International Law Commons^™

War Through Pharmaceuticals: How Terrorist Organizations Are Turning To Counterfeit Medicine To Fund Their Illicit Activity, Douglas T. Cannon

Case Western Reserve Journal of International Law

No abstract provided.

A Call For The Eu To Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses, Jodie A. Kirshner

Northwestern Journal of Human Rights

No abstract provided.

Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman

Northwestern Journal of Human Rights

No abstract provided.

International Humanitarian Law And North Korea: Another Angle For Accountability, Morse Tan

Marquette Law Review

Throughout the last twenty years, the international focus on North Korea has predominantly been on its security issues while there is a paucity of scholarship exploring the legal implications of North Korea’s grave human rights violations. This Article attempts to bridge this void through international humanitarian law, which applies to North Korea’s continued hostilities and defiance on the Korean peninsula and around the world.

This Article further analyzes international law in relation to North Korea’s repeated irresponsible military provocations against South Korea, the United States, and the world. It looks at such actions through an international humanitarian law lens, which …

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs

Michigan Journal of International Law

The ICC is well known in international legal circles. Indeed, everyone who knows anything about international law knows that the ICC is the acronym for the International Criminal Court, the body charged with prosecuting international crimes around the globe. Created in 2002, the ICC was intended to “put an end to impunity” for the perpetrators of international crimes” and to affirm “that the most serious crimes of concern to the international community as a whole must not go unpunished.”1 Imagine, however, a world where the “ICC” instead was an acronym for the International Compensation Court. That is, what if the …

Inciting Genocide With Words, Richard A. Wilson

Michigan Journal of International Law

During the 1994 genocide in Rwanda, observers emphasized the role of media propaganda in inciting Rwandan Hutus to attack the Tutsi minority group, with one claiming that the primary tools of genocide were “the radio and the machete.” As a steady stream of commentators referred to “radio genocide” and “death by radio” and “the soundtrack to genocide,” a widespread consensus emerged that key responsibility for the genocide lay with the Rwandan media. Mathias Ruzindana, prosecution expert witness at the ICTR, supports this notion, writing, “In the case of the 1994 genocide in Rwanda, the effect of language was lethal . …

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai

Loyola of Los Angeles Law Review

The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …

The Legal Status Of Employees Of Private Military/Security Companies Participating In U.N. Peacekeeping Operations, Mohamad Ghazi Janaby

Northwestern Journal of Human Rights

No abstract provided.

Nexus Redux, Anjum Gupta

Indiana Law Journal

Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some evidence, …

Self-Determination And Secession Under International Law: The New Framework, Milena Sterio

Law Faculty Articles and Essays

This Article argues toward the necessity to develop a new international law framework on secession. The development of such a normative framework is necessary in order to address various secessionist situations around the globe and to replace the resolution of secessionist struggles through politics of the Great Powers with true legal norms.

This Article first analyzes several examples of successful and failed secessions in recent history. Next it focuses on existing international law on the subject matter of secession and concludes that existing norms are insufficient and indefinite. Finally, it develops a new proposed framework on secession, which attempts to …

Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King

Indiana Law Journal

The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …

Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass

Loyola of Los Angeles Law Review

Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …

Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …

Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson

Loyola of Los Angeles Law Review

Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …

Global Hegemon: Chinese Foreign Policy Shifts And Elevated Unpko Involvement, Alex Berge

Political Science Theses and Capstones

A common question being asked in many circles is whether China will emerge as a potential rival to the U.S. as a global superpower? If the answer to this question is “yes” many ask how China will accomplish this. Research suggests that China will obtain superpower status through increased global presence and more cooperation in international organizations, specifically United Nations Peacekeeping Operations (UNPKO). The literature examines Chinese policy changes that allow for more contributions and activity in UNPKOs and also what missions China can now participate in from which it would have formerly abstained. The preliminary results have shown massive …

International Law And National Courts: Between Mutual Empowerment And Mutual Weakening, Osnat Grady Schwartz

Cardozo Journal of International and Comparative Law

Over the past two decades, national courts have increasingly engaged with international law in fields and cases they used to avoid before. This Article argues that national courts' voluntary/discretionary application of international law and their greater openness to it are incentivized by the power offered to courts by international law. It empowers them directly - through making them direct subjects of it, advancing the rule of law, and offering institutional backup in the form of international courts and tribunals - and indirectly - by offering them a normative tool kit to be used in their decisions and amplify their legitimacy. …

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Articles

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone ("SCSL'), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain.

This article, from an insider who …

Transitional Justice And Judicial Activism— A Right To Accountability?, Ruti Teitel

Articles & Chapters

Victims of systemic rights abuses, their families, and non-governmental organizations are turning to international and regional human rights tribunals to address the failure of states to investigate, prosecute, and remedy past human rights violations. In many cases this relates to acts that occurred decades ago and for which a previous repressive regime was responsible. In other cases there may be powerful interests within the state, such as the police or security service, that are complicit with the violations in question. This Article explores the historical and political contexts in which these cases have arisen, how the courts approach the question …

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Faculty Publications

No abstract provided.

Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Why Should We Not Protest For Consumption Tax Reduction? Consumption Tax Rate As A Partial Mechanism For Increasing Consumer Wealth, Limor Riza, Noam Sher

Loyola of Los Angeles International and Comparative Law Review

If you are an activist protesting against the high costs of living, we would like to offer you one suggestion: do not demand that the government reduce consumption tax. Social activists tend to believe that a government policy reducing consumption tax can, by itself, benefit the general population. This paper explains our suggestion to the contrary.

The tax field alone is insufficient for consumption tax reduction to be effective in increasing consumer wealth over benefiting suppliers. Due to cognitive biases, or heuristics, when the government changes consumption tax rates in order to increase consumers’ well-being, suppliers are able to …

Caucasian Powder Keg: Ramil Safarov’S Transfer And Its Effect On Armenian-Azerbaijani Relations, Daniel Rossi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Re-Clarifying China’S Trust Law: Characteristics And New Conceptual Basis, Kai Lyu

Loyola of Los Angeles International and Comparative Law Review

The common law trust institution always encounters modifications when it is transplanted to civil law jurisdictions. China designs its Trust Law with three characteristics in the process of localization: indeterminate title of trust assets, settlor’s intrusive rights, and beneficiary’s right in personam with two peculiarities. By virtue of these characteristics, Chinese lawmakers and politicians expect to make the trust institution more acceptable for the general public and orchestrated with the civil law tradition. However, these characteristics give rise to theoretical confusions and practical obstacles. This unintended result is not caused by insufficient rules in the Trust Law but by a …

The Pacific Alliance And Its Effect On Latin America: Must A Continental Divide Be The Cost Of A Pacific Alliance Success?, Christine Daniels

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Dynamic Allocation Of Burden Doctrine As A Mitigation Of The Undesirable Effects Of Iqbal’S Pleading Standard, Nicolás J. Frías Ossandón

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Franchise And Contract Asymmetry: A Common Trans-Atlantic Agenda?, Tibor Tajti

Loyola of Los Angeles International and Comparative Law Review

Normative legal theories, no matter whether pluralist or monist, tend to formulate what the law should be. Based on what values, either on a purely theoretical plane, or based on a single or a few paradigm contracts – the contours of which seem to be most solidified according to common opinion – like sales contracts. They fail, however, to answer the query about what happens in cases of newer-generation contracts, such as franchise contracts, one of the quintessential features of which is information and strategic asymmetry. The basic premise of this article is that given the European popularity of business …