International Law Commons^™

Isis's Crimes Against Humanity And The Assyrian People: Religious Totalitarianism And The Protection Of Fundamental Human Rights, Yuri Mantilla Ph.D, Ll.M., Ll.B.

ILSA Journal of International & Comparative Law

Despite great technological progress, increasing free trade, instant access to international communications, and other positive aspects of globalization, the world is still characterized by systematic and widespread violations of human dignity.

La Validez Formal De Las Dispisciones Mortis Causa En El Reglamento 650/2012 (Ue): Una Lectura Desde El Derecho Espanol, Dra. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

La finalidad del comentario que sique es abordar la cuestion relativa a la ley aplicable a la validez formal de una disposicion mortis causa al amparo del Reglamento 650/2012

Nato Approaches In Response To Isil And International Terrorism, Butch Bracknell

The International Lawyer

No abstract provided.

Introduction: The Islamic State And International Terrorism - The Architecture Of Response, Jonathan Michael Meyer

The International Lawyer

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, J. Patrick Briscoe, Geoffrey Goodale, Jahna Hartwig, Jonathan Meyer, Christopher Stagg, Lawrence Ward

The International Lawyer

No abstract provided.

International Financial Products And Services, Cillian Bredin, Hernan Camarero, Alan B. Rabkin, Lorcan Tienan, Walter Stuber

The International Lawyer

No abstract provided.

Aerospace And Defense Industries, R. Locke Bell, Johny Chaklader, Donna A. Dulo, Priya Iyengar, Kevin J. Lombardo, Jason M. Silverman

The International Lawyer

No abstract provided.

International Securities And Capital Markets, Jennifer Y. Poon, Manfred Ketzer, Walter Stuber, Robert Lando, Audrey Kravets, Sandeep Parekh, Perry Wildes, Ayelet Krispin, Piyansena Perera, Mario Piana

The International Lawyer

No abstract provided.

Young Lawyers Network (Yin), Sara Blackwell, Siena Caruso, Jose Francisco Mafla, Manoj Kumar

The International Lawyer

No abstract provided.

Anti-Corruption, Leslie Benton, Stuart H. Deming, Mikhail Reider-Gordon, Frank A. Fariello, Christina M. Mitropoulos

The International Lawyer

No abstract provided.

Sexual Orientation And Gender Identity, Mark E. Wojcik

The International Lawyer

No abstract provided.

Transnational Legal Practice, Laurel Terry

The International Lawyer

No abstract provided.

Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands

The International Lawyer

No abstract provided.

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …

Reconciling Patent Law And Traditional Knowledge: Strategies For Countries With Traditional Knowledge To Successfully Protect Their Knowledge From Abuse, Ameera Haider

Case Western Reserve Journal of International Law

Traditional knowledge is a form of innovation that does not fit neatly into Western notions of property. Underdeveloped countries with significant traditional knowledge lack property protection for their traditional knowledge and are often not compensated for the technology arising from this form of knowledge. This Note outlines the tension arising from the differing incentives that underlie patent and traditional knowledge systems, and recommends methods of reconciling those tensions. First, this Note advocates that countries develop national libraries of the knowledge embodied in their staple agricultural products. Next, countries should create statutes to establish a method by which outside parties can …

The United Nations: The Syrian Refugee Crisis, Zahra R. Syed

Honors Undergraduate Theses

The main objective of this research paper is to analyze the international effects the Syrian Conflict has had to the global community. The United Nations High Commissioner for Refugees has declared this conflict to be the worst humanitarian crisis of our time. Millions of Syrians have fled their home country to avoid unjust persecution and are looking to not only neighboring countries, but the European Union for assistance in resettlement.

Since the outbreak of the conflict in Syria in 2011, more than 220,000 people have been massacred, leaving fifty percent of the population in unrest due to home displacement. According …

Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu

Faculty Publications

Standing doctrine can play an outsized role in marginalized groups' ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansion of standing doctrine to protect the democratic ideal in emerging democracies. Using …

The Third Player-Illegal Combatant, Emanual Gross

San Diego International Law Journal

This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …

Bitter Biopharmaceuticals: Biologic Counterfeiting And Supply Chain Concerns, Jennifer Abma

San Diego International Law Journal

Pharmaceutical counterfeiting is a growing area of public safety and national security concern. Biological medications are a growing portion of counterfeit medicines due to the high cost and opportunities for profit from these innovative drugs. Biologics are a unique target for counterfeiters in international commerce presentingunique hazards over traditional, more stable, pills. This Article explores the international biopharmaceutical supply chain and the regulatory weaknesses that compromise public health.

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Foreign Assistance Complicity, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

When does a government’s provision of assistance to foreign armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit atrocities? The question presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among the U.S. federal courts and international tribunals that have faced it.

In 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sent shockwaves through international legal circles when it acquitted former Yugoslav Army chief Momčilo Perišić of aiding and …

The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs

Michigan Telecommunications & Technology Law Review

The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …

The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens

Articles

No abstract provided.

Forging Path For Women's Rights In Customary Law, Tamar Ezer

Articles

No abstract provided.

The Conflicts Restatement And The World, Ralf Michaels

Faculty Scholarship

No abstract provided.

25 Years, Where Are We Now? Global Trade & Sovereign Debt, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Comparative Law And Private International Law, Ralf Michaels

Faculty Scholarship

No abstract provided.

Wächter, Carl Georg Von, Ralf Michaels

Faculty Scholarship

Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …

Jurisdiction, Foundations, Ralf Michaels

Faculty Scholarship

No abstract provided.

Drawing Lines Among The Persecuted, Kate Evans

Faculty Scholarship

Should a victim of persecution be denied protection in the United States if his persecutors forced him to participate in their campaign of terror? In its 2009 decision, Negusie v. Holder, the Supreme Court recognized the “difficult line drawing problems” presented by this question, but failed to offer concrete guidance to the lower courts or the executive agencies charged with drawing those lines. Circuit courts employ a variety of standards, leaving the law in disarray.

This Article offers original historical research to argue that asylum seekers charged with participating in persecution should be afforded a duress defense. It traces the …