International Law Commons^™

Rejecting Refugees: Homeland Security's Administration Of The One-Year Bar To Asylum, Philip G. Schrag, Andrew I. Schoenholtz, Jaya Ramji-Nogales, James P. Dombach

William & Mary Law Review

Since 1980, the Refugee Act has offered asylum to people who flee to the United States to escape persecution in their homeland. In 1996, however, Congress amended the law to bar asylum—regardless of the merits of the underlying claim—for any applicant who fails to apply within one year of entering the United States, unless the applicant qualifies for one of two exceptions to the rule.

In the years since the bar was established, anecdotal reports have suggested that genuine refugees, with strong claims to asylum, have been rejected solely because of the deadline. Many scholars and practitioners suspected that this …

Rethinking Free Trade, Fernando L. Leila

Cornell Law School Inter-University Graduate Student Conference Papers

This paper examines the present theories and shortcomings of current free trade policy, and the consequences thereof, which promote protectionist behavior among countries on an international scale. Theoretically, free trade should encourage progress within the global community. However, developing countries, with astonishing growth rates, like Brazil, China or India, have based their economies on opposing economic policies, closer to mercantilism than liberalization or free trade, allowing for poor countries to question whether free trade is the right way to improve their economies. Furthermore, a huge gap exists between what developed countries preach and what they practice, presenting a major obstacle …

Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle

Pace Law Review

No abstract provided.

Mondrowitz V. State Of Israel, Ayala Procaccia, Miriam Naor, Elyakim Rubinstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

An appeal against the decision by the Jerusalem District Court whereby the State’s request to declare the appellant eligible for extradition to the United States, and this in order that he be criminally prosecuted for serious sex offenses against minors which he allegedly committed in the 1980s, must be granted. Until 1984, when he moved to Israel, the appellant was a resident and citizen …

Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy

2010 World Energy Justice Conference (November 5)

This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace small …

Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth

Law Faculty Research Publications

Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua

Pace International Law Review Online Companion

No abstract provided.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Nov. 2010, Bretton Woods Project, Out Of Sight, Out Of Mind, Bretton Wood Project

IFC E&S Performance Standards

No abstract provided.

Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp

American University Law Review

This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …

In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman

Seattle Journal for Social Justice

No abstract provided.

Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation, Sarah Willig

Cardozo Law Review

No abstract provided.

Harm Without Recourse: The Need For A Private Right Of Action In Federal Restraint And Seclusion Legislation, Alyssa Kaplan

Cardozo Law Review

No abstract provided.

Do We Need National Human Rights Institutions?: The Experience Of Korea, Buhm-Suk Baek

Cornell Law School J.S.D. Student Research Papers

Korea has experienced a drastic transformation in the "rule of law." During the colonization era, it was nearly impossible for Koreans to foster appropriate human rights. The Korean War further seriously damaged the human rights consciousness in Korea. Military governments ruled the country for 30 years, and it was not until the end of the 1980s that democracy returned. In 1998, Dae-Jung Kim who has been persecuted under the former military regime, was elected President and now exemplifies the progression of Korea "from a victim of human rights violations to a human rights leader." Following President Dae-Jung Kim's election promises …

The European Human Rights System, James W. Hart

Law Librarian Articles and Other Publications

This article presents the historical, organizational, and bibliographic information needed to research the Council of Europe’s regulation of human rights. It begins with an explanation of the reasons for the organization’s founding and then describes its statute, its structure, the Convention for the Protection of Human Rights and Fundamental Freedoms, the history of the changes in the treaty’s procedures, and its enforcement mechanisms. The final section provides similar treatment for another, less well known, of the Council’s human rights treaties, the European Social Charter

Reform Of The United Nations Security Council: A Rope Of Sand, Alice Minor

Independent Study Project (ISP) Collection

For nearly two decades the international community has debated how to address reform of the United Nations Security Council. Many argue that it is imperative that the United Nations Security Council be reformed for the body to maintain its relevance and legitimacy in the Twenty-first Century. The original United Nations Charter endowed special voting privileges and permanent membership to the five powers that emerged victorious from World War Two. These five powers no longer describe the international world order. Various reform groups such as the Group of Four, The United for Consensus movement, and the Africa Group have proposed reform …

Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby

Independent Study Project (ISP) Collection

The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …

Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry

Michigan Journal of International Law

In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …

International & Comparative Law Perspectives: Fall 2010, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond, Lin Feng, Jason Buhi

Buffalo Environmental Law Journal

No abstract provided.

The Mdgs And The (New) International Economic Order, Par Engstrom

Human Rights & Human Welfare

The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …

Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks

University of Miami International and Comparative Law Review

No abstract provided.

Managed Engagement: The Case Of Castro's Cuba, Daniel Fisk, Courtney R. Perez

University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines, Travis Bennion Olsen

University of Miami Inter-American Law Review

No abstract provided.

What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro

University of Miami Inter-American Law Review

No abstract provided.