International Law Commons^™

Targeted Killing And Just War: Reconciling Kill-Capture Missions, International Law, And The Combatant Civilian Framework, Louis H. Guard

Cornell Law Library Prize for Exemplary Student Research Papers

This paper addresses how kill-capture missions can be reconciled with the underlying principles of just war theory. Part I of this paper outlines the traditional just war combatant-civilian framework and the basic legal doctrines currently thought to apply to targeted killing. Part II advances a new conception of the traditional combatant-civilian framework that incorporates the third category of alternative belligerents by showing how groups such as al Qaeda are neither combatants nor non-combatants in the just war sense and thus compel the creation of a third conceptual category. Part III of the paper applies the new framework to the kill-capture …

Yassin V. Minister Of Defense, Asher Grunis, Salim Joubran, Uzi Vogelman

Translated Opinions

In HCJ 9060/08 petitions were filed with the High Court against the illegal construction of structures on a site next to the Beit El settlement. Following a series of hearings the State notified the court of its adoption of a policy concerning the demolition of illegal building on private land and the arrangement of construction on State land. As a result of this policy, illegal construction located on private land would be removed. The Court gave a judgment giving effect to the State's undertaking to ensure the removal of the illegal structures within one year of the filing of said …

Real-Time Solution To Refund Fraud: Vat Lessons From Belgium, Brazil, And Quebec, Richard Thompson Ainsworth

Faculty Scholarship

This article provides support for a proposal to eliminate refund fraud in the U.S. by turning Forms W-2, and 1099 into self-certified/ self-authenticated tax documents. The proposal suggests that a “digital signature” of these documents should be taken after they are completed. The signature should then be made part of the final document.

This proposal was initially advanced in Refund Fraud? Real-Time Solution! The underlying premise of that article was that the US could dramatically reduce, if not eliminate, refund fraud if it borrowing digital security techniques from the VAT. The article did not however, explain or expand upon these …

Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph

Pepperdine Law Review

No abstract provided.

International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey

Pepperdine Law Review

No abstract provided.

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

Pepperdine Law Review

No abstract provided.

Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective , Cedric C. Chao, Christine S. Neuhoff

Pepperdine Law Review

No abstract provided.

Bridging The Divide: An Alternative Approach To International Labor Rights After The Battle Of Seattle, Stephen F. Diamond

Pepperdine Law Review

The massive protest by labor, human rights, and environmental activists at the Ministerial Conference of the World Trade Organization in Seattle in late 1999 was a singular event in global trade politics. It represented a major setback for the proponents of free trade and for the "globalization" process itself. It reflected, and has now influenced, the contours of American domestic politics as well. At the heart of the Seattle events was a new coalition between trade unions, led by the American AFL-CIO, and a wide range of protest groups and non-governmental organizations. This new coalition represents a potent force but …

International Dispute Settlement At The Trademark-Domain Name Interface, Laurence R. Helfer

Pepperdine Law Review

No abstract provided.

Investor-State Disputes Under Nafta: A Tale Of Fear And Equilibrium, Charles H. Brower Ii

Pepperdine Law Review

No abstract provided.

Repairing The Consequences Of Ethnic Cleansing, John Quigley

Pepperdine Law Review

No abstract provided.

A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. Mccullough

Pepperdine Law Review

No abstract provided.

Traveling To The Hague In A Worn-Out Shoe, Friedrich K. Juenger

Pepperdine Law Review

No abstract provided.

The Tattered Tapestry Of International Law, William J. Aceves

Pepperdine Law Review

No abstract provided.

The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff

Faculty Scholarship

For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four …

Peace Through Justice?: Evaluating The International Criminal Court, Katherine Ann Snitzer

International Studies Honors Projects

This thesis looks at the recently created International Criminal Court (ICC) and its early cases in Uganda, the Democratic Republic of Congo, and Sudan. The central questions are: how does the Court impact peace building in the war-torn countries whose cases it handles? And is there a tension between peace and justice in these cases? The case studies demonstrate that while rhetoric linking peace and justice dominates the Court, the ICC is ill equipped to address the complex interaction of the two in specific countries. The Court’s narrow mandate and powers mean that practical and political concerns dominate its decision-making …

Mossville Environmental Action Now V. United States: Is A Solution To Environmental Injustice Unfolding?, Jeannine Cahill-Jackson

Pace International Law Review Online Companion

This article chronicles and analyzes the Inter-American Commission on Human Rights (IACHR) case resulting from the petition: Mossville Environmental Action Now v. United States. Part I illuminates the harms faced by the residents of Mossville and the little that has been done to remedy their situation. It provides an in-depth look at the data that has been collected by the U.S. government and analyzed by the members of Mossville Environmental Action Now, which shows levels of dioxin contamination in both the people and the environment of Mossville and their significance. Part I also discusses environmental racism and environmental justice …

Should Cyber Exploitation Ever Constitute A Demonstration Of Hostile Intent That May Violate Un Charter Provisions Prohibiting The Threat Or Use Of Force?, Anna Wortham

Federal Communications Law Journal

More and more, the United States and other countries rely on complex infrastructures that are primarily controlled by information technology. Although extremely destructive cyber threats and attacks against nations are a reality, the laws governing cyber exploitation have not kept pace with this threat. Because the United States and other nations may use cyber capabilities offensively as well as defensively, it is important that the laws for engaging in such cyber conflict be well defined. Currently, it seems unlikely that cyber exploitation can ever be regarded as a threat or use of force under the UN Charter because it is …

Friend, Not Foe: The Role Of Civil Society In Preventing Violent Extremism, David Cortright, Alistair Millar, Linda Gerber-Stellingwerf, George A. Lopez

Notre Dame Journal of International & Comparative Law

No abstract provided.

Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, And A Federal Court Nightmare From Here To Guantanamo, Thomas A. Durkin

Notre Dame Journal of International & Comparative Law

No abstract provided.

Civil Liberties, Fear, And Terrorism, John Mueller, Mark G. Stewart

Notre Dame Journal of International & Comparative Law

No abstract provided.

Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell

Notre Dame Journal of International & Comparative Law

No abstract provided.

Islamic Legal Theory And The Context Of Islamist Movements, Cynthia Shawamreh

Notre Dame Journal of International & Comparative Law

No abstract provided.

Terrorism In Violation Of The Law Of Nations, Juliet Sorensen

Notre Dame Journal of International & Comparative Law

No abstract provided.

Leveraging Extractive Industry Infrastructure Investments For Broad Economic Development: Regulatory, Commercial And Operational Models For Railways And Ports, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for mineral railways and ports.

Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …

Managing Expectations: Beyond Formal Adjudication, Susan Franck

Scholarly Articles in Law Reviews & Journals

The international investment system has depended heavily on international arbitration to provide guidance and clarification on the standards contained in international investment agreements. In order to assess the system realistically, this commentary discusses unpacking stakeholder expectations by recognizing where expectations may have been overly optimistic and thinking systematically about the mechanisms through which to capture and manage regulatory discretion. This article evaluates ideas expressed by Anne van Aaken and Bart Legum, which consider different ways to achieve regulatory and commercial balance, and offers a lens for thinking systematically about managing stakeholder expectations in the international investment system. A critical issue …

Misappropriation And Patenting Of Traditional Ethnobotanical Knowledge And Genetic Resources, Maxim V. Gubarev

Journal of Food Law & Policy

Four-fifths of all pharmaceuticals have been developed from natural plant resources, and native plant resources similarly play a significant role in the development of new and improved crops.

Chief Justices Marshall And Roberts And The Non-Self-Execution Of Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This article is a response to David L. Sloss, Executing Foster v. Neilson: The Two-Step Approach to Analyzing Self-Executing Treaties, 53 Harv. Int'l L L.J. 135 (2012).

David Sloss’s article, Executing Foster v. Neilson, is an important contribution to the literature on the judicial enforcement of treaties. The author agrees with much of it, as he agrees with much of Professor Sloss’ other writing on treaties. In particular, the author agrees that the two-step approach to treaty enforcement that Professor Sloss proposes is generally the right approach, and he agrees that the “intent-based” approach to the self-execution issue …

Transfer Pricing: Case Studies Of The Cup Method, Richard Thompson Ainsworth, Andrew Shact

Faculty Scholarship

All transfer pricing regimes give priority to the comparable uncontrolled price (CUP) method. Despite declarations that transfer pricing is a search for the “best method” or “most appropriate method,” all systems concede that the search is over when an exact comparable is found because a CUP is preferred over all methods. The best CUP is an exact CUP because it provides an arm’s length price that is not calculated. The price emerges directly from the comparison.

CUPs have traditionally been the most commonly applied method for both taxpayers and the government. They are the judicial gold standard. They hold sway …