International Law Commons^™

The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter

Faculty Working Papers

This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional review jurisdiction to ICs based on a coding of legal instruments defining the jurisdiction of 25 ICs. I show how the design of ICs varies by judicial role and argue that the delegation of multiple roles to ICs helps explain the shift in IC design to include compulsory jurisdiction and access for nonstate actors to initiate litigation. I am interested in …

Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich

Faculty Working Papers

Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …

Cadbury Twenty Years On, Cally Jordan

Faculty Papers & Publications

This year marks the twentieth anniversary of the publication of the Cadbury Report, one of the most significant events in modern corporate governance. The Cadbury Report, and its simple two page 'best practices', triggered a global debate on corporate governance. 'Cadbury' codes of corporate governance spread like wildfire. The legacy of the Cadbury Report lives on in the UK with no diminution in the appeal of its voluntary code/comply or explain approach to corporate governance. But there are several clouds looming on the horizon. Comply or explain and voluntary codes of corporate governance appear to have run their course elsewhere …

Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin

Law Faculty Research Publications

The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …

Senses Of Sen: Reflections On Amartya Sen’S Ideas Of Justice, César Arjona, Arif A. Jamal, Carrie Menkel-Meadow, Victor V. Ramraj, Francisco Satiro

Faculty Papers & Publications

This review essay explores how Amartya Sen’s recent book, The Idea of Justice, is relevant and important for the development and assessment of transnational theories and applications to transnational justice and legal education programs. The essay captures a trans-jural dialogue of multinational scholars and teachers, discussing Sen’s contributions to moral justice theory (criticizing programs for “transcendental institutionalism” (like Rawlsian theory) and instead focusing on “comparative broadening” including empirical, relative, and comparative assessments of programs to ameliorate injustice in the world in its comparative concreteness (as in Indian social justice theory and Adam Smith’s Theory of Moral Sentiments and related …

Symposium: The Global Impact And Implemenation Of Human Rights Norms, Richard J. Goldstone

Global Business & Development Law Journal

No abstract provided.

Forward, Fausto Pocar

Global Business & Development Law Journal

No abstract provided.

The Global Impact And Implementation Of Human Rights Norms Introduction, Linda Carter

Global Business & Development Law Journal

No abstract provided.

Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar, Linda Carter

Global Business & Development Law Journal

No abstract provided.

Corporations And The European Convention On Human Rights, Winfried H. A. M. Van Den Muijsenbergh, Sam Rezai

Global Business & Development Law Journal

No abstract provided.

Human Rights And Delaware Corporate Law, David Millon

Global Business & Development Law Journal

No abstract provided.

The Law Of Responsibility: A Response To Fragmentation?, Kristen E. Boon

Global Business & Development Law Journal

No abstract provided.

From Fragmentation To Constitutionalization, Harlan Grant Cohen

Global Business & Development Law Journal

No abstract provided.

Fragmentation Of International Law: The Case Of International Finance & Investment Law Versus Human Rights Law, Sabine Schlemmer-Schulte

Global Business & Development Law Journal

No abstract provided.

What Is Meant By "Regulation": The Roles Devoted To Markets And Authorities In Times Of Crisis, Paul Nihoul, Blair D. Trigg

Global Business & Development Law Journal

No abstract provided.

Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver

Global Business & Development Law Journal

No abstract provided.

Get The Balance Right!: Squaring Access With Patent Protection, Kristen Osenga

Global Business & Development Law Journal

No abstract provided.

A Social Justice Perspective On The Role Of Copyright In Realizing International Human Rights, Steven D. Jamar

Global Business & Development Law Journal

No abstract provided.

Indian Patent Law And Trips: Redrawing The Flexibility Framework In The Context Of Public Policy And Health, V. K. Unni

Global Business & Development Law Journal

No abstract provided.

Interpretation Of Human Rights For The Protection Of The Environment In The European Court Of Human Rights, Svitlana Kravchenko, John E. Bonine

Global Business & Development Law Journal

No abstract provided.

A Tale Of Two Ironies: In Defense Of Tort, David F. Partlett, William W. Gill

Global Business & Development Law Journal

No abstract provided.

The Route Of Death For Central And South American Illegal Immigrants Can Come To An End With A Change In The United States' Policy, Sirenia Jimenez

Global Business & Development Law Journal

No abstract provided.

Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack

Global Business & Development Law Journal

No abstract provided.

From Institutional Misalignments To Socially Sustainable Governance: The Guiding Principles For The Implementation Of The United Nations' "Protect, Respect And Remedy" And The Construction Of Inter-Systemic Global Governance, Larry Cata Backer

Global Business & Development Law Journal

No abstract provided.

Litigating Palestine Before International Courts And Tribunals: The Prospects Of Success And Perils Of Failure, Victor Kattan

UC Law SF International Law Review

This Article examines the claim that United Nations (UN) membership will improve Palestine's ability to have recourse to international courts and tribunals. With the exception of seeking an advisory opinion from the International Court of Justice (ICJ) upon a referral from the UN General Assembly or as a result of a request from a specialized agency, Palestine must be a state in order to become a party to the ICJ in a contentious case and in order to accede to the Statute of the International Criminal Court (ICC). Because admission to the UN is based on the assumption that the …

Reporters As Refugees: Applying United States Asylum Laws To Persecuted Journalists In Mexico, Katy Mann

UC Law SF International Law Review

In 2010, Jorge Luis Aguirre became the first known journalist from Mexico to receive asylum in the United States. Aguirre, like many of his colleagues, had received several threats to his life for reporting on the drug-related violence and government corruption in Mexico. In fact, since Felipe Calderon assumed the presidency in Mexico in December 2006, more than thirty journalists in the country have been murdered or have disappeared. Faced with the possibility of becoming the next casualty in the ongoing drug war, several Mexican journalists have fled to the United States to apply for asylum.

Although the United States …

Is A Taking Something Lost Or Something Gained? Contrasting The Loss/Gain Focus Of Takings Cases In The United States And Australia, Duane L. Ostler

Barry Law Review

No abstract provided.

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Articles

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …

The Nonjusticiability Of Palestine: Human Rights Litigation And The (Mis)Application Of The Political Question Doctrine, Gwynne Skinner

UC Law SF International Law Review

The Political Question Doctrine is a problematic and an often misused doctrine that prevents courts from fulfilling their Article III responsibilities. Nowhere is this misuse more prevalent than in human rights cases involving Palestine, and in particular, human rights cases alleging misconduct by the Israeli government or officials. This Article discusses in detail courts' decisions regarding the Political Question Doctrine raised in human rights litigation, and analyzes courts' decisions in such cases involving Palestine. It notes the stark difference in both outcome and analysis regarding cases against the PLO, Arab Bank, or others acting in Palestinian interests - all of …

Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff

Florida A & M University Law Review

No abstract provided.