International Law Commons^™

Book Review, Tom Farer, Confronting Global Terrorism And American Neoconservatism: The Framework Of A Liberal Grand Strategy (2009), Russell A. Miller

Scholarly Articles

None available.

The Uneasy Case For Intellectual Property Rights In Traditional Knowledge, Stephen R. Munzer, Kal Raustiala

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Jumping The Pond: Transnational Law And The Future Of Chemical Regulation, Noah M. Sachs

Law Faculty Publications

Just as domestic pollution can cause transnational externalities, domestic environmental regulation can create transnational ripple effects in other jurisdictions. In this Article, I show how chemical regulation-long a weak link in the network of U.S. environmental laws-is about to be reshaped and reformed through the extraterritorial ripple effects of new European Union legislation. Contributing to both international law and environmental law scholarship, this Article shows how transnational information flows can be harnessed to end the longstanding drought of data on chemical toxicity in the United States. ·

Part I of this Article critiques the U.S. chemical regulatory regime, arguing that …

Introductory Note To International Court Of Justice: Decision On The Request For Interpretation Of The Avena Judgment, Chiara Giorgetti

Law Faculty Publications

On 19 January 2009, the International Court of Justice ("ICJ" or "the Court") issued its Judgment On the Request for the Interpretation of the Avena Judgment ("Judgment") denying Mexico's request for interpretation, and holding that the matters claimed by Mexico "are not matters which ha[d] been decided by the Court in its Judgment," and thus could not give rise to an interpretation as requested by 2Mexico.' This is probably the last step in a complex and lengthy litigation between Mexico and United States,2 which began on January 9, 2003, when Mexico instituted proceedings at the ICJ against the U.S. for …

Recycling The Past: Resettling Displaced Persons Communities In Northern Iraq With The Aid Of Heirless Property, Samantha Klein

Cardozo Journal of International and Comparative Law

No abstract provided.

Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

The current global financial crisis has provoked intense criticism of the regulatory framework for financial markets. Financial market flexibility, once considered the key to successful financial institutions and economic growth, has now come under intense scrutiny. In contrast, labor market flexibility is still promoted by scholars and international policymakers as an essential part of the recipe for economic development. This Article argues that the predominant understanding of labor flexibility is misguided and needs to be revised. To illustrate why, the Article undertakes a critical examination of labor flexibility as developed by a leading World Bank project, called “Doing Business.” It …

Double Jeopardy And Multiple Sovereigns: A Jurisdictional Theory, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and sharpens normative assessment of that doctrine.

The Article develops a jurisdictional theory of double jeopardy under which sovereignty signifies independent jurisdiction to make and apply law. Using this theory, the Article recasts the history of the U.S. Supreme Court's dual sovereignty doctrine entirely in terms of jurisdiction, penetrating the opacity of the term sovereign as …

International Decision, Civil Party Participation In Provisional Detention Appeals, Extraordinary Chambers In The Courts Of Cambodia, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Eu Law, International Law And Economic Sanctions Against Terrorism: The Judiciary In Distress?, P. Takis Tridimas

Faculty Scholarship

This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI. In its judgment under appeal, the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organizations in pursuance of UN Security Council (UNSC) Resolutions seeking …

Switzerland, Samuel P. Baumgartner

Akron Law Faculty Publications

Switzerland has the traditional Austro-German representative association procedures. Debate on adoption of other models, given the opportunity of the introduction of a first federal Code of Civil Procedure, reveals considerable cautious conservatism toward reform.

The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema

Michigan Journal of International Law

This Article adds to a nascent and still limited awareness that something important is afoot in international law: the activity of Conferences of the Parties (COPs) to multilateral environmental agreements (MEAs). Some of this activity-such as formal amendments to a treaty or protocol- requires a state party's consent before it will be binding on that state. This activity fits easily within traditional categories of the sources of international law and gives rise to new obligations for states that are identifiable as hard law. However, other activity by COPs does not require the consent of every state party to the treaty …

Avoid Or Compensate? Liability For Incidental Injury To Civilians Inflicted During Armed Conflict, Yael Ronen

Vanderbilt Journal of Transnational Law

Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the cost of their losses. In recent years there have been calls for a change in policy that would entitle victims of military attacks to compensation, even if their losses are incidental and non-fault-based. This Article explores the notion of such a quasi-strict liability rule, which is likely to disrupt the existing balance of powers and interests under the laws of armed conflict. Following an exploration of the conceptual basis for such an obligation, the Article examines the effect …

Arctic Warming: Environmental, Human, And Security Implications, Mary B. West

Vanderbilt Journal of Transnational Law

Arctic warming has myriad implications for the Arctic environment, residents, and nations. Although definitive predictions are difficult, without question the scope and rapidity of change will test the adaptive capacities of the Arctic environment as well as its residents. Warming is affecting marine ecosystems and marine life, terrestrial ecosystems, and the animals and people who depend on them. Human impacts include effects on access to food and resources; health and well being; and community cohesion, traditions, and culture. Increased shipping and resource activity create the need for additional maritime presence and security; better environmental and safety regulations; peaceful resolution of …

"Colonial Cousins: Explaining India And Canada’S Unwritten Constitutional Principles", Vivek Krishnamurthy

Publications

No abstract provided.

A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares

Faculty Publications

The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 27, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends case type, party identity, income level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators' notorious decisions, that biased …

The Graying Of The American Manufacturing Economy: Gray Markets, Parallel Importation, And A Tort Law Approach, Joseph Karl Grant

Journal Publications

This Article examines the history of the gray market in the United States through an analysis of both the domestic legislative framework and judicial treatment of gray market goods, primarily under trademark and copyright law. Part I of this Article provides a general introduction into the structural factors that cause parallel importation. Part II begins a discussion of trademarked goods by looking at the purposes of trademark law. Part III starts by discussing the relevant doctrines and provisions of the Copyright Act of 1976, which frame the gray market discussion. Part III concludes by examining the current debate and the …

Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman

University of Richmond Law Review

No abstract provided.

The Terrorism Risk Insurance Act: An Industry-Government Partnership, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves

Scholarly Works

Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …

International Law And The Torture Memos, Michael P. Scharf

Faculty Publications

This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror. The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no “compliance pull” on American policymakers in times of crisis.

Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Ross, Women's Human Rights: The International And Comparative Law Casebook, Mary Pat Treuthart

Pace Law Review

No abstract provided.

Strengthening Demand For The Rule Of Law In Post-Conflict Societies, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

Building the rule of law in the wake of military conflict has proven to be a complex and formidable challenge in countries as diverse as Iraq, Afghanistan, Timor-Leste, and Sierra Leone. It has become clear in these and other situations that strengthening the rule of law is not simply a matter of building institutions-courts, legislatures, and so forth-or enacting better laws. The rule of law also depends crucially on building public trust and confidence in those institutions. Or, to put it another way, strengthening the rule of law is not only a question of the supply side of institutions, but …

Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold

Georgetown Law Faculty Publications and Other Works

Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance both in terms of global administrative law and democracy. In relation to administrative law, it first explores the extent to which the WTO’s own dispute settlement process contributes to this area. Second, it considers the operation of administrative law principles embedded within the WTO Agreements on Members. For example, the WTO Agreements require that certain laws …

The Demise Of The U.N. Economic Sanctions Regime To Deprive Terrorists Of Funding, Jimmy Gurule

Journal Articles

In response to the September 11, 2001 terrorist attacks and the growing prevalence of terrorist activities around the world, the U.N. Security Council devised and implemented a global economic sanctions regime to freeze the funds, financial assets, and economic resources of individuals and entities who finance and support acts of terrorism. Pursuant to Chapter VII of the U.N. Charter, the Security Council adopted Resolutions 1267 (1999) and 1333 (2000), which impose duties on States to prevent and sup- press the financing of terrorism. The international economic sanctions regime established by these resolutions has been characterized as "the sole vehicle for …

Combatants And The Combat Zone, Mary Ellen O'Connell

Journal Articles

This short essay discusses that definition as it emerged following September 11, 2001. The essay compares the Administration's definition with the definition of combatant found in international law. This essay will not discuss in any detail the additional-and even more questionable-claim by the Administration that certain persons designated "enemy combatants" enjoy neither U.S. nor international human rights or IHL rights or protections.8 Suffice it to say that no human being can be denied his or her fundamental rights-there are no legal black holes.

Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The author examines how developments in international criminal law – including creation of the International Criminal Court and various hybrid tribunals – can have an impact on rule-of-law building efforts in post-conflict societies. Although trials of atrocity perpetrators primarily and appropriately focus on fairly trying the accused individuals, these processes also have a wider impact on public perceptions of justice and potentially can influence a society’s ability to embrace rule of law norms. The quality of outreach and capacity-building accompanying these trials may well have a decisive effect on whether these proceedings, on balance, strengthen or undermine public confidence in …

Antitrust In A Globalized Economy: The Unique Enforcement Challenges Faced By Small And Developing Jurisdictions, Michal S. Gal

Fordham International Law Journal

One of the main challenges of this decade in the antitrust arena is the creation of some form of cooperative international antitrust regime. The potential benefit of increased international trade and cooperative competition policies to all countries involved are enormous. This Article analyzes this issue from the point of view of small and developing jurisdictions. Part I sets the stage by suggesting a typology of the challenges created by globalization. Part II analyzes the current international antitrust regime from a wider perspective that incorporates the enforcement challenges faced by small and developing jurisdictions. Part III builds upon these findings and …

The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane

Fordham International Law Journal

This Article assesses the wisdom of the substantive laws enacted in the wake of 9/11 and the procedures set up to combat this enemy. This Article is divided into four parts. Part I evaluates the doctrinal debate relating to the definition of terror, terrorism and terrorists. More particularly, it attemps to demonstrate the difficulty in identify the "terrorist" that needs to be excluded, and how that definition affects the immigration laws. Part II sets the stage for a comparative analysis by briefly surverying the terrorism-related immigration laws and procedures of each jurisdiction to this study. Part III provides a detailed …

Between A Rock And A Hard Place: Tensions Between The U.S.-Rok Status Of Forces Agreement And The Duty To Ensure Individual Rights Under The Iccpr , Rijie Ernie Gao

Fordham International Law Journal

This Note argues that the Korea SOFA illustrates how the current approach to implementing SOFA agreements hinder state parties from complying with their legal obligations under article 2 of the ICCPR. Part I first provides an overview of the two competing bodies of international law at issue: the law governing the U.S. approach to foreign criminal jurisdiction, on the one hand, and the development of human rights law and the terms of article 2 of the ICCPR, on the other. Part II assesses the incompatibility between ICCPR and SOFA obligations from the point of view of both receiving and sending …