International Law Commons^™

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

The Impacts Of Foreign Direct Investment To The Environment In Developing Countries: Indonesian Perspective, Sri Wartini

Indonesian Journal of International Law

Foreign Direct Investment (FDI) may cause positive and negative impacts in developing countries, such as in Indonesia. The positive impact of FDI may enhance economic growth in developing countries, on the other hand, negative impacts of FDI may cause environmental pollution and environmental degradation. FDI in Indonesia has already increased economic growth, however, the environmental degradation and environmental pollution cannot be avoided. In certain extent, in order to gain a great profit, FDI can be used by the foreign investor to violate human rights and the environment in the host states. Unfortunately, the government in developing countries often sacrifice the …

The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul

Chicago-Kent Law Review

In the context of multilateral trading, there is a historical tension between economically oriented, laissez-faire, pro-trade concerns as they are juxtaposed with social, environmental, and health concerns. These conflicting values are inextricable from one another in a world that encourages, and quite frankly mandates, a high level of economic interdependency. But what if institutional actors could reconcile these conflicting values—at least toward the more efficient and practical goals of alleviating (rather than eliminating) the underlying tension? This Note argues that Article 2.2 of the World Trade Organization’s Technical Barriers to Trade Agreement operates to reconcile these fundamental tensions to some …

Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque

International Law Studies

The United States Department of Defense Law of War Manual misrepresents customary international law governing target selection, precautions in attack and proportionality. Contrary to the Manual’s assertions, attackers with a choice of targets for obtaining a similar military advantage must select the target that endangers the fewest civilians; often must avoid harming civilians even at some additional risk to themselves or to their mission; and must refrain from attack if the expected harm to civilians—including to civilians forced to serve as human shields—would be excessive in relation to the anticipated military advantage.

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

International Law Studies

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.

The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

International Law Studies

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …

U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney

Journal of Legislation

Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.

The Burden Of Proof In International Commercial Arbitration: Are We Allowed To Adjust The Scales, Francisco Blavi, Gonzalo Vial

UC Law SF International Law Review

This work discusses the possibility of the parties to change the burden of proof rules in international commercial arbitration and the powers of the arbitral tribunal in this regard, concluding that the parties are entitled to alter the referred rules subject to some limitations, such as the principle of fair and equal treatment, mandatory rules and considerations of public policy and good faith. In addition, we observed that even though arbitrators have broad powers to determine the burden of proof, they are generally obliged to respect the agreements reached by the parties in relation with that burden.

Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips

UC Law SF International Law Review

No abstract provided.

"One Order Of Genocide And Two Sides Of Extinction": Proposing An International Solution To Preventing The Destruction Of The Elephant And Rhinoceros Species In Mozambique And Tanzania, Sean Pan

UC Law SF International Law Review

This Note posits the notion that the massacre of the elephant and rhinoceros species in Mozambique and Tanzania resembles the type of monstrous conduct the international community generally brands as the crime of genocide. While it is folly to ignore genocide's historical application towards human victims, both the relentless manner in which these animals are killed along with their drastically diminished populations begs, at least, for international criminal charges and convictions. Additionally, modern legal precedent and historical practices suggest a broader application of the crime of genocide-one that should include other protected and threatened groups.

Glass Ceiling Or Iron Weight?: Challenges For Female Employees On Their Path To Becoming Managers And Executives In Japan, Hiroya Nakakubo

UC Law SF International Law Review

No abstract provided.

Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organisations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that female genital mutilation has received.

Undetected Conflict-Of-Laws Problems In Cross-Border Online Copyright Infringement Cases, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented her paper, “Undetected Conflict-of-Laws Problems in Cross-Border Online Copyright Infringement Cases" at the 16th Annual Intellectual Property Scholars Conference held at Stanford Law School in Palo Alto, CA, on August 12, 2016. The presentation was one of five in a session devoted to Empirical Copyright.

Abstracts and information about other sessions at the conference are available on the Intellectual Property Scholars Conference website.

Is The American Criminal Jury System In Criminal Trials Worthy Of Export To Iraq?, Mohammed J. Ailan

Law Student Scholarship

The American criminal jury system has a long, ancient history. It went through several stages throughout history until it became a sophisticated institution for educating the American people about the law in their country. Jury duty is one of the privileges of U.S. citizenship. This thesis shows how the criminal justice system currently works in the United States. This paper discusses issues such as the hung jury, the capital jury, checking abuses of power, and jury nullification. This thesis focuses on other countries that have recently adopted the criminal jury system, such as Spain and Russia, after they adopted democracy. …

An Ode To Sea Turtles & Dolphins: Expanding Wto’S Mandate To Bridge The Trade-Environment Divide, Geary Choe

Cornell Law Library Prize for Exemplary Student Research Papers

Geary Choe’s ambitious paper showcased a diverse and sophisticated understanding of research in public international law and interdisciplinary sources.

Choe’s paper proposes expanding the World Trade Organization’s mandate to carve out a new exception for trade-restrictive measures in multilateral environmental agreements (MEAs). His process involved analyzing international conventions, WTO panel and appellate body reports as well as non-legal materials written by economists, environmentalists and non-governmental organizations. Choe used that research to examine the historical tension between the competing interests of trade vs. environment and concluded with original proposals of how to reconcile them within the WTO’s legal framework.

Most rewardingly, …

Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood

War Crimes Memoranda

No abstract provided.

Large-Scale Dispute Resolution In Jurisdictions Without Judicial Class Actions: Learning From The Irish Experience, S.I. Strong

ILSA Journal of International & Comparative Law

Recent years have seen an unprecedented expansion of the ability to assert large-scale claims in national judicial systems, either on a collective or representative (class) basis.

Loss And Damage And The 21st Conference Of The Parties To The United Nations Framework Convention On Climate Change, Dr. Wil Burns

ILSA Journal of International & Comparative Law

The early fouc of the Parties to the United Nations Framework Convention on Climate Change ("UNFCCC") was on programs and policies to reduce greenhouse gas emissions and emissions from land-use and forestry, commonly referred to as mitigation.

Securing Child Rights In Time Of Conflict, Diane Marie Amann

ILSA Journal of International & Comparative Law

It is an honor to serve on this panel alongisde representatives from two pillars of child protection, the Office of Children's Issues at the United States Department of State and the Office of the Special Representative of the United Nations Secretary- General for Children and Armed Conflict.

An Interim Essay On Fifa's World Cup Of Corruption: The Desperate Need For International Corporate Governance Standards At Fifa, Bruce W. Bean

ILSA Journal of International & Comparative Law

On May 27, 2015, the United States Department of Justice unsealed a 161-page indictment (the "Indictment") in the United States District Court for the Eastern District of New York.

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul R. Williams, Christin Coster

ILSA Journal of International & Comparative Law

Based on the public International Law & Policy Group's ("PILPG") two decades of experience assisting countries and clients in conflict situations.

Fact Finding And States In Emergency, Charles Garraway

ILSA Journal of International & Comparative Law

In the first quarter of the 21st Century, fact-finding has almost become a mantra.

United States Foreign Assistance: Beyond Good Intentions And Toward Accountability, James Filpi, Luke Murry

ILSA Journal of International & Comparative Law

The United States is ushering in a new era of foreign assistance unparalleled in its history.

Saving Lives And Building Society: The European Migration Agenda, Dr. Catherine Tinker

ILSA Journal of International & Comparative Law

The European Union is attempting to manage an extraordinary flow of migrants and refugees into Europe, exceeding 1,000,000 in 2015 alone, the largest number of displaced persons (both externally and Internally) since World War II.

Captivity And The Law: Hostages, Detainees, And Criminal Defendants In The Fight Against Terrorism, Adam R. Pearlman

ILSA Journal of International & Comparative Law

This article breifly addresses three issues that practitioners handling counterterrorism issues may encounter.

The Formal Validity Of The Mortis Causa Provisions In The Regulations 650/2012 (Eu): An Article On Spanish Law, Dr. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

The purpose of the following commentary is to address the relative question of the applicable law to the formal validity of a mortis causa provision to the basis of the July Fourth, 2012 Regulation 650/2012 (Regulation 650/2012 or Regulation) of the European Parliament and Council, concerning the competence, applicable law, recognition and execution of resoluitions, acceptance and execution of public documents in the field of mortis causa inheritance and to the creation of a European certificate of inheritance.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

Annually, the American Branch of the International Law Association and the International Law Students Association (ILSA) pair up to present the International Law Weekend (ILW) conference at Fordham University School of Law, in New York City.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Access To Essential Medicines In African Countries: An Introduction, Peter G. Danchin, Diane Hoffmann

Faculty Scholarship

No abstract provided.

Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.