International Law Commons^™

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Rachel Katzman, Katherine Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey

Human Rights Brief

No abstract provided.

United Nations Update, Brent D. Hessel

Human Rights Brief

No abstract provided.

Ngo Update, Julie Gryce

Human Rights Brief

No abstract provided.

Consular Notification In Death Penalty Cases Returns To The World Court: A Note On Avena And Medellín, Juan J. Quintana

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur

Human Rights Brief

No abstract provided.

Ngo Update, Lindsey Randall

Human Rights Brief

No abstract provided.

Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod

Faculty Publications

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.

The author gives a brief history of …

Regulating Unsettled Issues In Latin America Under The Treaty Powers And The Foreign Commerce Clause, Joanna Doerfel

University of Miami Inter-American Law Review

No abstract provided.

Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales

Fordham International Law Journal

Part I of this Article takes a brief tour through military history on the consistent use of mercenaries through the ages, which Peter Singer illuminates masterfully in Corporate Warriors. Next, a brief overview on the binding nature (or not) of international custom and treaty is explored in Part II and then the codifications of international law are taken up in Part III, beginning with the Hague and Geneva Conventions. Several United Nations (“U.N.”) instruments are analyzed for their efficacy in changing the long-standing customary international law on the use of mercenaries and whether or not each is applicable to PMF …

The Honeymoon Is Over: Evaluating The U.S.-China Wto Intellectual Property Complaint, Donald P. Harris

Fordham International Law Journal

Over the last two decades, the United States and the People’s Republic of China have engaged in extensive negotiations regarding China’s protection of intellectual property rights. To date, the countries have entered into at least four substantive agreements detailing China’s commitments and obligations to enforce intellectual property rights (IPRs). Unfortunately, these commitments have not led to significant improvement in China’s enforcement of rampant piracy. When, in 2001, China finally acceded to the World Trade Organization, which included the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), many hoped that China would effectively finally fulfill its international obligations to …

Silencing The Ethiopian Courts: Non-Judicial Constitutional Review And Its Impact On Human Rights, Chi Mgbako, Sarah Braasch, Aron Degol, Melisa Morgan, Felice Segura, Teramed Tezera

Fordham International Law Journal

Part I traces the evolution of Ethiopia's constitutional human rights guarantees in each of the country's constitutional manifestations from the period of Emperor Haile Selassie's reign to the present. Part II explores the status of fundamental rights and freedoms in Ethiopia's 1995 FDRE Constitution. Part III describes the players and processes of Ethiopia's complex system of non-judicial constitutional review, including the dominant role played by the HOF and Council of Constitutional Inquiry and the marginalized role of the courts. Part IV presents a comparative analysis of countries engaged in non-judicial constitutional review, including China, the former Soviet Union, and Finland. …

Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards

Fordham International Law Journal

This paper discusses the interconnection of historic, legal, and cultural contexts that result in the perpetuation of discrimination against women in Chinese society. The contextual analysis attempts to explain the causes for an increase in trafficking of women and the deplorable human rights violations perpetrated upon women in China today. The remedies to eliminate trafficking proposed in this paper are not easily implemented. The OCP must be revised to provide more incentives to rational family planning rather than harsh punishments and coercion. China needs to reverse a long-standing cultural tradition of male son preference and discrimination against women. We know …

Regulation Of Civil Society In China: Necessary Changes After The Olympic Games And The Sichuan Earthquake, Karla W. Simon

Fordham International Law Journal

This Article will address the following topics with regard to the regulation of civil society in China: (1)Making the existing regulations for social organizations (shehui tuanti, “SOs”), nonprofit non-commercial entities (minban fei qiye danwe, “NCEs”),and foundations (jijin hui) more user-friendly, including making it possible for de facto networks that provide and coordinate disaster relief to be recognized, perhaps as semi-legal entities for a short period of time. The liberalization of the SO regulations should permit mutual benefit organizations to be established in order to fully implement the freedom of association guaranteed by Article 35 of the Chinese Constitution. (2) Making …

Congress, The Supremacy Clause, And The Implementation Of Treaties, John T. Parry

Fordham International Law Journal

This Article intervenes in the self-execution debate by revisiting the early American understandings of treaty implementation in the decades before Foster. I first assess the significant materials from the founding era, some of which have never before been discussed in this context. I also critique the interpretations of other commentators who have been too quick to find support for a broad notion of self-execution in the historical materials. Although I conclude the founding generation generally assumed treaties would be law without congressional intervention, I emphasize that the ordinary story of consensus on these issues is inaccurate. Second, I analyze post-ratification …

An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon

Fordham International Law Journal

This Article discusses what the United States can do to promote the rule of law and human rights in DR Congo. This Article contends that U.S.-DR Congo policy has been formulated in dribs and drabs, limited in quantity relative to the enormity of the crisis, and without an overarching plan for promoting legal coherence and yielding long-term, systemic change. To be effective, U.S.-Congolese policy must be crafted and executed with a holistic approach-security, disarmament, infrastructure, food assistance, and health care must all undergird greater efforts to establish the rule of law. In effect, the United States must initiate an "African …

Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman

Fordham International Law Journal

References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the …

A Theory Of Internationally Regulated Goods, Asif Efrat

Fordham International Law Journal

This Article examines the overlooked countertrend of international trade regulation. It offers a theory of internationally regulated goods ("IRGs") that explains why certain goods are regulated internationally, how governments form their preferences on international regulation, and how they establish cooperation. This Article argues that international regulation allows governments to make up for the deficiencies of national regulation by inducing the externalities-generating countries to establish proper controls. Beyond identifying and analyzing the trend of internationally regulated goods, this Article makes several additional contributions. Most importantly, the theoretical model bridges rationalist and nonrationalist accounts of international law by combining self-interest calculations with …

New Strategies For Progressive Realization Assessments Of Economic, Social, And Cultural Rights: Cambodian Aids-Related Orphans And Vulnerable Children As The Hard Case, Elizabeth Shura

Fordham International Law Journal

This Note proposes two alternatives to the standard use of progressive realization assessments under international human rights law. The first is to identify "key rights"-immediately enforceable civil and political rights that are so deeply intertwine with related social, economic, and political rights that enforcing the first unlocks access to the second. This strategy relies on the deep interconnection of all human rights a connection that is heightened among vulnerable populations such as Cambodian AIDS-related orphans. The second solution offered is an alternative method of conducting analysis under the progressive realization standard. Economic, social, and cultural rights can be examined and …

The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser

Fordham International Law Journal

This Report will provide an exposition of the most recent activities of three of the most important public supporters of foreign direct investment ("FDI"): the International Finance Corporation ("IFC"), the Multilateral Investment Guarantee Agency ("MIGA"), and the Overseas Private Investment Corporation ("OPIC"), with a focus on their regional and sectoral investment patterns. While not a panacea to the incredible challenges in achieving reductions in poverty, FDI is an essential element in the overall strategy to ensure successful, sustainable development. It is also an element that, especially in the least developed countries ("LDCs"), has suffered from consistent underperformance. Part I will …

It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich

Fordham International Law Journal

This Report presents the findings of this research effort. It consists of three parts: Part I sets out the normative framework on domestic violence, both at the international and national level, and explains the relevant norms that govern the relationship between Maori and the Crown. Part II begins with a background discussion regarding the level of domestic violence in New Zealand. It then proceeds to detail the problems with the domestic law and implementing regulations addressing domestic violence, both with the law as written and problems with the law and regulations as implemented or enforced, the "implementation gaps." It presents …

The Doctrine Of Manifest Disregard Of The Law After Hall Street: Implications For Judicial Review Of International Arbitrations In U.S. Courts, Annie Chen

Fordham International Law Journal

This Note examines the doctrine of manifest disregard, its impact on international arbitration, and its future after Hall Street. The focus of the discussion is U.S. law. Part I sets out the legal framework for arbitration in the United States and the statutory and extrastatutory grounds for vacatur of awards. It discusses the development and application of the doctrine of manifest disregard of the law in U.S. common law and the tension this has created with the FAA. Part II analyzes the Hall Street decision and the subsequent developing circuit split, including the case's impact on viability of manifest disregard. …

The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi

Fordham International Law Journal

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human …

The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein

Fordham International Law Journal

The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …

Terror In The Name Of Islam - Unholy War, Not Jihad, Parvez Ahmed

Case Western Reserve Journal of International Law

No abstract provided.

Cyber Embargo: Countering The Internet Jihad, Gregory S. Mcneal

Case Western Reserve Journal of International Law

No abstract provided.

Re-Thinking Humanitarian Aid In The Post-Gulf War Era: The International Committee Of The Red Cross Takes The Lead, Sarah R. Denne

Case Western Reserve Journal of International Law

No abstract provided.

Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.

Volume 39 Issue 3 (2008), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.