and combatants and erode the principle of non-discrimination that lies at the center of human rights …

Book Review, Democratic Accountability And The Use Of Force In International Law (Charlotte Ku & Harold Jacobson Eds., 2007), Russell A. Miller

Scholarly Articles

None available.