International Law Commons^™

Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations, Vanessa Terrades

ILSA Journal of International & Comparative Law

Forty-nine bodies laid lifelessly on the ground while many others laid beside them, covered in blood, pretending to be dead to save their lives from the gunman who opened fire in the night club.1 That was the scene at Pulse Night Club on June 11, 2016, which turned the enjoyment at a nightclub into a nightmare

Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

The French theory of Laïcité, or assertive secularism, has rapidly developed to become a significant part of the French constitutional legacy, which subsequently brought out what should have been expected: conflicts between the right to self-determination, local culture, religious freedom, and the state interest in curbing radicalism and extremism

Where Are We Today In The International Fight Against Overseas Corruption: An Historical Perspective, And Two Problems Going Forward, Frederick T. Davis

ILSA Journal of International & Comparative Law

The goal of my comments is to take a step back and begin with an historical perspective on the collective, international effort to fight corruption, and then to suggest two problems that effort faces today.

A Comparative Study Of Migrants' Access To Healthcare: Similarities And Differences Between England, Germany, Italy, Spain, Canada, And The United States, Paula Castaneda Restrepo

ILSA Journal of International & Comparative Law

No abstract provided.

Decisions That Declared Laws Unconstitutional And Their Impact On Japanese Families, Yuichiro Tsuji

ILSA Journal of International & Comparative Law

No abstract provided.

Are Latin American Institutions Innovating?, Dyala' Jime'nez Figueres

ILSA Journal of International & Comparative Law

Innovation means moving ahead of one’s time, anticipating future needs and creating solutions for those needs. Applied to international arbitration, innovation usually comes by offering new services to the users that will benefit them in terms of predictability, efficiency and effectiveness

Caracteristicas Principales De La Ley Peru Ana De Arbitraje, Cecilia O'Neill De La Fuente, Jose' Luis Repetto Deville

ILSA Journal of International & Comparative Law

Dos pilares fundamentales hacen posible que agentes privados acumulen grandes riquezas: la ley de contratos y los derechos de propiedad. Pero sin la protección del Estado es imposible mantener el crecimiento económico, así que cada Estado debe proteger, respetar, y poner en vigor estas leyes fundamentales.

Developing A Matrix For Intellectual Property As Subject Of International Law, Sam F. Halabi

Faculty Publications

Intellectual property disputes implicating diverse and seemingly unrelated international legal regimes have become more frequent, acrimonious, and high-stakes. This trend has spawned an enormous academic literature endeavoring to rationalize the approach various interpretive authorities take to intellectual property disputes. Graeme Austin and Larry Helfer's Human Rights and Intellectual Property offered a framework by which to resolve claims for or against intellectual property protection based on human rights arguments; Susy Frankel has extensively assessed the application of customary international rules of interpretation in furtherance of a rationalizing approach to complex IP conflicts; and Jerry Reichman. Paul Uhlir. and Tom Dedeurwaerdere have …

Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach

Case Western Reserve Journal of International Law

Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining …

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.

A More Acceptable Solution: The Proposed European Union Agency Of Asylum And Refugees, Sarah Katz

Case Western Reserve Journal of International Law

This Note details the improvements that should be made to a recent proposal submitted by a group of scholars to the European Parliament. The scholars have suggested that the European Union create an independent organization to process asylum applications and to deal with refugee issues in the European Union. This Note agrees with this central proposal, but fleshes out more details that are missing from this initial proposition. The five aspects of refugee processing are detailed in turn: (1) defining a refugee; (2) assigning responsibility for dealing with asylum claims; (3) reception conditions; (4) temporary protection; and (5) long-term residence …

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Since shortly after 9/11, weaponized drones have be-come part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …

The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis

Case Western Reserve Journal of International Law

However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster

Case Western Reserve Journal of International Law

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The "blood antiquities" excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive. A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford

Case Western Reserve Journal of International Law

In the 2014 case of Meyer v. Bd. of Regents of the Univ. of Okla., victims of looting asked a court to resolve ownership of a piece of artwork that the Nazis had looted, and was sold several times, and ultimately donated to the University of Oklahoma. This case provides just one example of the issues facing claimants, museums, and courts regarding Nazi-looted art. Although this case reached a settlement, the lack of consistency and uniformity in this area of the law necessitates stronger guidelines to protect the competing interests of claimants and museums to the disputed pieces of art. …

South-South Cooperation On The Return Of Cultural Property: The Case Of South America, Alice Lopes Fabris

Case Western Reserve Journal of International Law

This article challenges the notion that “south” countries fail to protect cultural property. Instead, it demonstrates that south countries have strong policies for the return of cultural property and against trafficking. This article will first analyze the international and regional policy frameworks, as well as bilateral agreements regarding the protection of cultural property against illicit trafficking. The second part of this article examines actions taken by the South American States for the return of cultural property. Finally, this article presents case studies of cultural property restituted among South American countries.

Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky

Case Western Reserve Journal of International Law

No abstract provided.

The International Law Of Secession And The Protection Of The Human Rights Of Oppressed Sub-State Groups: Yesterday, Today And Tomorrow, Obiora C. Okafor

Articles & Book Chapters

This paper focuses on significant patterns/features in the historical development of the international law of secession and its contribution over time (or the lack thereof) to the struggle to afford greater protection to oppressed sub-state groups the world over. It was Crawford Young who once observed that “the state as an analytical quarry is an elusive and complex prey.” With the necessary modifications, this observation applies with almost equal force to the international law of secession. Complexity and confusion loom too large in this area of international law. For example, there is, at best, little clarity in the literature of …

On The Precipice: Prospects For Free Labor Unions In Vietnam, Tran Thi Kieu Trang, Richard Bales

San Diego International Law Journal

Vietnam (officially, the “Socialist Republic of Vietnam”) is rapidly transitioning economically, in large part due to pro-trade policies that have attracted international capital. A necessary component for Vietnam to further integrate into the world economy is to develop a system of industrial relations that will ensure industrial stability and reassure international manufacturers that there is no risk of embarrassment resulting from revelations of brutal or unsafe working conditions. Positive signs for rapid labor reform were visible as recently as early 2016 with the Trans-Pacific Partnership (“TPP”), a trade agreement intended to integrate trade among twelve countries (including Vietnam), which would …

Sir, The Radar Sir, It Appears To Be . . . Jammed: The Future Of “The Right To Be Forgotten” In A Post-Brexit United Kingdom, Cory Dibene

San Diego International Law Journal

The “Right to be Forgotten” is an EU doctrine. However, now that the UK is progressing towards leaving the EU in 2019, it is important to examine what jurisprudential changes will follow. This Comment will examine the “Right to be Forgotten,” the UK’s criticism of the EU Internet doctrine, and the future of the doctrine in the UK once Brexit takes full effect.

The future is somewhat unclear since Brexit arguably jammed the “Right to be Forgotten’s” radar in the UK. Arguments can be made for abandoning the Right and creating a new jurisprudence in the UK. The House of …

The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi

San Diego International Law Journal

The legal framework to fight and suppress piracy is embodied largely in the United Nations Convention on the Law of Sea (“UNCLOS”), 1982, which is supplemented by United Nations Security Council Resolutions, and international conventions and treaties. This Article aims to critique the existing legal framework against piracy and challenge its efficacy in successfully curbing and eradicating piracy around the world throughout history. Unlike the extensive literature on legal studies of piracy, this Article recognizes piracy as a global menace, rather than observing it through the lens of regional differences. Consequently, this Article seeks to identify creeks and holes within …

V. 18-2, Spring 2017 Masthead

San Diego International Law Journal

No abstract provided.

The First Competitive Video Gaming Anti-Doping Policy And Its Deficiencies Under European Union Law, Colby Stivers

San Diego International Law Journal

This Comment identifies the deficiencies of the ESL anti-doping regime and proposes solutions for compliance with international law. In addition to achieving compliance, the proposed solutions analyzed are selected to serve the values of eSports stakeholders, as well as the philosophical valuesof sports competition as a whole. Section II will identify those stakeholdersand values. Section III will identify and attempt to solve potential noncompliancewith EU treaty-based law under the European Convention on Human Rights and resolutions of the Council of Europe. Section IV will identify and propose solutions transposed from traditional sports anti-doping policies that address discrepancies with EU law …

Cuba Libre: A Verb? A Noun? Or A Cocktail?, Brian Eiselman

San Diego International Law Journal

This Article examines the nature of the history and origins of hostilities between the United States and Cuba leading up to the Embargo, and the Constitutional issue regarding the possible termination of the Embargo in view of the Helms-Burton Act. While President Kennedy enacted the Embargo unilaterally, the Helms-Burton Act usurped the power to regulate and conduct international affairs from the President, requiring a two-thirds Senate majority in order to lift or modify the Embargo.[] Arguably, this provision violates both the United States Constitution as well as International Law.[] Under the Obama Administration there was a new attitude towards Cuba, …

V.19-1, 2017 Masthead

San Diego International Law Journal

No abstract provided.

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

American University International Law Review

No abstract provided.

Promoting Domestic Accountability For Conflict-Related Sexual Violence: The Cases Of Guatemala, Peru, And Colombia, Daniela Kravetz

American University International Law Review

No abstract provided.

On The Civil-Ness Of Civil War: A Comment On David Armitage's Civil War Time, Mary Dudziak

American University International Law Review

No abstract provided.

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Publications

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …