International Law Commons^™

Is The Test For Fitness To Plead The Same During The Appeal Process As The Trial Process At The Eccc?, Khali Blankenship

War Crimes Memoranda

No abstract provided.

Finality Of Trial Judgment When Accused Dies Or Is Found Mentally Unfit Before Final Appellate Verdict, Katelyn R. Pierce

War Crimes Memoranda

No abstract provided.

Universal Definition Of Piracy & Improvements In International Coorporation And Prosecution, Brad Pyle

War Crimes Memoranda

No abstract provided.

How Long Can We Suspend The Jones Act For Port Emergencies? What Impacts Does The Jones Act Have On International Voyages On The Great Lakes? What Changes To Either Canadian Or U.S. Law Are Necessary To Enhance Commerce On The Great Lakes? What Impacts Would Those Changes Have On The U.S. Domestic Fleet? What Are The Limitations On The Tug-Barge Manning Requirements?, Alpha Taylor

War Crimes Memoranda

No abstract provided.

The Standard That Should Be Used By The U.S. Coast Guard In Regard To Its Provision Of Boarding Vessels Arriving To The U.S. Coasts, Silvia Garcia Ausin

War Crimes Memoranda

No abstract provided.

The Tangled Web: Cross-Border Conflicts Of Copyright Law In The Age Of Internet Sharing, Elisabeth Fiordalisi

Loyola University Chicago International Law Review

No abstract provided.

The Global Economic Cost Of Cancer: Improving Outcomes And Cost By Reducing International Barriers To Care, Alexandra Gross

Loyola University Chicago International Law Review

No abstract provided.

Variable Interest Entities: Alibaba's Regulatory Work-Around To China's Foreign Investment Restrictions, Kaitlyn Johnson

Loyola University Chicago International Law Review

No abstract provided.

The Role Of The International Committee Of The Red Cross, Rotem Giladi, Steven Ratner

Book Chapters

In the absence of a serious implementation mechanism in the Geneva Conventions, much of the leading responsibility for promoting their observance falls upon the International Committee of the Red Cross (ICRC), the 150-year-old institution that is a sui generis hybrid between a Swiss non-governmental organization (NGO) and an international organization. With its secretariat in Geneva and delegations throughout the world, the ICRC is, in many conflicts, the most direct voice for the Conventions. The central role of the ICRC pre-dates the Conventions, for the ICRC has been the driving force behind the codification of international humanitarian law (IHL) since the …

A Standard Of Global Justice, Steven R. Ratner

Book Chapters

This chapter presents the standard of justice that is used in this book to appraise international law. That standard is based on two core principles, or what the book calls pillars—the promotion of international and intrastate peace, on the one hand, and respect for the basic human rights of all individuals, on the other. The justice of international norms is determined by the extent to which they lead to a state of affairs involving peace and human rights, with some room for deontological considerations in limited situations. The chapter defends the choice of these two pillars. It elaborates on the …

Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino

Faculty Works

Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the extent to which the existing hybrids are suited to achieving social purposes objectives, including in comparison to modified traditional forms of business organization. Finding the current fleet of hybrids an innovative, useful start, but with need to evolve, this article proposes statutory language (set forth in a detailed appendix, and summarized in the article text), and …

Taking "The War On Drugs" To The Fields: The Importance Of Agriculture In Reforming International Law On The Illegal Drug Market, Terra Rivera

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford

UIC Law Open Access Faculty Scholarship

There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes.

Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …

Barnacles, Aristocracy And Truth Denial: Three Not So Beautiful Aspects Of Contemporary Mediation, James R. Coben

Cardozo Journal of Conflict Resolution

Like any fairy tale, the Sleeping Beauty story has many variations. Most are far more complicated and sinister than the Disneyesque version that the public is familiar with. The same is true with mediation. On the surface, it is a beautiful story-self-determination, mediator neutrality, and party empowerment. In practice, especially in litigated cases, something else quite dark is actually transpiring: parties are literally locked away from one another. Mediators routinely testify and often actively "assist parties" to see the world as the mediators and the parties' lawyers do. Settlement is a prime directive and driving force. Institutionalization through statute and …

Capital Controls In International Law: Clarity Through A Central Regulatory System, David H. Pabian

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

No abstract provided.

Indigenous Lands And International Trade: A Look Into A Failed Relationship Between Indigenous Mexican Communities, Nafta, And Trade Liberalization, Kerry Mcguire

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

No abstract provided.

Love In The Time Of "Propaganda:" Russian Anti-Lgbt Laws, The International Legal Response, And Future Implications, Ashlyn Clark

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

No abstract provided.

Risky Business: Lessons For Mitigating Cyber Attacks From The International Insurance Law On Piracy, Scott J. Shackelford, Scott Russell

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

Organizations of all sizes have increasingly been investigating the prospect of investing in cyber risk insurance to better manage the multifaceted cyber threat. But how useful is cyber risk insurance? Is international insurance law impacting the cyber risk insurance market? And what lessons can be taken from other analogies, such as the maritime piracy context? This article discusses the impact of cyber attacks on the private sector along with analyzing the benefits and drawbacks of relying on cyber risk insurance to enhance cybersecurity by drawing from the maritime insurance industry’s response to piracy. We argue that firms must take a …

Why The U.S. Should Accommodate Sukuk? And How Accommodating Sukuk Will Protect And Benefit The American Financial System?, Mohamed Elian

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

No abstract provided.

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.

The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross

UIC Law Open Access Faculty Scholarship

A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …

Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Journal Articles and Book Chapters

This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the …

Law And Development In West And Central Africa (Ohada), Peter Winship

Faculty Journal Articles and Book Chapters

This seminar paper considers whether OHADA - an experiment in unifying business law in African countries - has been a success. Following a prologue that explains the origins of the paper, the first part of the paper sets out basic information about the Organisation pour l’Harmonisation du Droit des Affaires en Afrique (“Organization for the Harmonization of Business Law in Africa,” known by the acronym OHADA). This part is followed by a review of law and development literature to assess the value of this literature for an evaluation of the success (or not) of OHADA. A third part then focuses …

The Hague Principles, The Cisg, And The 'Battle Of Forms', Peter Winship

Faculty Journal Articles and Book Chapters

This paper considers the relation of the Hague Principles on Choice of Law in International Commercial Contracts to the United Nations Convention on Contracts for the International Sale of Goods (CISG) when parties to an international contract of sales refer during negotiations to their standard terms and these standard terms include choice-of-law terms that conflict.

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French

Sociology and Anthropology Faculty Publications

The article under consideration in this symposium issue, “Foreign Attorneys in U.S. LL.M. Programs: Who’s In, Who’s Out, and Who They Are,” by Mindie Lazarus-Black and Julie Globokar, comes at a critical moment for law schools, especially those below the top tier. Many schools are reducing class size, offering unprecedented financial aid and scholarship packages, and entering a general retrenchment mode. This most recent crisis in law school applications and enrollment (applications are down at some schools by over 30 percent) has led to an increase in the popularity of Master of Laws (LL.M.) programs for foreign attorneys. The steep …

Dramatic Sideshows At The Hearing, George A. Bermann

Faculty Scholarship

International arbitration has plenty of dramatic moments, strewn across the arbitration life cycle. They can surface quite early, as in the context of petitions for interim relief, document production, challenges to the arbitrator or various dispositive motions. They are less likely to occur at the post-award stage (i.e. annulment or opposition to the recognition or enforcement of awards), due in part to the fact that that stage typically plays out in the sober atmosphere of a national court. But more often than not, the drama associated with international arbitration takes place in and around the arbitral hearing room.

In my …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Faculty Scholarship

On September 22, 2014, a U.S.-led coalition began airstrikes against the so-called Islamic State in Syria. At the same time, the United States started targeting the Khorasan group in Syria. These two operations raise (again) the question of when States may use defensive force against non-State actors in other States. The text of the United Nations Charter does not resolve the question. Article 2(4) prohibits States from using force “against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” Article 51 then recognizes “the inherent right to …

Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli

Faculty Scholarship

Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution contracts, the resulting deal may favor the interests of the intermediary to the detriment of the author’s interests. Many national copyright laws have introduced a variety of corrective measures, from the very first copyright act, the 1710 British Statute of Anne, which instituted the author’s …

Legal Reform In The Xi Jinping Era, Carl F. Minzner

Faculty Scholarship

In the fall of 2014, Chinese Communist Party authorities made legal reform the focus of their annual plenum for the first time. The plenum decision confirmed a shift away from some of the policies of the late Hu Jintao era, but liberal reforms still remain off the table. The top-down vision of legal reform developing under Xi Jinping’s administration may have more in common with current trends in the party disciplinary apparatus or historical ones in the imperial Chinese censorate than it does with Western rule-of-law norms. This article attempts to do three things: (1) analyze how and why China’s …