International Law Commons^™

Volume 47 Issue 1 (2015), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Freezing Out Noncompliant Ships: Why The Arctic Council Must Enforce The Polar Code, Richard Wanerman

Case Western Reserve Journal of International Law

No abstract provided.

Electric Currents: Programming Legal Status Into Autonomous Unmanned Maritime Vehicles, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

Introduction, Maxwell J. Mehlman, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

Does Animal Welfare Trump Religious Liberty? The Danish Ban On Kosher And Halal Butchering, R J. Delahunty

San Diego International Law Journal

Western European governments since the eighteenth century Enlightenment have frequently enacted laws and regulations that have adverse effects (sometimes intended) on traditional Jewish ritual practices, including Sabbath observance, dress, and dietary practices. Regulations of the latter kind have often been adopted in the name of sparing animals from the purportedly cruel and inhumane methods used in the Jewish ritual slaughtering of cattle. Last year, the Danish Ministry of Food and Agriculture issued regulations that require the stunning of cattle before they can be slaughtered. Defended on the grounds of animal welfare, the regulations had the foreseen effect of precluding the …

“Online Pharmacy Regulation: How The Ryan Haight Online Pharmacy Consumer Protection Act Can Help Solve An International Problem”, Bob Schultz

San Diego International Law Journal

There is an unaddressed anomaly with respect to regulating online pharmacies when compared with traditional pharmacies. Online pharmacies serve the same ends as traditional brick and mortar pharmacies, i.e., to bring medication to consumers as a part of a profitable business. The raison d’étre of traditional pharmacy regulation—to protect consumers —should logically apply to online sources of the same inherently dangerous pharmaceuticals. However, traditional pharmacies are regulated, while online pharmacies have long eluded effective regulation and now constitute a lawless source of purchase and abuse that is far from real physician control, effective standards, or accountability....
This Comment will establish …

V. 16-2, 2015 Masthead

San Diego International Law Journal

No abstract provided.

V. 17-1, 2015 Masthead

San Diego International Law Journal

No abstract provided.

Attribution Evidence Of Cell Phone Data, Sana Haider

War Crimes Memoranda

No abstract provided.

Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy

American University International Law Review

No abstract provided.

Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan

American University International Law Review

No abstract provided.

The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner

Michigan Law Review First Impressions

The legal aftermath of the Holocaust continues to unfold in U.S. courts. Most recently, the Seventh Circuit dismissed claims against the Hungarian national railway and Hungarian national bank for World War II-era crimes against Hungarian Jews on the grounds that the plaintiffs had not exhausted available local remedies in Hungary or provided a “legally compelling” reason for not doing so. More broadly, heated debates about the role of U.S. courts in enforcing international human rights law have not abated since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co., which restricted but did not eliminate federal …

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

Articles

No abstract provided.

The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles C. Jalloh

Articles

This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is …

Inclusion To Exclusion: Women In Syria, Catherine Moore, Tarsila Talarico

All Faculty Scholarship

This Article will discuss the reasons for the shift from the inclusion of women as active participants in the Syrian revolution to their exclusion and marginalization throughout the conflict and during the recent Geneva Il peace negotiations. It will address how the lack of participation of women in such formal negotiations is hindering the peace process, drawing on the role of women, more generally and historically, in conflict resolution. The Article will provide best practices from prior conflicts and ways in which policymakers can improve participation of women in the peace process in Syria. The reinclusion of Syrian women is …

Mapping The Interface Between Human Rights And Intellectual Property, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et Al. As Amici Curiae In Support Of Petitioners, Harold Hongju Koh, Thomas Buergenthal, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman, Sujit Choudhry

Faculty Scholarship

No abstract provided.

Transnationalizing Comparative Law, Ralf Michaels

Faculty Scholarship

Comparative law will not die in the 21st century, but nor can it remain unchanged. Comparative law as we have it today still retains its roots in 1900: it is focused on states, on positive law, and on a scientific approach. Comparative law in the age of transnationalism will have to transnationalize: it must move beyond the state, it must move beyond positive law, and it must endorse cultural approaches. We must retain our critique of legal nationalism, but we must add our critique of uncritical legal universalism.

The Relevance Of Law To Sovereign Debt, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The literature on sovereign debt treats law as of marginal significance, largely because the doctrine of sovereign immunity leaves creditors few potent legal remedies against sovereign borrowers. Although sovereign debts can indeed by hard to enforce, the goal of this Essay is to demonstrate that law plays a central, and constantly evolving, role in structuring sovereign debt markets. To list just a few examples, legal rules and institutions (i) decide when a borrower is sovereign, (ii) define the consequences of sovereignty by drawing (or refusing to draw) artificial boundaries between the sovereign and other legal entities, (iii) play some role …

Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey

Articles by Maurer Faculty

No abstract provided.

Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev

Cardozo Journal of Conflict Resolution

Pharmaceutical companies are the greatest non-governmental sponsors of biomedical research in academia. Increasingly they sponsor foreign entities, typically universities or non-commercial research institutions. Another type of cross-border sponsorship occurs when two research institutions engage in a collaborative research effort. In either case disputes may arise. The most common types of disputes are the rights to the intellectual property developed in the course of sponsored research, and the scope of research activities that an agreement covers. Parties to these cross-border sponsorship arrangements have rarely incorporated dispute resolution clause in their contracts. This Article will argue that arbitrationis an approach far superior …

Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven

The International Lawyer

The rise of the textile and apparel global value chains and trade preferences has created unprecedented opportunities for developing countries to participate in trade in textiles and apparel. Yet, while some countries have managed to build backward linkages and engage in industrial upgrading, others remain locked in the lower echelons of the textile and apparel value chai

This Article demonstrates that trade preferences and rules of origin alone do not explain countries' diverging experiences in the apparel value chain. Rather, a country's industrial policy is crucial in determining sustainable growth: is it solely export-oriented, or does it balance promoting growth …

Combating Terrorism And Violent Extremism In Nigeria: Defining A New Approach To Winning Modern Jihadist Conflict, Steven E. Hendrix

The International Lawyer

No abstract provided.

"Commercial Peacemaking"-The New Role Of The International Commercial Arbitration Legal Order, Tamar Meshel

Cardozo Journal of Conflict Resolution

International commercial arbitration (ICA) has risen to prominence over the past several decades as the most efficient and effective mechanism for resolving cross-border disputes between commercial entities, and has long been considered by the international business community as "the normal means of settling disputes arising from international transactions." ICA offers disputing parties an accessible, neutral, and private mechanism that is distinct from any specific national legal system; a "kind of social jurisdiction, opposed to State jurisdiction." It has thus been considered by some to constitute a specialized international regime, a form of "transnational" or "global" governance, or an autonomous legal …

Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr

War Crimes Memoranda

No abstract provided.

Cross-Border Distress Calls, Investigation And Potential Compensation, Chadwick P. Cleveland

War Crimes Memoranda

No abstract provided.

How The United States Coast Guard Might Conduct Expedited Border Crossings On The Great Lakes In Cooperation With Canadian Authorities And Law Enforcement. Specifically Addressing How Current Agreements And Policies May Be Utilized In Order To Expedite Border Crossings On The Great Lakes And Additional Measures Which Can Be Taken To Specifically Address The Matter Through Express Agreement, Timothy R. Bierer

War Crimes Memoranda

No abstract provided.

Ballast Water Regulation In The Great Lakes, Erin James

War Crimes Memoranda

No abstract provided.

Prosecution Disclosure Obligations, Jeradon Z. Mura

War Crimes Memoranda

No abstract provided.

International Standards For Forensic Digital Evidence, Amar Dzaferovic

War Crimes Memoranda

No abstract provided.