International Law Commons^™

Afghanistan Legal Lessons Learned: Army Rule Of Law Operations, Eric Talbot Jensen, Amy M. Pomeroy

International Law Studies

No abstract provided.

Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson

International Law Studies

No abstract provided.

State Sovereignity In Airspace, Priyatna Abdurrasyid

Indonesian Journal of International Law

This article concentrates on the overall development of the historical air sovereignty concept since the time of Socrates/Plato, Ptolemius, Copernicus, Galilei-Galileo, Einstein and Stephen Hawkings. In 1994, finally, this air sovereignty concept was strongly embedded in Article 1 of the Chicago Convention 1944, after being analyzed/regulated at the Diplomatic Conference and the Paris Convention 1919.

Kewenangan Electoral Management Bodies Dalam Menangani Tindak Pidana Pemilu Dalam Perspektif Perbandingan, Topo Santoso

Indonesian Journal of International Law

This article discusses the role and power of the electoral management body regarding settlement of election irregularities. Every jurisdiction has its own approach and mechanism to prevent, oversee, and punish the perpetrator of the election irregularities and election offences. This article overview the differences of the Electoral Body’s role and power in the election offences settlement process. The conclusion is that, the role and power of the Philippine’s Electoral Commission (Comelec) is the widest and strongest compare to three other countries (Indonesia, Malaysia, Singapore). In order to have more effective settlement process, this article comes to the conclusion that the …

Wilayah Udara Negara (State Air Territory) Ditinjau Dari Segi Hukum Internasional Dan Nasional Indonesia, E. Saefullah Wiradipradja

Indonesian Journal of International Law

The status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it …

Strategi Pengelolaan Dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, Dan Operasional, Mufti Makaariim

Indonesian Journal of International Law

This article is written in order to answer an issue management and defense in Indonesian air territory. Nowadays, we need to build management strategy and defense system to dealing with threat in the decent manner. Defense system in territory is less adequate compared to defense system at land and sea. Thus, every obstacles starting from political level and legislation must be our concern. Defense system in the air territory must also be our future priority regarding the use of natural resources for the benefit of Indonesian people.

Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya Dan Menjaganya?, Harry P. Haryono

Indonesian Journal of International Law

Controversy always occurs in outerspace discussion where is no official definition of outerspace in any international regulations. The provisions set in Chicago Convention are also not enough to define the meaning of air space of a country and how to use it properly. Still controversy came one after another. In the absence of this provision, State often use other International Convention as an analogy to define their air territory such as UNCLOS 1982. Indonesia as an archipelagic state, who brings the issue of archipelagic state to the Third UN Conference on the Law of the Sea, has done many efforts …

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …

Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh

Cornell Law Faculty Working Papers

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.

Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord

Popular Media

No abstract provided.

Influenza A(H1n1) And Pandemic Preparedness Under The Rule Of International Law, Lawrence O. Gostin

O'Neill Institute Papers

A novel strain of Influenza A (H1N1) spread rapidly through Mexico in April 2009 and now spans the globe. By the time WHO was notified and responded, geographical containment was not feasible, leading the agency to call for mitigation. The international outbreak of SARS in 2003 and the more recent Influenza A (H5N1) among birds with limited transmission to humans helped prepare the world for the current pandemic threat. SARS galvanized the WHO to revise the antiquated International Health Regulations (IHR) in 2005, which took effect June 15, 2007. Governments instituted preparedness plans in response to avian influenza.

Despite increased …

Book Review: The Iraq War And International Law, Maxwell O. Chibundu

Faculty Scholarship

A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.

The Most Litigious People In The World, Jeff Rasley

Scholarship and Professional Work - LAS

Article for The Phi Beta Kappa Key Reporter about the contentious distribution of land in post-colonial Palau.

The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong

Faculty Publications

This article addresses a gap in the scholarly literature by comparing interpretive methodologies used by U.S. arbitrators to those used by international arbitrators to determine whether and to what extent U.S.-based class awards are enforceable outside the United States. Since many courts and arbitrators have claimed an analogy between consolidated and class arbitration, the article also considers whether such an analogy is appropriate as a matter of law and policy to identify whether the traditional disinclination to order consolidation can or should be extended to class proceedings. This second portion of the article is applicable to both domestic class arbitrations …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

What Next for Sri Lanka's 2.5 Million Tamils? by Amantha Perera. Time. May 26, 2009.

and

How to Defeat Insurgencies: Sri Lanka's Bad Example by Bobby Ghosh. Time, May 20, 2009.

The War Goes On - No Reconciliation At This Stage, Anja Mihr

Human Rights & Human Welfare

The victorious Sri Lankan President Mahinda Rajapaska has been quite bold to pass a reconciliation note after he declared the thirty year war over. Can he be taken seriously?

The Future For Collected Prosecutorial Evidence At The International Criminal Tribunal For Rwanda, Gerda Visser

Cardozo Public Law, Policy & Ethics Journal

The article focuses on the International Criminal Tribunal for Rwanda (ICTR) and its Office of the Prosecutor (OTP), emphasizing the need to balance the preservation of sensitive information with the public's right to access historical records. It highlights the ICTR's role in developing international criminal law standards and the challenges of managing its vast archive, particularly regarding witness protection, privacy, and future prosecutions. The article proposes establishing an international judicial archive with a legal reviewing body to oversee access to the OTP database, ensuring transparency while safeguarding sensitive data.

Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Free Speech And National Security, Geoffrey R. Stone

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar

Cardozo Public Law, Policy & Ethics Journal

The article argues that freedom of information (FOI) is a cornerstone of democratic societies, yet significant challenges persist in accessing information despite expanding legal frameworks. It emphasizes the importance of recognizing FOI as a fundamental human right and highlights the role of universities in promoting transparency and awareness through education and practical initiatives. The article also explores the "paradox of informed participation," where public engagement requires information that the public often lacks, and advocates for proactive measures to address this issue.

The Price Of Pictures, Lucille A. Roussin

Cardozo Public Law, Policy & Ethics Journal

The article explores the significant increase in the value of art since World War II, highlighting the evolution of the art market and the complexities surrounding the restitution of looted artworks. It examines the growth of the art market through specific examples, such as the sales of high-value paintings, and discusses the legal and emotional challenges of recovering artworks stolen during the Holocaust.

Protecting Cultural Heritage In Armed Conflict: Looking Back, Looking Forward, Patty Gerstenblith

Cardozo Public Law, Policy & Ethics Journal

The article argues that the destruction and looting of cultural property during armed conflicts, as exemplified by the 2003 Gulf War and its aftermath, highlight the urgent need for stronger enforcement of international legal frameworks, particularly the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. The failure of the United States to ratify this convention undermines global efforts to protect cultural heritage, despite the U.S. military already adhering to some of its principles through other legal frameworks. The article advocates for U.S. ratification of both the 1954 Hague Convention and its protocols to …

Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons

Indiana Journal of Global Legal Studies

International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …

Introduction: Global Constitutionalism From An Interdisciplinary Perspective, Anne Peters, Klaus Armingeon

Indiana Journal of Global Legal Studies

Global Constitutionalism – Process and Substance, Symposium. Kandersteg, Switzerland, January 17-20, 2008

The Merits Of Global Constitutionalism, Anne Peters

Indiana Journal of Global Legal Studies

Global constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national …

Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken

Indiana Journal of Global Legal Studies

Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise …

International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann

Indiana Journal of Global Legal Studies

Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …

Is There An International Environmental Constitution?, Daniel Bodansky

Indiana Journal of Global Legal Studies

The surge of interest among international lawyers in "constitutionalism" represents one of several efforts to reconceptualize internationa governance; others include the research projects on global administrative law and legalization. The article applies the constitutionalist lens to international environmental law-one of the few fields of international law to which constitutionalist modes of analysis have not yet been applied. Given the protean quality oft he terms "constitution"and "constitutionalism,"t he article begins by unpacking these concepts. By disaggregating these concepts into a number of separate variables, which have more determinate, unambiguous meanings, we can answer the question, "Is there an international environmental constitution?", …

When Common Interests Are Not Common: Why The Global Basic Structure Should Be Democratic, Andreas Føllesdal

Indiana Journal of Global Legal Studies

The global constitution-the fundamental international norms and structures that serve constitutional functions-should include mechanisms of democratic contestation and accountability. This central claim of global constitutionalism faces three objections extrapolated from arguments made by Andrew Moravcsik and Giandomenico Majone in debates about the democratic deficit of the European Union (EU): the global constitution only regulates issues of low salience for citizens; democratic control is explicitly counter to the self-binding system that international regulations aim to achieve; and the EU's track record suggests that democratic control at the international level may be unnecessary to ensure congruence between voters' preferences and actual regulations. …