International Law Commons^™

Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa

Articles by Maurer Faculty

No abstract provided.

Reclaiming International Law From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …

The Politics And Economics Of Software Intellectual Property Rights : Interacting Policies Of The United States, United Kingdom, Romania, Turkey, And International Organizations, Ersan Ozkan

Legacy Theses & Dissertations (2009 - 2024)

The Intellectual Property Rights is one of the key issues of the global economy as knowledge has become a key element in international trade. As the process of digitalization spreads, Software Intellectual Property Rights (SIPR) have become essential to the development of computer software industry. However, some developing governments do not fulfill the requirements of protecting SIPR; as a result, western entrepreneurs lose huge amounts of money. In order to prevent losses, developed countries established various organizations to watch and guide developing countries on SIPR issue.

Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines the impact of international terrorism on the policing (both the policing structures and policing strategies) of large globaized cities, with a focus on New York City and London. Combining historical analysis, secondary source material, and extensive interviews with police officials and officers, it seeks to examine the underlying structural constraints and resources that lead these cities to internationalize their counterterrorism efforts.

Varieties Of Marketization In China : The Impact Of Private Entrepreneurs, Local Governments, And State-Owned Enterprises, Ji-Yong Lee

Legacy Theses & Dissertations (2009 - 2024)

The dissertation examines roles and effects of local government and private entrepreneurial class focusing on three localities in China in the course of marketization, based on the assumption that, at the local level in post-Maoist China, transitional paths toward a market-based economy from the planned economy are significantly affected by leading actors such as local governments, private entrepreneurs, or state-owned enterprises; economic development and formation of vibrant local market economy tend to be strongest when led by private entrepreneurs and weakest when led by state-owned enterprises. It especially focuses on formation of private entrepreneurial class and its roles in constructing …

Holding An Arsonist's Feet To The Fire? - The Legality And Enforceability Of The Icc's Arrest Warrant For Sudanese President Omar Al-Bashir, Lucas Buzzard

American University International Law Review

No abstract provided.

Strengthening China's Regulatory Regime: How The United States Can Engage, Herbert Claiborne Pell

South Carolina Journal of International Law and Business

This article considers how the United States can constructively contribute to the development of a more effective regulatory regime in the People's Republic of China (PRC). It opens with a review of the history and issues associated with China's regulatory regime. It then surveys ongoing challenges and responses to these challenges. Finally, it considers the national interests of the United States and China in regulatory reform and proposes modest strategic initiatives for the United States to pursue in light of these analyses of need and common interest. The article's argument crosses the disciplinary boundaries of law, political science, sociology, economics, …

No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd

Faculty Publications

Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can subsequently withdraw its referral as part of a domestic peace agreement? The issue has arisen with respect to Uganda's interest in withdrawing its self-referral as part of a peace deal with the leaders of the Lord's Resistance Army. This article examines the Rome Statute, the drafting history, and the …

Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra

Faculty Publications

“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Faculty Publications

In the aftermath of the terrorist attacks of September 11, 21, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just “politics” and does not render a “compliance pull” on State decisionmakers. Critics have pointed out that Goldsmith and Posner’s identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers’ responses to such …

Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green

Faculty Articles

Clearly, religion and freedom do not yet coincide in many countries, however rosy their new constitutional claims are as to religious rights and freedoms for all. Apostasy, Blasphemy, Conversion, Defamation, and Evangelization-these are the new alphabet of religious rights violation in a number of regions around the world. Occurring at the intersection of religion and international human rights, these violations are also challenges to the universality of human rights and the democratic institutions that generate and affirm them.

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 Articles

The Article's overall aim is to determine the international enforceability of international class awards in cases in which the arbitration agreement is silent or ambiguous as to class treatment. Part I therefore describes the current consensus on class arbitration in the United States to lay the groundwork for further discussion. This Part also describes the incidence of class arbitration in other domestic contexts, showing that class arbitration is not as "uniquely American" as opponents have claimed. Part I continues with an overview of international class arbitration to date and identifies the likelihood of international class arbitration's expansion in the future. …

Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Igos And Juridical Organs, Janeth Diaz

Open Access Theses & Dissertations

Do the number of members, the level of democracy, and the level of institutionalization contribute to the creation and use of a juridical organ in IGOs? This study utilizes 495 IGOs in order to answer this question and examine which of these three elements, or all of them, are relevant to the creation and use of any type of juridical mechanism in an IGO. For each of these characteristics five dependent variables were tested. Empirical results indicate that neither the level of democracy nor the number of membership contributes to the creation and use of a juridical mechanism. In contrast, …

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

Scholarly Articles in Law Reviews & Journals

This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.

The article addresses …

History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

This article examines the historical origins of the Inter-American human rights system and key achievements of the Inter-American Commission on Human Rights over the past fifty years. The article also focuses on various notable activities and achievements of the Commission during three discreet periods between 1960 and 2004. It explores the Commission’s use of on-site visits and country reports to expose human rights violations of military governments during the 1970s and its increased use of the case system since the restoration of democratic rule in the 1990s. The article notes how key themes and shifts in US foreign policy, from …

Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Denver Journal of International Law & Policy

No abstract provided.

Guantanamo Habeas Review: Are The D.C. District Court's Decisions Consistent With Ihl Internment Standards, Laura M. Olson

Case Western Reserve Journal of International Law

No abstract provided.

International Economic Law In The Third World, James T. Gathii, Ibironke Odumosu

Faculty Publications & Other Works

No abstract provided.

War’S Legacy In International Investment Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

This article observes that the "Global War on Terror" as an organizing concept has been abandoned and proposes that the Obama Administration restore FDR's Four Freedoms in its place.

Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …

Embargo Or Blockade? The Legal And Moral Dimensions Of The U.S. Economic Sanctions On Cuba, Berta E. Hernández-Truyol

UF Law Faculty Publications

The almost fifty-year old U.S. economic policy towards Cuba—the embargo that is the topic of this essay. Indeed, not even on the naming of the economic policy can the camps agree. To those antagonistic to the revolution the policy is an embargo - an economic sanction constituting a legitimate government action that legally restricts the flow of goods, services and capital to the island in order to try to influence the Castro regime into changing its undemocratic ways. Such lawful restrictions simply signal justifiable disapproval of another country's policy with the goal of changing the state's behavior that is perceived …

Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie

Faculty Publications

Foreword to the International Committee of the Red Cross (ICRC) and the Frederick K. Cox International Law Center at Case Western Reserve University organized a two-day experts meeting on security detention, Cleveland, OH, 2009

Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble

Scholarly Works

In surveying recent literature on difficulties with cross-border injunctions in patent cases, one may conclude that the problem appears to be limited to the phenomenon of pan-European injunctions granted by some courts in Europe in cases concerning infringements of foreign patents. However, even in cases concerning domestic patents, injunctions reaching beyond national borders can be issued; the empirical evidence presented in the paper demonstrates a variety of such instances in U.S. patent cases. Certainly the existence of such injunctions in the U.S. raises concerns about their enforceability in other countries, particularly when they are issued against a foreign entity that …

Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson

Scholarly Works

This article argues that modern foreign direct investment law is a vestige of the colonial era during which early forms of transnational corporations emerged. Unlike international trade law and despite the dramatic developments of the twentieth century, foreign direct investment law remains largely unchanged. Due to a lack of political will, prior multilateral efforts to implement comprehensive foreign direct investment law reforms have been largely unsuccessful. However, in recent years, growing political will has emerged under the umbrella of Global Corporate Citizenship and related movements. This article posits that Global Corporate Citizenship is an opportunity to reframe and reform foreign …

The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble

Scholarly Works

In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law …

Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Proposed Expansion Of The Panama Canal, Carmen Gonzalez

Faculty Articles

Post-colonial societies endowed with abundant natural resources often under-perform economically when these resources are exploited as economic enclaves lacking significant linkages to other sectors of the economy. The Panama Canal, a symbol of Panamanian identity and a reminder of Panama's lengthy colonial history, has historically functioned as an economic enclave akin to the mineral extraction and industrial agriculture enclaves prevalent throughout the developing world. Based on a case study of the contentious decision to expand the Panama Canal, this article examines the ways in which the colonial legacy distorts the development planning process, and discusses strategies that might be deployed …