International Law Commons^™

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Intergalactic Property Law: A New Regime For A New Age, Alison Morris

Vanderbilt Journal of Entertainment & Technology Law

In November 2015, Congress passed the Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 ("the SPACE Act'), which allows private American companies to own any resources they collect from mining in space. This, however, conflicts with current international treaties to which the United States is a party, such as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space ("the Outer Space Treaty'), which was adopted by the United Nations in 1967. Thus, without some changes, either the SPACE Act will be rendered useless or the United States will be in direct …

The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu

American University Law Review

No abstract provided.

The Persuasive Authority Of Internationalized Criminal Tribunals, Elena Baylis

American University International Law Review

No abstract provided.

Challenges And New Frontiers: National Courts As The Frontline Of International Law, Margaret Mckeown

American University International Law Review

No abstract provided.

The Dos And Don's Of Federal Constitutions: A Case Study On Yemen, Ayat Mujais

American University International Law Review

No abstract provided.

Civil War Time: From Grotius To The Global War On Terror, David Armitage

American University International Law Review

No abstract provided.

Japan's Failure To Protect Japanese-American Children From International Parental Kidnapping In Violation Of The Hague Convention On Child Abduction, Tarja Cajudo

American University International Law Review

No abstract provided.

The E—2 Treaty Investor Visa Dilemma: Violations Of Law And Limitations On Foreign Investment, Tiana J. Cherry

American University Business Law Review

No abstract provided.

Democracy Clauses In The Americas: The Challenge Of Venezuela’S Withdrawal From The Oas, Antonio F. Perez

Scholarly Articles

In light of Venezuela’s unprecedented notice of its intention to withdraw from the Organization of American States, this essay by a former member of the Juridical Committee of the OAS explores the range of discretion available to the OAS and its Member States in interpreting and applying the OAS’s unique provision for withdrawal. Presenting the first extensive analysis of this provision of the OAS Charter, the essay argues that the withdrawal clause can plausibly be interpreted to require Venezuela to fulfill all its obligations under the OAS Charter, including its obligations to respect democracy, before its unprecedented withdrawal can take …

Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner

Case Western Reserve Journal of International Law

No abstract provided.

Water Scarcity: Preventing Future Conflicts, Rush O'Connor

Case Western Reserve Journal of International Law

This Note focuses on nations with shared water sources forming transboundary agreements to promote peaceful solutions and to protect people's right to water. Given the growing scarcity of water, this Note emphasizes the urgent need to create agreements. It argues that international agreements are ineffective with respect to protecting the right to water and do not create proper forums for settling disputes over water. Yet international organizations can take an active role in helping to form transboundary agreements and acting as mediators when an agreement fails. This Note then explores how transboundary agreements work and why they are better than …

Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys J. Craig

American University International Law Review

No abstract provided.

From Law Versus Politics To Law In Politics: A Pragmatist Assessment Of The Icc's Impact, Geoff Dancy, Florencia Montal

American University International Law Review

No abstract provided.

Criminal Prosecution Of Un Peacekeepers: When Defenders Of Peace Incite Further Conflict Through Their Own Misconduct, Shayna Ann Giles

American University International Law Review

No abstract provided.

The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand

University of Baltimore Journal of International Law

The European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. …

The Continuum Of State Sovereignty: A Commentary On African Elections, K.C. O’Rourke

University of Baltimore Journal of International Law

Twenty-six African States hold elections between 2016 and 2017. More basic than campaign rhetoric and ethnocentric political jockeying, the state in Africa is ripe for a deeper engagement with notions of state sovereignty that are more relevant for this century as the African state seeks to exercise its core functions, protect its interests within its own geographic boundaries, and care for all of the people it seeks to govern. The intentional structuring of such a dialogue must be guided to secure the cornerstones of individual liberty and participatory democracy – two basic protective functions that uniquely belong to the nation-state. …

Inmates, Incarcerated And In Love: Predicting How The United States Would Respond To Marriages Between Inmates By Evaluating Case Law And The United Kingdom’S Decision, Madison H. Kyger

University of Baltimore Journal of International Law

No abstract provided.

Dealing With Laundering In The Swiss Art Market: New Legislation And Its Threat To Honest Traders, Katie L. Steiner

Case Western Reserve Journal of International Law

On January 1, 2016, new regulations took effect in Switzerland that impact the country's art market. The laws aim to close channels for laundering money and illicit antiquities within the art trade. Because the art market's opacity provides attractive conditions for launderers, Switzerland's new regulations introduce greater transparency in transactions for high-value works of art and in duty-free art-storage facilities, such as the Geneva freeport. The Geneva warehouse serves an international clientele of art collectors, who have traditionally stored works of art in the facility anonymously and indefinitely, without adverse tax consequences. The freeport provides essential services for honest collectors …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Talking Foreign Policy: Art, Diplomacy And Accountability, Michael P. Scharf

Case Western Reserve Journal of International Law

Michael P. Scharf, Paul R. Williams, Mark Ellis, William Schabas, Shannon French, and Milena Sterio discuss art and international law topics.

Broadcast quarterly, "Talking Foreign Policy" is a one-hour radio program hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf in which experts discuss the salient foreign policy issues of the day. The broadcast on October 7, 2016, addressed international law and art.

Falling Short For Labor: Why The Trans-Pacific Partnership Does Not Do Enough For Workers' Rights, And Evaluating Better Options, Judd Cohen

Case Western Reserve Journal of International Law

Using free trade agreements to increase labor standards in developing countries has not worked. Although most critics focus on lack of enforcement by the U.S., the real problem is the inherent tension between using free trade to make money, and spending money to improve labor standards. If the U.S. were to enforce labor standards, it would destroy the gains from free trade, which is why there is no incentive for developed countries to enforce the agreements. The Trans-Pacific Partnership is the latest example of a U.S. free trade agreement that does not address the tension between trade and labor. This …

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Case Western Reserve Journal of International Law

Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …

War And Passion: Who Keeps The Art?, Margaret M. Miles

Case Western Reserve Journal of International Law

Here, I would like to recall how and where ideas about repatriation, restitution, and proper ownership of art got started, a subject I have explored in detail elsewhere.

Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas

Case Western Reserve Journal of International Law

A closer look at the Rome Statute suggests that Al Mahdi did not commit the crime for which he was convicted.

The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri

Case Western Reserve Journal of International Law

First, the article engages with the crucial question of how fashion is cultural heritage, or, at least, how fashion can be considered a part of the ICOM Code’s definition of heritage, and therefore within the scope of the minimum ethical standards it sets forth for its members and potentially for museums at large. Second, the article presents the ICOM Code, contextualizing it within the ICOM’s framework as a nongovernmental international public interest organization, and examines how the ICOM Code is a source of general principles of international law. As part of this section, the article also highlights how one of …

Calling Space Traffic Control, Danielle Miller

ILSA Journal of International & Comparative Law

The space environment (at least where the Earth’s orbits are concerned) is increasingly congested. As a natural result, collisions between space objects are becoming more likely and much more disastrous.

Above The Law? Innovating Legal Response To Build A More Accountable U.N.: Where Is The U.N. Now?, Bruce Rashkow

ILSA Journal of International & Comparative Law

This is an issue that has come under increasing scrutiny amid allegations of sexual exploitation and abuse by United Nations (U.N.) personnel, including peacekeeping forces, and allegations that peacekeepers introduced cholera to Haiti

The Fundamental Convention No. 87 Of The International Labour Organization– Union's Freedom Of Association In Brazil And In The United States, Jane K. Aparecido

ILSA Journal of International & Comparative Law

This piece is about how two economically and socially different countries interpret and deal with the International Labour Organization’s (ILO) conventions in their respective legal systems. Convention No. 87, regarding the Freedom of Association and Protection of the Right to Organise, will serve as the basis for the discussion and comparison.

Tiroteos Maivos Y Los Motivos De Los Agresores: Una Comparacion De Los Estados Unidos Y Naciones Extranjeras, Vanessa Terrades

ILSA Journal of International & Comparative Law

Cuarenta y nueve cuerpos estaban tirados en el suelo sin vida, mientras muchos otros estaban acostados al lado de ellos cubiertos en sangre, pretendiendo estar muertos para poder salvarse del hombre armado que abrió fuego en la discoteca