International Law Commons^™

Interview Of Charles J. O’Mara (Also Known As Joe O’Mara) Conducted By Rosine Plank-Brumback On February 5–6, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Charles J. O’Mara, Former U.S. Special Agricultural Trade Negotiator, Uruguay Round and NAFTA, conducted by Rosine Plank-Brumback. This interview is split between two dates, February 5, 2008, and February 6, 2008. The interview conducted on February 6, 2008 starts on page 31.

Myanmarese Refugees In Thailand: The Need For Effective Protection, Buhm Suk Baek, Gauri Subramanium

Cornell Law School J.S.D. Student Research Papers

This paper deals with the Thai government's policy on refugees with a special focus on refugees from Myanmar. It is designed to give suggestions to international human rights NGOs working in the Thai-Myanmar border areas for the protection of the human rights of Myanmarese refugees. Most international human rights NGOs in this region are lobbying for the Thai government to ratify the Refugee Convention or at the very least, take active steps towards the protection of refugees under customary international law.

This paper is, however, concerned by these NGOs’ reliance on the ratification of the Convention as a solution to …

Presidential Authority And The War On Terror, Joseph W. Dellapenna

Working Paper Series

Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …

Heather Heckel On Child Soldiers: From Violence To Protection By Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 Pp., Heather Heckel

Human Rights & Human Welfare

A review of:

Child Soldiers: From Violence to Protection by Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 pp.

Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge

Scholarly Works

Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …

The Security Council: Is It Beyond Any System Of Legal Limits?, Tarek O Mohanna

Archived Theses and Dissertations

No abstract provided.

Judicial Review In Ethiopia: A Comparative Appraisal, Mekonnen Firew Ayano

Archived Theses and Dissertations

No abstract provided.

Liberalization Of Air Transport Service: Open Skies And Its Impact On Developing World : Egypt As A Case Study, Bahira Elkilany

Archived Theses and Dissertations

No abstract provided.

Perdagangan Bebas (Free Trade) Dalam Perspektif Keadilan Internasional, Ade Maman Suherman

Indonesian Journal of International Law

International trade law is to serve as an effective vehicle for the development of a truly global social and economic policy. As is seems destined to do, there must be a clearly articulated normative framework for the analysis of international trade law as a matter of justice. Due to that argument, international trade law can not be separated from international legal system which should be built under the construction of justice theory, that heavily influenced by the development of utilitarian, libertarian, international trade law should be based on the efalitarian theory that advocared by Rawls.

Peninjauan Ulang Ketentuan Retaliasi Sebagai Reformasi Aturan Penyelesaian Sengketa Wto, Tri Hernowo

Indonesian Journal of International Law

Remedies system in form of suspension of concession or retaliation under current WTO rules encounters some drawbacks for developing and least developed countries. Theoretical and empirical analysis suggests that retaliation barely exercise its rataliation right as the cose exceeds the benefit. Thus, the reformation of DSU rules is crucial, especially to amend Article 22 of Dispute Settlement Understanding.

Gugatan Warga Dan Tanggung Jawab Negara Dalam Pemenuhan Hak Atas Pendidikan, Muhammad Ahsri

Indonesian Journal of International Law

Right to education, as one of the universe human rights, has been recognized by international community as one of fundamental right. This right brings obligation to government of a State to fulfill education need to its citizens. However, there are problems to fulfill education need. This article tries to examine on how and whether citizens could establish state responsibility in right of education fulfillment. It can be argued that even though the obligation of this right has been changed from “obligation to result” to “obligation to conduct” and it was already maintained by the court, Indonesian citizens are still difficult …

Pengakuan Dan Pelaksanaan Putusan Arbitrase Asing, Mutiara Hikmah

Indonesian Journal of International Law

Indonesia has ratified New York Convention on Recognition adn Enforcement of Foreign Arbitral Awards, 1958. This convention is sponsored by the United Nations. The ratification of that convention is proclaimed in The State Gazette 40, 1981 and President Dectee 34, 1981. Recognition and enforcement of foreign arbitral awards is also governed in Arbitration Act 1999. Yet, the court desicions seem not following the written law. It can be seen from some cases in Indonesia as explained in this article.

Perspektif Transaksi E-Commerce Di Era Globalisasi Perdagangan Bebas Dalam Hukum Perjanjian Di Indonesia, Rizal Alif

Indonesian Journal of International Law

In the era of business globalization, market depends heavily in the Information Technology (IT) especially the internet which gives benefits of time efficiency to entrepreneurs. In Indonesia, however, there is no legal certainty in this matter due to pending bills in the legislative body (DPR). Further, there are many more problems related to e-commerce transactions which frequently crossing the state-borders, such as jurisdiction, choice of law and forum, validity of treaty and legal protection to the trader. This article tries to discuss and analyze those problems from the Indonesian law on agreement in order to anticipate the global business transactions …

Implementation Of The 1958 New York Convetion In Several Asian Countries: The Refusal Of Foreign Arbitral Awards Enforcement On The Grounds Of Public Policy, Erman Rajagukguk

Indonesian Journal of International Law

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards Year 1958 or better known as the New York Convention 1958 until now has ratified by 125 countries including Asian Countries, like Indonesia, China, India, Japan, Korea, and Singapore. Through this convention, the arbitral awards can be implemented in the countries where the assets executed by the mechanism from each country. So, the domestic court of the party of the convention given the rights to refuse the recognition and enforcement of the foreign arbitral awards with the reason of public order. That reasons then be the problems where the …

Strategi Indonesia Dalam Menghadapi Tirani Perdagangan Bebas, Syahmin A. K.

Indonesian Journal of International Law

In Indonesia, the implementation of dumping policy based on the Customs Act Number 10 Year 1995 and its regulation. However, this Act was regarded insufficient, the Indonesian Government therefore created the Import and Repayment Duties of Antidumping Regulation Number 34 Year 1996. This Regulation reffered to the provisions under Article VI of the GATT 1994, which is Multilateral Trade Agreement (MTA) in the GATT/WTO system. To implement the GATT/WTO obligations, on the October 10th 2000, Indonesian Ministry of Industrial and Trade under its Provision Number 427/MPP/Kep/10/2000, established the Indonesian Antidumping Committee (Komite Anti Dumping Indonesia/KADI). This committee responsible to execute …

The Wto Dispute Settlement System Issues On Implementation, Yetty Komalasari Dewi

Indonesian Journal of International Law

The dispute settlement body in the World Trade Organization (WTO) is the important element for the enforcement of rights and obligations to the party of the WTO. So, the implementation of the decision of the dispute settlement body greatly affects the existence of the WTO as a whole system. Regardless of the success of WTO in making a decision to the case between the parties, the certainty of execution of the awards is still not convinced many parties especially the winning member(s). This article will discuss about the reasons which cause the dispute settlement body awards cannot be executed. Besides, …

Ahmed V. Prime Minister, Dorit Beinisch, Esther Hayut, Yoseph Elon

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 challenging the Respondents’ decision to reduce or to limit the supply of gasoline and electricity to the Gaza Strip.

The Supreme Court sitting as a High Court of Justice rejected the Petition, finding that:

The State of Israel has no duty to make possible the transporting of unlimited electricity and gasoline to the Gaza Strip, under circumstances that some of these products …

Addressing The Global Tragedy Of Needless Pain: Rethinking The United Nations Single Convention On Narcotic Drugs, Allyn L. Taylor

O'Neill Institute Papers

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 28 September 2007, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Adova and the State of Rotania (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning certain criminal proceedings in Adova and Rotania.

Methods Of International Human Rights Adjudication: Towards A More Structured Decision-Making Process For The European Court Of Human Rights, Stefan Sottiaux, Gerhard Van Der Schyff

UC Law SF International Law Review

An international tribunal such as the European Court of Human Rights is often lauded for its protection of human rights. Yet, there is room for improvement. The Court's adjudication style would benefit from more structured balancing of competing interests. Not only would greater structure serve to enhance the Court's efficiency and promote legal certainty, but it would also help to clarify the Court's subsidiary role in relation to national authorities when it comes to the protection of human rights. In bringing more structure to the Court's decision-making process, inspiration can be drawn from the debate regarding the balancing/categorization continuum to …

In The Spirit Of Ubuntur. Enforcing The Rights Of Orphans And Vulnerable Children Affected By Hiv/Aids In South Africa, John D. Bessler

UC Law SF International Law Review

The author discusses the traditional African concept of ubuntu, which is frequently cited in South African jurisprudence, and analyzes South Africa's violation of the human rights of orphans and vulnerable children affected by HIV/AIDS. South Africa's Constitution explicitly protects children's rights and various socio-economic rights of concern to children. The Constitutional Court of South Africa has held such rights to be justiciable, yet the rights of South African children have continually been violated. The author discusses how the existence of these rights may assist orphans and vulnerable children as well as those advocating on their behalf, and identifies legal strategies …

International Law Versus The Preemptive Use Of Force: Racing To Confront The Specter Of A Nuclear Iran, Roxana Vatanparast

UC Law SF International Law Review

The United States claims that Iran's uranium enrichment program is for the purpose of creating nuclear weapons, and is thus in violation of the Treaty on the Non-proliferation of Nuclear Weapons. Although the question of whether Iran has, or will soon have, a nuclear weapon is still speculative, the U.S. is adamant that even if Iran does not currently have a nuclear weapon, it soon will, and all measures must be taken to prevent that from happening. This note analyzes whether the preemptive use of force in this context would meet traditional customary international law requirements as originally established in …

Fifteen Minutes Of Shame: The Growing Notoriety Of Grand Corruption, Mary Evans Webster

UC Law SF International Law Review

Today the international community is focused, like never before, on efforts to reduce corruption as an essential component of poverty eradication. Grand corruption is the payment of bribes in connection with major interactions such as large infrastructure projects or arms sales and the abuse of political power to extract and accumulate for private gain. In the last five years, the United Nations, the World Bank and the United States Agency for International Development have all launched aggressive new agendas to address the crime of grand corruption. But, these agendas are not without their shortcomings and ardent critics. This article explores …

Australian Shareholders Rejoice: Current Developments In Australian Corporate Litigation, Paul Von Nessen

UC Law SF International Law Review

This article considers recent Australian case law which will enhance the ability of Australian shareholders to pursue remedies against their companies for improper disclosure in relation to the acquisition of securities. The article further observes that, in contrast to the United States legal environment, actions which may be used to pursue such securities claims have been encouraged in Australia in recent years by the adoption of effective class action procedures and the relaxation of litigation funding rules.

Taking Stock Of Sustainable Development At 20: What We Have Accomplished And What Comes Next, Gro Harlem Brundtland

Global Business & Development Law Journal

No abstract provided.

An Analysis And Synthesis Of The Decisional Law Applying Article Xx(G) Of The General Agreement On Tariffs And Trade, Jasper L. Ozbirn

Global Business & Development Law Journal

No abstract provided.

America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg

Michigan Law Review First Impressions

The international Kyoto Protocol to combat global warming—negotiated in 1997 and ratified by nearly all signatory countries except the United States and Kazakhstan—will expire in 2012, at the end of the upcoming presidential term. Whichever candidate the American people select to lead our nation for the next four years will face two great challenges to confront global climate change: what direction to take the country within the international community as the world decides how to replace Kyoto, and what policies to implement domestically to help curb this impending crisis.

Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich

Faculty Working Papers

This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …

Depoliticizing Individual Criminal Responsibility, Bartram Brown

All Faculty Scholarship

No abstract provided.

The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry

Cornell Law Faculty Publications

Citizens of foreign countries are increasingly using international treaties to assert claims against Federal and state governments. As a result, U.S. courts are being asked to determine whether treaties provide litigants with individually enforceable rights. Although courts have no consistent approach to determining whether a treaty gives rise to individually enforceable rights, they often apply the textualist methodology derived from statutory interpretation. However, instead of using textual theories of statutory interpretation, I argue that courts should use intentionalist theories developed from contract interpretation in determining individually enforceable rights under treaties. Two positive arguments and one negative argument support my approach. …