International Law Commons^™

Masthead, Volume 40 Issue 1 (2008)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 40 Issue 1 (2008), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 40 Issue 2 (2008)

Case Western Reserve Journal of International Law

No abstract provided.

"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell

Indiana Law Journal

This Essay addresses the theoretical debate on torture in an empirical way. It urges that as part of our evaluation of the merits of torture, we take a shrewd look at the quality of information brutal interrogations produce. The Essay identifies widespread belief in what the author identifies as the "torture myth "-the idea that torture is the most effective interrogation practice. In reality, in addition to its oft-acknowledged moral and legal problems, the use of torture carries with it a host of practical problems which seriously blunt its effectiveness. This Essay demonstrates that contrary to the myth, torture and …

What Is The Law On Duress Under International Criminal Law (Icl)? Is It A Defence (Full Or Partial)? If Not, What Effect Does It Have In Mitigating Culpability?, Josephina S.R. Manifold

War Crimes Memoranda

No abstract provided.

Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen

Fordham International Law Journal

In June 2002 the Commission on Multijurisdictional Practice of the American Bar Association (“ABA”) issued a report which covered a wide range of subjects including state judicial regulation and discipline of lawyers, the special problems of large firms moving lawyers around to work in branch offices, the use of in-house counsel not licensed in the state where they work, the particular problems of federal government and military lawyers practicing as part of their official duties in states where they are not licensed, as well as model rules for admission to practice on motion, for licensing of foreign legal consultants, and …

Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq , Paul R. Williams, Matthew T. Simpson

American University International Law Review

No abstract provided.

2007 In Iraq: The Surge And Benchmarks - A New Way Forward? , Darin E.W. Johnson

American University International Law Review

No abstract provided.

Iraq's Minority Crisis And U.S. National Security: Protecting Minority Rights In Iraq, Michael Youash

American University International Law Review

No abstract provided.

Constitutional Changes, Transitional Justice, And Legitimacy: The Life And Death Of Argentina's "Amnesty" Laws, Jose Sebastian Elias

UC Law SF International Law Review

The article analyzes in-depth the legal and political process through which Argentina came, first, to grant amnesty to former military officers who took part in the repression during the last dictatorship (1976-1983) and then, to nullify those "amnesties" and indict the officers again eighteen years later. The thematic core is the legitimacy (or lack of it) of constitutional changes carried out by these unconventional means, which were the unavoidable consequence of the difficult process of transitional justice in Argentina.

Section I gives an overview of the most salient legal and political facts of the last twenty-five years and poses the …

Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson

Michigan Telecommunications & Technology Law Review

This Article argues that the temporary presence exception was not designed to allow conveyance owners the ability to select the most optimal patent system under which to be subject. It also examines the ramifications of the temporary presence exception on international commerce and concludes that increased use of the exception may result in reduced values for patents relating to international conveyances, reduced incentives to invest in and develop technologies in international conveyances, and a decrease in the quality of various domestic patent systems worldwide. Finally, this Article proposes a solution to these problems. The temporary presence exception has received some …

Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard Henry Seamon

Articles

No abstract provided.

The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam

Animal Law Review

This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over two thousand five hundred small cetaceans—dolphins, porpoises and small whales—will be killed as a result, out of a total of over twenty thousand killed annually in Japan by direct catch. It is argued that since we have literally pushed them to the brink of extinction, we have an ethical duty towards dolphins, to stop the cruelty perpetrated against them by man and to ensure the survival of their species. And our ethical duty towards them should …

Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Democracy, Minorities, and International Law by Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 pp.

Matthew S. Weinert On Constructing Justice And Security After War Edited By Charles T. Call. Washington: United States Institute Of Peace, 2007. 432pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Constructing Justice and Security after War edited by Charles T. Call. Washington: United States Institute of Peace, 2007. 432pp.

Human Rights And Contemporary Slavery, Kevin Bales

Human Rights & Human Welfare

The anti-slavery movement will welcome this important compilation of work on debt bondage slavery. In the academic and policy analysis of contemporary slavery, many of the fundamental areas of enslavement are yet to be explored and brought into systematic presentation. This work by the Graduate School of International Studies at the University of Denver helps to build up our understanding of debt bondage, as well as adding to the emerging discipline of contemporary slavery studies. Debt bondage slavery is one of the oldest forms of slavery that continues into the present day. The date of the establishment of hereditary debt …

Forced Child Labor In El Salvador: Contemporary Economic Servitude, Michelle Doherty

Human Rights & Human Welfare

In 2005, over half of the rural population in El Salvador was living on less than U.S. $2 dollars per day (Programa de las Naciones Unidas para el Desarrollo 2003: 42). The harsh reality of economic subsistence obligates children in El Salvador to contribute to their family’s survival. Employers providing this frail economic lifeline inevitably acquire control over the children. This economic control is a prominent aspect of contemporary slavery and is manifested through violence or exploitation. The enslavement of children in El Salvador not only steals their youth and opportunity to receive an education, but it also places innocent …

Poverty’S Captives, Tim Brauhn

Human Rights & Human Welfare

Today’s manifestations of bondage are a marked departure from those of pre-modern slavery. Now the value of the human “goods” is so low that slavers do not have to worry about damaging them. Two hundred years ago, slaves had to at least be treated with a modicum of safety, if for no other reason than to ensure continued profitability. But in the 20th and 21st centuries, slavers have become less like “hunters” and more like “gatherers,” since their work no longer involves raids and chains, at least in the physical sense. No, today’s raids are the false promises of work …

Under The Iron Thumb: Forced Labor In Myanmar, Anil Raj

Human Rights & Human Welfare

The fight for human rights in Myanmar goes back to its independence in 1948. The Myanmar military (tatmadaw) has engaged in shocking violations of almost every right in the Universal Declaration of Human Rights. The issue of forced labor, however, is of particular concern. Forced labor is employed primarily in development projects, agricultural enterprises, and the military. It is used to impose collective punishment on civilians, to build highly profitable development that strengthens military rule, and to allow the military access and logistical support in the most remote regions of insurgent-occupied territories. Forced labor is a central means …

Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito

Faculty Publications By Year

The United States' current "war on terror" has been framed as a struggle for "civilization"; one which requires a "new paradigm of international law." The rationale for the United States' selective self-exemption from otherwise applicable international law in conducting this war has been that new and imminent threats require the re-shaping of legal doctrines. This essay considers this rationale against the backdrop of three centuries of American visions and policies, and the legal justifications put forth to justify Euroamerican expansion. It concludes that the justifications for American exceptionalism have been remarkably consistent throughout its history and that, as a result, …

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman

Faculty Scholarship

No abstract provided.

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.

Self-Execution And Treaty Duality, Curtis A. Bradley

Faculty Scholarship

The Supremacy Clause of the U.S. Constitution states that, along with the Constitution and laws of the United States, treaties made by the United States are part of the "supreme Law of the Land." At least since the Supreme Court's 1829 decision in Foster v. Neilson, however, it has been understood that treaty provisions are enforceable in U.S. courts only if they are "self-executing." The legitimacy and implications of this self-execution requirement have generated substantial controversy and uncertainty among both courts and commentators. This Article attempts to clear up some of the conceptual confusion relating to the self-execution doctrine and, …

Vote-Trading In International Institutions, Ofer Eldar

Faculty Scholarship

There is evidence that countries trade votes among each other in international institutions on a wide range of issues, including the use of force, trade issues and elections of judges. Vote-trading has been criticized as being a form of corruption, undue influence and coercion. Contrary to common wisdom, however, I argue in this paper that the case for introducing policy measures against vote-trading cannot be made out on the basis of available evidence. This paper sets out an analytical framework for analyzing vote-trading in international institutions, focusing on three major contexts in which vote-trading may generate benefits and costs: (1) …

Nonconsensual International Lawmaking, Laurence R. Helfer

Faculty Scholarship

This article documents the rise of nonconsensual international lawmaking and analyzes its consequences for the treaty design, treaty participation, and treaty adherence decisions of nation states. Grounding treaties upon the formal consent of states has numerous advantages for a decentralized and largely anarchic international legal system that suffers from a pervasive “compliance deficit.” But consent also has real costs, including the inability to ensure that all nations affected by transborder problems join treaties that seek to resolve those problems. This “participation deficit” helps explain why some international rules bind countries without their acceptance or approval. Such rules have wide applicability. …

Legal Classification And Status Of Forced Recruits Over The Age Of Fifteen Years Old: Are Forced Recruits Enslaved Within The Meaning Of International Law Or Do They Fall Within A Different Legal Classification (Namely, Civilian Or Combatant)?, Brin Thaxton Anderson

War Crimes Memoranda

No abstract provided.

Where Do The United States And Canada Stand Vis-A-Vis Other Countries Regarding Entrepreneurship - Discussion Following The Remarks Of Dr. Robert Hisrich, Discussion

Canada-United States Law Journal

No abstract provided.

International Travel And The Constitution, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …

List Of Speakers Proceedings Of The Canada-United States Law Institute Conference On Comparative Legal Aspects Of Entrepreneurship In Canada And The United States, Speakers

Canada-United States Law Journal

No abstract provided.