International Law Commons^™

Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski

LLM Theses

This thesis evaluates Canadas compliance with human rights-based complementary international protection. Through an analysis of the roots of international refugee protection, it first links the evolution of the latter with the development of human rights law instruments. It then defines complementary protection as the corpus of legal bases for asylum claims outside of the Convention Relating to the Status of Refugees. It uses various human rights instruments to outline international protection obligations, which take three different forms of complementary protection. The first one consists in independent protection mechanisms outside of the Refugee Convention, the most important being the formulation of …

Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma

LLM Theses

The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …

The Foreign Commerce Clause, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article comprehensively addresses Congress’s powers under the Constitution’s Foreign Commerce Clause. Congress has increasingly used the Clause to pass laws of unprecedented and aggressive reach over both domestic and foreign activity. Yet despite the Clause’s mounting significance for modern U.S. regulatory regimes at home and abroad, it remains an incredibly under-analyzed source of constitutional power. Moreover, faced with an increasing number of challenges under the Clause lower courts have been unable to coherently articulate the contours of Congress’s legislative authority. When courts have tried, their efforts have largely been wrong. The Article explains why they have been wrong and …

The Law And Policy Implications Of 'Baited Ambushes' Utilizing Enemy Dead And Wounded, Chris Jenks

Faculty Journal Articles and Book Chapters

When a state's armed forces is engaged in hostilities, how long after an engagement or firefight before the international humanitarian law requirement to search for and care for the wounded and find and bury the dead is triggered? This military practitioner's note discusses the legal and policy implications of 'baited ambushes,' the practice of utilizing wounded and dead enemies as the bait for follow on forces, which are then engaged.

The 'Santiago Principles' And The International Forum Of Sovereign Wealth Funds: Evolving Components Of The New Bretton Woods Ii Post-Global Financial Crisis Architecture And Another Example Of Ad Hoc Global Administrative Networking And Related 'Soft' Rulemaking?, Joseph J. Norton

Faculty Journal Articles and Book Chapters

Beginning in the latter part of 2007, the proposed establishment of Chinese and Russian Sovereign Wealth Funds ("SWFs") sparked considerable governmental, intergovernmental and private financial and business sector interest in, and countervailing concerns as to, SWFs. This concern evolved into a growing realization that the cumulative asset size of SWFs was beginning to represent an increasingly significant (though not yet systemically significant) component of the international capital markets. This significance became further magnified when one considered the separate but related proliferation of other state-owned entities operating and investing globally. In addition, in the latter part of 2007, the U.S. and …

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Domesticating International Law Through Truth And Reconciliation Commissions: The Case Of The Liberian Trc, Jeremy I. Levitt

Journal Publications

African states actively domesticate international law through judicial capacity-building in, for example, Botswana’s Industrial Court’s use of the Convention for Elimination of All Forms of Discrimination Against Women (CEDAW) and International Labor Organization conventions in the Moatswi v. Fencing Center case; Chief Justice of the Supreme Court of Ghana’s creation of the Human Rights Division of the Ghana High Court; and the institution of a sexual crimes division—Liberia’s Court ‘‘E’’—by the Liberian legislature. Moreover, high courts in Africa have demonstrated their willingness to adjudicate cases using regional and international law. For instance, in Kaunda v. President of the Republic of …

The Conflict Between The Alien Tort Statute Litigation And Foreign Amnesty Laws, Carlee M. Hobbs

Vanderbilt Journal of Transnational Law

Since the landmark case Filartiga v. Pena-Irala, foreign individuals have increasingly utilized the Alien Tort Statute to raise claims of human rights violations in the United States federal courts. Defendants, however, have alleged that principles of international comity necessitate dismissal of the suit when the foreign country in which the human rights violations occurred has granted defendants amnesty. While the doctrine of international comity permits dismissal if the case requires a federal court to adjudicate the internal affairs of a foreign country, the Supreme Court held, in Sosa v. Alvarez-Machain, that the Alien Tort Statue grants U.S. courts jurisdiction over …

A Global Water Apartheid: From Revelation To Resolution, Itzchak Kornfeld

Vanderbilt Journal of Transnational Law

It is well settled in international human rights law that a human right to water exists. Nevertheless, to date, there has been little scholarship about what the practical contours of the right should be. If legal tools are to benefit the world's poor and disenfranchised, they cannot be void due to the impossibility of implementation. This is the problem with the purported human right to water: it is quixotic.

This Article proposes a pragmatic solution to the potable water problem for the world's poor. The solution offered here is based on a model of privatized access to water grounded in …

Al-Bihani, Not So Charming, Cara M. Walsh

Vanderbilt Journal of Transnational Law

In June 2008, the Supreme Court extended the Suspension Clause to foreign detainees at Guantanamo Bay, Cuba. Since then, courts have struggled to define appropriate standards to govern detainee habeas corpus petitions. Until recently, no court questioned the relevance of international law to the development of these standards. But, in January 2010, a D.C. Circuit panel held that international law does not constrain executive detention power. That decision could devastate detainee habeas corpus petitions by preventing courts from examining the heart of the government's own claimed detention authority.

This Note evaluates the proper role of international law during ongoing Guantanamo …

Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley

Publications

Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the Pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans …

A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner

Publications

The WTO framework can accommodate enforceable environmentally protective measures.

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

Publications

The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …

Propaganda For War And Transparency, Richard B. Collins

Publications

No abstract provided.

State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy

Publications

No abstract provided.

A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright

Journal Publications

No abstract provided.

Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate

Journal Publications

Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed …

The Importation Of Female Genital Mutilation To The West: The Cruelest Cut Of All, Patricia A. Broussard

Journal Publications

THE RECENT WIDESPREAD IMMIGRATION of African and Middle Eastern people and the importation of their traditions and practices into Western societies have given Westerners a firsthand view of cultural practices once shielded by distance, silence, and a bit of disinterest. Such is the case with Female Genital Mutilation ("FGM"). Prior to its importation, most Westerners had not heard the term female genital mutilation and certainly did not know what its impact has been on girls and women in the countries that practice it.

This Article will explore the phenomenon of the importation of the practice of female genital mutilation to …

Pluralism, Secularism And The European Court Of Human Rights, Zachary R. Calo

Scholarly Works

Beginning with its seminal 1993 decision in Kokkinakis v. Greece, the European Court of Human Rights has defined religious pluralism as an essential good of the liberal democratic society. Yet, in subsequent decisions traversing a range of legal issues [e.g. Sahin, Dahlab, Bayatyan, and Lautsi], the Court has rendered decisions facially at odds with the goal of advancing religious pluralism. This paper is concerned with assessing the discontinuity between the Court’s high embrace of normative religious pluralism and its failure to consistently realize this ideal in practice.The paper argues that the Court has failed to consistently render decisions in accord …

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre

Pace Law Review

No abstract provided.

Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta

Pace Law Review

No abstract provided.

Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne

Pace Law Review

No abstract provided.

Reclaiming The Right To Food As A Normative Response To The Global Food Crisis, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In 2009, the number of hungry in the world crossed the one billion mark, a dubious milestone that has been attributed in large part to consecutive food and economic crises. Over ninety-eight percent of these individuals live in the developing world. Ironically, a great majority are involved in food production as small-scale independent food producers or agricultural laborers. These facts and figures signal a definitive blow to efforts to reduce global hunger and lift the world's poorest from abject and dehumanizing poverty. They also bring to light the deep imbalance of power in a fundamentally flawed food system. Responses to …

Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall

Human Rights Brief

No abstract provided.

Sovereignty, Integration And Tax Avoidance In The European Union: Striking The Proper Balance, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States and the European Union legal order as a whole. This doctrine is problematic becasue it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without …

Following Only Some Of The Money In Russia, Ethan S. Burger

Georgetown Law Faculty Publications and Other Works

Russia adopted the necessary legislation so that it was accepted as a member of the Financial Action Task Force (FATF). It is a member of the UN Convention Against Corruption (although it refuses to enact legislation consistent with the obligations under the OECD Anti-Bribery Convention) and fought to prevent an effective mechanism to monitor compliance with the UN Convention. Russia has created state bodies to combat money laundering. Nonetheless, the Russian Federal Financial Monitoring Service appears to be highly selective in the matters it pursues and appears to lack adequate personnel and material resources.

The Case For Social Rights, Virginia Mantouvalou

Georgetown Law Faculty Publications and Other Works

This is part of the book Debating Social Rights (Oxford, Hart Publishing, 2010) where I am making the case for social rights and Professor Conor Gearty (LSE) is making the case against social rights. This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies. The …

Implementing Public Health Regulations In Developing Countries: Lessons From The Oecd Countries, Lawrence O. Gostin, Emily A. Mok, Monica Das Gupta, Max Levin

Georgetown Law Faculty Publications and Other Works

The enforcement of public health standards is a common problem in many developing countries. Public health agencies lack sufficient resources and, too often, enforcement mechanisms rely on slow and erratic judicial systems. These limitations can make traditional public health regulations difficult to implement. In this article, we examine innovative approaches to the implementation of public health regulations that have emerged in recent years within OECD countries. These approaches aim to improve compliance with health standards, while reducing dependence on both the legal system and the administrative resources of public health agencies.

This article begins by discussing some traditional forms of …