International Law Commons^™

Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article places the emerging “responsibility to protect” within the historical development of international human rights and criminal law, while also attempting to more fully theorize the responsibility to ensure that it can be a basis for action in the face of a state’s commission of atrocities against its citizens. The main point of departure concerns the issue of “right authority” at that point in time when a coercive intervention is justified. Rather than rely solely on the Security Council in these situations, this article contends that unilateral and multilateral action must be countenanced by a fully theorized “responsibility to …

International Assistance And Cooperation For Access To Essential Medicines, Emily A. Mok

Georgetown Law Faculty Publications and Other Works

Access to essential medicines is a critical problem that plagues many developing countries. With a daunting number of domestic constraints technologically, economically, and otherwise developing countries are faced with a steep uphill battle to meet the human rights obligation of providing essential medicines immediately. To meet these challenges, the international human rights obligations of international assistance and cooperation can play a key role to help developing countries fulfill the need for access to essential medicines. This article seeks to highlight and expand upon the current understanding of international assistance and cooperation for access to essential medicines through a review of …

Table Of Contents - Issue 2

South Carolina Journal of International Law and Business

No abstract provided.

Why Congress Should Expand The Subject Matter Jurisdiction Of The United States Court Of International Trade, Devin S. Sikes

South Carolina Journal of International Law and Business

No abstract provided.

Corporate Misbehavior & International Law: Are There Alternatives To Complicity, Miriam Mafessanti

South Carolina Journal of International Law and Business

No abstract provided.

H-1b Visa Legislation: Legal Deficiencies And The Need For Reform, Alaina M. Beach

South Carolina Journal of International Law and Business

No abstract provided.

Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton

South Carolina Journal of International Law and Business

No abstract provided.

Judicial Terrorism - Analysis Of The Exxon/Venezuela Litigation And Prejudgment Attachment Under The Foreign Sovereign Immunities Act, Matthew Nickles

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

Entrepreneurship And Innovation: The Hidden Costs Of Corporate Governance In Europe, Jose Miguel Mendoza, Christoph Van Der Elst, Erik P. M. Vermeulen

South Carolina Journal of International Law and Business

No abstract provided.

Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs

South Carolina Journal of International Law and Business

No abstract provided.

The Cure Causes New Symptoms: Capital Control Effects Of Tax Enforcement, Gold Regulation, And Retirement Reform, Beckett G. Cantley

South Carolina Journal of International Law and Business

No abstract provided.

Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson

South Carolina Journal of International Law and Business

No abstract provided.

The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It, Christiana Ochoa, Patrick J. Keenan

Articles by Maurer Faculty

In April 2010 the International Finance Corporation announced the creation of the African, Latin American, and Caribbean fund, a new co-investment vehicle funded largely with commitments from sovereign wealth and pension funds. The fund's objective was to draw on the IFC and the World Bank's strengths in emerging markets to identify and support enterprises that might not otherwise have come to the attention of large investors and thereby help strengthen the private sector and alleviate poverty in some of the world's poorest countries. Unfortunately the fund has, so far, proven a disappointment. It has invested only in large corporations that …

A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann

Articles & Chapters

This essay responds to Martin Chanock's argument that race tainted the entire enterprise of South African judging. It seeks to understand how that could have been so, and looks to such driving forces as whites' guilt, denial, identity-building, self-protection, and legitimation for explanations. Then it asks whether an institution so tainted should now be altogether abandoned as part of the rebuilding of post-apartheid South Africa. The essay answers that much should be changed, but that the existence of a judiciary laying claim to a special expertise and responsibility in interpreting law and protecting rights a key heritage of the old …

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

Cornell Law Faculty Publications

Nearly fifteen years ago, Audrey 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, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the …

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Cornell Law Faculty Publications

This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …

Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas

Cornell Law Faculty Publications

The debate over immigration policy in the United States has reached a crescendo in recent years, with particular concern over illegal workers and their impact on social well-being in this country. Yet in the prevailing analysis of this issue, the relationship between immigration and contemporary international trade policy is often overlooked. In particular, few commentators recognize or understand that a significant part of the surge in illegal labor from Mexico--the source of the majority of undocumented workers in the United States—stems from reforms that Mexico undertook in cooperation with the United States to liberalize trade flows across the Mexico-United States …

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.

The Global Food Crisis: Law, Policy And The Elusive Quest For Justice, Carmen G. Gonzalez

Faculty Articles

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …

Henry T. King, Jr., At Case, And On The Nuremberg Case, John Q. Barrett

Faculty Publications

Prof. Barrett reflects on his “teacher, colleague and friend for the past eight years,” Henry T. King, Jr. Through work at conferences, with the Robert H. Jackson Center and in many private discussions, Henry King became Prof. Barrett’s "Nuremberg colleague" in the academic and historical senses of that phrase. Henry also hoped and assumed that his friends at Case Western would, after his death, do right by his memory and convene a memorial event. Henry directed Prof. Barrett to attend on this occasion to speak about him and Case Western, and about him and Nuremberg.

Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum

Faculty Publications

(Excerpt)

Thanks to Janet Halley and Jeannie Suk for organizing this amazing workshop. Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire.

My own work looks at how the state regulates gender in the "public" sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of …

Elusive Equality: The Armenian Genocide And The Failure Of Ottoman Legal Reform, Mark L. Movsesian

Faculty Publications

I would like to thank the organizers for inviting me to deliver some remarks this morning. By way of background, I am not a historian or genocide scholar, but a law professor with an interest in comparative law and religion. Comparative law and religion is a relatively new field. It explores how different legal regimes reflect, and influence, the relationships that religious communities have with the state and with each other. My recent work compares Islamic and Christian conceptions of law, a subject that has engaged Muslims and Christians since their first encounters in the seventh century.

When I approach …

From Kosovo To Catalonia: Separatism And Integration In Europe, Christopher J. Borgen

Faculty Publications

In July 2010 the International Court of Justice rendered its Advisory Opinion on the legality of Kosovo's declaration of independence and the Constitutional Court of Spain rendered an opinion concerning the autonomy of Catalonia. Two very different cases, from very different places, decided by very different courts. Nonetheless, they each provide insights on the issue of separatism in the midst of European integration. Does the Kosovo opinion open the door for other separatist groups? Does the process of European integration increase or undercut separatism? In addressing these questions, this article proceeds in three main parts. Part A briefly recaps the …

On Being Accountable In A Kaleidoscopic World, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

In this lecture, the author explores the concept of accountability in the changing world in which international law operates, and to draw upon my own recent experience chairing the Inspection Panel at the World Bank. In doing so, I want especially to recognize the concerns of poor people and bring their plight into the discussion of accountability.

The world today differs sharply from that when the United Nations was formed, some 65 years ago. In that world, there were only 51 states, few international organizations, a nascent global civil society, only 2 billion people, many of whom lived under colonialism …

Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case, Robert Howse, Ruti Teitel

Articles & Chapters

No abstract provided.

Negotiating Implementation Of A Peace Agreement: Lessons Learned From Five Years At The Negotiating Table, Amos N. Guiora

Cardozo Journal of Conflict Resolution

For five years (1994-1999), I directly negotiated on-theground implementation of the Oslo Peace Process in the Gaza Strip. In my capacity as the Judge Advocate General's ("JAG") Corps Legal Advisor to the Israel Defense Forces ("IDF") Commander, Gaza Strip (1994-1997), I had primary responsibility for both interpretation and negotiation, first for the Gaza-Jericho Agreement and subsequently for the Interim Agreement as it applied to the Gaza Strip.

Fulfilling The Washington Principles: A Proposal For Arbitration Panels To Resolve Holocaust-Era Art Claims, Jessica Mullery

Cardozo Journal of Conflict Resolution

This Note highlights increased efforts to foster the restitution of Nazi-looted art, particularly on the U.S. front, during the 1990s, with emphasis on the Washington Conference in 1998. It is then contended that the Washington Principles have ultimately failed to result in the adoption of ADR mechanisms to deal with continuing Holocaust-era art claims in both the United States and abroad. The lack of both United States and international efforts subsequent to the Washington Conference, especially in failing to establish ADR mechanisms, is stressed in order to demonstrate the inadequacy of the Washington Principles. Ongoing cases and emerging litigation within …

Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti

Cardozo Journal of Conflict Resolution

This Note will explore the pros and cons of using victim-offender dialogue in cases of human trafficking. In the first part of the Note, a background on human trafficking will be provided, including current statistics on human trafficking cases and the effects on victims. Restorative justice will be discussed in the second part of the note, with specific emphasis on VOD. The third part of the Note will explore how the criminal system has used VOD, beginning with low-level crimes and then exploring how VOD has been applied to serious and violent crimes. This Note will then propose the application …

International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant

Law Faculty Scholarship

Judicial decisions of the International Criminal Court and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer “subsidiary” sources as that word is used in the International Court of Justice Statute, Art. 38. In the same fields of customary international law, other binding acts of international organizations, such as the UN Security Council, are also used as practice, and the statements of these …