International Law Commons^™

From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy Meyer

Faculty Scholarship

The future of international lawmaking is in peril. Both trade and climate negotiations have failed to produce a multilateral agreement since the mid-1990s, while the U.N. Security Council has been unable to comprehensively respond to the humanitarian crisis in Syria. In response to multilateralism's retreat, many prominent commentators have called for international institutions to be given the power to bind holdout states-often rising or reluctant powers such as China and the United States-without their consent. In short, these proposals envision international law traveling the road taken by federal systems such as the United States and the European Union: from contractual …

Public And Private In International Investment Law: An Integrated Systems Approach, Julie A. Maupin

Faculty Scholarship

Members of the invisible college of international investment lawyers are engaged in a fierce battle over the conceptual foundations of their common legal enterprise. The debate centers on whether the international legal regime governing foreign direct investment is a de facto transnational public governance system or merely an institutional support structure for the settlement of essentially private investment disputes. These attempts to establish the public versus private nature of the regime are misconceived. International investment law deals with both public and private concerns, impacts upon both public and private actors, and crosses over traditional divides separating public law from private …

Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels

Faculty Scholarship

Article 3 of the Hague Principles on Choice of Law in International Contracts is the first quasi-legislative text on choice of law to allow explicitly for the choice of non-state law also before state courts. This paper, forthcoming in a Festschrift, puts the provision into a broader context, discusses their drafting history and particular issues involved in their interpretation. It also provides a critical evaluation. Article 3 does not respond to an existing need, and its formulation, the fruit of a compromise between supporters and opponents of choosing non-state law, makes the provision unsuccessful for state courts and arbitrators alike.

A State Preferences Account Of Customary International Law Adjudication, Curtis A. Bradley

Faculty Scholarship

The standard account today of customary international law (CIL) is that it arises from the widespread and consistent practice of states followed out of a sense of legal obligation. Although commonly recited, this account is plagued by evidentiary, normative, and conceptual difficulties, and it has been subjected to increasing criticism in recent years. This paper posits a different account of CIL, considered from the perspective of international adjudication. A fundamental problem with much of the theorizing about CIL, the paper contends, is that it fails to identify which decisionmaker it has in mind. Instead, the discussion proceeds as if CIL …

Comments On The September 29, 2014 Fsb Consultative Document, ‘Cross-Border Recognition Of Resolution Action’, Steven L. Schwarcz, Mark Jewett, Bruce Leonard, Catherine Walsh, David Kempthorne

Faculty Scholarship

This CIGI Paper No. 51 was released on December 3, 2014 by the Centre for International Governance Innovation (CIGI) as a response to the Financial Stability Board’s (FSB) Consultative Document, “Cross-Border Recognition of Resolution Action.” Principally authored by CIGI Senior Fellow Steven L. Schwarcz (who works with the think tank’s International Law Research Program), the Paper comments on the policy measures proposed by the FSB, an international body that monitors and makes recommendations about the global financial system, to address the cross-border legal uncertainties of troubled systemically important financial firms. In that context, the Paper explains why a statutory approach …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.

Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts, Alexis Lee Krivoshik

War Crimes Memoranda

No abstract provided.

Us-Visit System, Malea R. Hetrick

War Crimes Memoranda

No abstract provided.

Categorization Of Detainees And Standards Of Detention, Ellen Van Cleave

War Crimes Memoranda

No abstract provided.

The Right To Appeal, Julia Liston

War Crimes Memoranda

No abstract provided.

Trafficking In Human Beings: Partial Compliance Theory, Enforcement Failure, And Obligations To Victims, Leslie P. Francis, John G. Francis

Utah Law Faculty Scholarship

Trafficking—the coerced exploitation of people—is a major global concern. Primary forms of trafficking include sex trafficking, labor trafficking, trafficking in organs, trafficking in reproduction, and trafficking in child soldiers. This paper explores whether “host” countries — destinations for trafficking — have special obligations to provide trafficked persons with support needed to escape trafficking and to deal with the damage it has caused. This support includes asylum, healthcare, food, and shelter, at least for an initial period of time.

The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran

Loyola University Chicago International Law Review

No abstract provided.

Millennium Development Goal 4, Children's Health And Implementation Challenges In Africa: Does A Human Rights Based Appoach Suffice?, Obi Nnamuchi

Loyola University Chicago International Law Review

That the state of children’s health in Africa is abysmal is incontrovertible. Proof, if there is need for one, is the perennial underperformance of the vast majority of countries in the region in key dimensions of children’s health and wellbeing. Nonetheless, the point of interest in health policy literature is not on the underperformance per se but on the underlying causes and possible antidotes – a reason Millennium Development Goal (MDG) 4 (on reducing child mortality) holds special significance for countries in the region. This paper advances scholarship in this very critical area by projecting human rights as holding the …

Understanding The Decline In Transnational Adoption Channels: Whether The Children In Families First Act Is An Effective Response To The Exploitation Of Orphans, Jade Glory

Loyola University Chicago International Law Review

No abstract provided.

Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold

Loyola University Chicago International Law Review

No abstract provided.

Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble

Maryland Law Review

No abstract provided.

Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas

War Crimes Memoranda

No abstract provided.

The Problem Of Risk In International Criminal Law, Mark A. Summers

Faculty Scholarship

No abstract provided.

An Empirical Study Of Arbitrators Acting As Mediators In China, Fan Kun

Cardozo Journal of Conflict Resolution

Whether an arbitrator can and should act as a mediator in a pending arbitration is one of the most controversial issues in international arbitration. While mediation is not a new concept for the West, the practice of having the same person acts as both an arbitrator and a mediator in one proceeding has aroused great debate in theory and practice. The debate gives rise to delicate ethical issues, and touches the very core of arbitration, i.e., the mission of arbitrators.

Section II of the Article reviews relevant literature on the general attitudes of arbitrators in settlement facilitation. Section III defines …

A Cautious Expansion Of Direct And Public Incitement To Commit Genocide: Confusion Between Inchoate Offences And Modes Of Liability, Eric Peffley

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Spain, Gibraltar And Territorial Waters: A New Battleground For An Old Conflict, Jacob Lundborg

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Who Moved Our Rights? The Impact Of Palestinian Statehood On The Group Rights Of Palestinian Citizens Of Israel, Roy Peled

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

The international community recently officially recognized Palestinian statehood through a U.N. General Assembly resolution. The implications of self-determination for the people living in the Palestinian state-to-be are self-evident. Indeed, self-determination of Palestinians is one of the most widely discussed issues in international affairs. But there is little to no discussion on the impact of Palestinian Statehood on one group of Palestinians – namely the 1.6 million Palestinian citizens of the State of Israel. The leadership of this group of Palestinians campaigns not just to end discrimination against its individual members, but also for collective rights. They have a declared vision …

Treating The Contagion: An Analysis Of International Proposals For Regulating Money Market Funds, Shane Buamgardner

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Preserving The Province Of The Legislature: A Proposal To Amend The Alien Tort Statute, Marina Pantchenko

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

On October 1, 2012 the U.S. Supreme Court heard the second round of oral arguments in Kiobel v. Royal Dutch Petroleum Co. on the question of whether and under what circumstances the Alien Tort Statute (ATS) should recognize private causes of action for violations of the law of nations occurring in another sovereign country. This subject attracts intense discussions because the ruling on this matter threatens to affect continued human rights litigation in U.S. courts and corporate liability for human rights abuses occurring abroad. This Article follows the debates surrounding the ATS and ultimately proposes a modest amendment to the …

Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

One of the most persistent criticisms of international criminal tribunals has been that they cost too much and take too long. In response, this Article presents a new approach that utilizes two concepts: complexity and efficiency. The first half of this Article proposes a method for measuring the complexity of criminal trials and then uses that method to measure the complexity of the trials conducted at the International Criminal Tribunal for the former Yugoslavia (ICTY). The results are striking. Even the least complex ICTY trial is more complex than the average criminal trial in the United States, and the most …

Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks

Faculty Journal Articles and Book Chapters

This article contends that international criminal justice provides minimal general deterrence of future violations of international humanitarian law (IHL). Arguments that international courts and tribunals deter future violations – and that such deterrence is a primary objective – assume an internally inconsistent burden that the processes cannot bear, in essence setting international criminal justice up for failure. Moreover, the inherently limited number of proceedings, the length of time required, the dense opinions generated, the relatively light sentences and the robust confinement conditions all erode whatever limited general deterrence international criminal justice might otherwise provide. Bluntly stated, thousands of pages of …

An 'I Do' I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi

Faculty Journal Articles and Book Chapters

There is something special about marriage. The U.S. Supreme Court, in striking down anti-miscegenation laws, restrictions on the right to marry for disadvantaged groups, and most recently, the Defense of Marriage Act, has long recognized the marital union to be "sacred" and "fundamental to…existence." Yet this analysis is dramatically different when courts consider asylum law, where a woman who is seeking refuge in the United States to protect her from a forced marriage abroad will likely be denied protection because the harm she fears is not considered to be a "persecutory" act. She may therefore be forced to spend a …

Why The United States Cannot Agree To Disagree On Blasphemy Laws, Evelyn Aswad, Rashad Hussain, M. Suleman

Faculty Articles

At the Boston University International Law Journal's symposium "Realigning Western Policy and International Law after the Arab Spring," held on March 25, 2013, Professor Aswad gave the keynote address, where she described the extensive U.S. diplomatic efforts to promote the broadest possible protections for freedoms of expression and religion, even when it comes to speech that is considered blasphemous. A symposium participant asked why the United States cannot just agree to disagree with Muslim-majority countries on the treatment of blasphemy given the religious sensibilities in those countries and the number of other pressing equities the United States has pending with …

King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel

Faculty Articles

No abstract provided.

The Story Of Jewish Polygamy, Mark Goldfeder

Scholarly Works

This Article examines the intersection of law, religion, and culture in the evolution of polygamy in the Jewish tradition. It traces the development of Jewish thought on polygamy over time by assembling and analyzing relevant discussions, arguments, decisions, and biblical interpretations from the time of the Hebrew Bible passages, when plural marriage was an accepted part of Jewish society, to the early Middle Ages when the practice was formally and conclusively rejected. In doing so, the Article attempts to untangle the various influences-both practical and doctrinal, internal and external-on the evolution of marriage law in Jewish communities. These findings highlight …