International Law Commons^™

Notes On Joint Criminal Enterprise Before The International Criminal Tribunal For The Former Yugoslavia, Fausto Pocar

University of the Pacific Law Review

No abstract provided.

Linguistic And Cultural Diversity In Interntational Criminal Justice: Toward Bridging The Divide, Leigh Swigart

University of the Pacific Law Review

No abstract provided.

Plea Bargaining And International Criminal Justice, Jenia Iontcheva Turner

University of the Pacific Law Review

No abstract provided.

The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller

University of the Pacific Law Review

No abstract provided.

It’S Time To Get Off The Bench: The U.S.Needs To Ratify The Law Of The Sea Treaty Before It’S Too Late, Randy W. Tong

University of the Pacific Law Review

No abstract provided.

Exploring Cuba's New Role In The World Economy: Paths And Perils, Wentong Zheng

UF Law Faculty Publications

With the normalization of relations with the United States and other countries, Cuba is ushering in a new era with unprecedented opportunities in a globalized world. Participating in the world economy, however, is a risky proposition. It requires policymakers to carefully weigh the pros and cons of each development path and choose the one that best suits Cuba. It also requires policymakers to be prepared for the perils, both economic and legal, that may arise from Cuba's participation in the world economy. This Article explores Cuba's new role in the world economy and the perils that accompany this new role. …

Sharia Law And International Commercial Arbitration: The Need For An Intra-Islamic Arbitral Institution, George Khoukaz

Journal of Dispute Resolution

The goal of this Comment is to address the relationship between Middle-Eastern Islamic countries with the rest of the world from an international commercial arbitration perspective. To do that, we will first briefly address the historic sectarian divide between the two main sects in Islam—Sunna and Shia—which will allow the reader to gain a better understanding of the theoretical differences within Islam, resulting in different legal systems and competing political interests. Section II will also briefly address the modern history of both the Kingdom of Saudi Arabia (KSA) and the Islamic Republic of Iran (Iran) because these two countries are …

An Ocean Between Us: The Implications Of Inconsistencies Between The Navigational Laws Of Coastal Arctic Council Nations And The United Nations Convention On The Law Of The Sea For Arctic Navigation, Laura C. Williams

Vanderbilt Law Review

Appraisal rights are codified by section 262 of the Delaware General Corporation Law ("DGCL"), which grants dissenting target shareholders in a merger the right to seek judicially determined fair value for their shares.' Appraisal rights therefore aim to protect dissenting shareholders from majority expropriation. 2 However, a new class of shareholders has emerged, testing the bounds of this remedy. "Appraisal arbitrageurs" are hedge funds who seek to exploit the once seldom- used appraisal remedy by buying target company stock after the announcement of the merger solely to pursue appraisal. These appraisal arbitrageurs have fueled the ongoing resurgence of appraisal litigation, …

Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives, Hannah L. Buxbaum

Articles by Maurer Faculty

This paper is about the theory and practice of transnational legal ordering. It seeks to gain insight into how transnational legal orders advance by examining one particular problem: the regulation of over-the-counter derivatives. It focuses on events following the global financial crisis, which exposed the deficiencies of the existing regulatory order in identifying and containing the risks created by trading in those securities. In the aftermath of the crisis, the cross-border systemic risk created by OTC derivatives trading was characterized as a problem of global dimension that necessitated a global response. A wide array of actors and institutions, both domestic …

The U.S. Election Hacks, Cybersecurity, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters

Articles by Maurer Faculty

War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …

Equitable Apportionment Of Shared Transboundary River Waters: A Case Study Of Modifications Of The Indus Waters Treaty, Waseem Ahmad Qureshi

San Diego International Law Journal

The principle of equitable utilization and the doctrine of equitable apportionment are regarded highly in customary international law for the apportionment of transboundary river waters between upper and lower riparian states. In this regard, the Indus Waters Treaty is an excellent example of the pragmatic implementation of the principle of equitable utilization, as well as of the principles of equity and justice. The treaty allottedthree eastern rivers to India and three western rivers to Pakistan in an attempt to equitably divide the shared Indus River basin and its five tributaries between the neighboring countries. However, India has now expressed an …

The European Union’S Competence On Foreign Investment: “New And Improved”?, Dominik Moskvan

San Diego International Law Journal

The general approach of the EU towards its trade and investment agenda changed in 2006 into a vigorous use of bilateral negotiations as the Union experienced opposition from emerging countries as well as the U.S. The use of bilateral agreements was seen as a reliable instrument to efficaciously realize the Union market power that was in decline. The future erosion of the EUs market position will likely continue and this will contribute to favoring the use of bilateral instead of multilateral trade agreements with the EU. However, as far as competence is concerned, should an investment treaty be signed in …

The Dublin Regulation And Systemic Flaws, Jason Mitchell

San Diego International Law Journal

This Comment will discuss the systemic flaws in the Dublin Regulation and in the Member States asylum procedures, as well as the need for specificity in the definition of the systemic flaws; discussed in the Dublin Regulation. Section II will explain the history and source of obligation underlying the Dublin Regulation, and will also detail its development since its inception. Section III will explore the meaning of systemic flaws found in Article 3 of the Dublin Regulation. Section III will also discuss the cases decided by the European Court of Human Rights ( ECtHR ) and the European Court of …

Vatican Condemnation Of Nazi War Crimes: Pope Pius Xii’S Denunciation Of Wartime Atrocities, Donald H. J. Hermann

San Diego International Law Journal

The debate on the silence of Pope Pius XII has been rekindled by recent close examination of the Pope’s 1942 Christmas Message denouncing totalitarianism and the killing of persons “only because of their nationality and race,” along with a particular condemnation of Marxist Socialism and a call for national and international relations to be based on natural law principles guaranteeing justice, order, and peace. In particular, Michael Phayer, a historian writing on the Vatican’s relation to the Holocaust, suggested a need for renewed attention to the 1942 Christmas Message. According to Phayer:

Historians . . . have been rather too …

Sub Judice And Free Speech: Balancing The Right To A Fair Trial Against Freedom Of Expression In Israel, Boaz Shnoor, Doron Menashe

San Diego International Law Journal

Over the past few years, a relatively large number of cases have arisen in Israel, in which media publications have allegedly influenced criminal proceedings. The Supreme Court of Israel has issued a number of inconsistent decisions regarding such publications.

In this Article, we will study the sub judice prohibition, analyze the concern of undue influence of media publications in criminal cases in light of contemporary behavioral literature, discuss the various approaches found in contemporary Israeli case law, and propose a new and better model.

International Regulatory Entrepreneurship: Uber’S Battle With Regulators In France, Domenic J. Martini

San Diego International Law Journal

Uber is a regulatory entrepreneur: a company that seeks to change the law in its favor. In the United States, Uber’s regulatory entrepreneurship changed the American taxi industry and the laws that regulate it. But the company’s venture into France presented unique challenges. This Comment examines Uber’s regulatory entrepreneurship in France and analyzes the factors that hindered Uber’s quest to revolutionize the French taxi industry. It discusses the tension between Uber and the French government and the policies behind both sides’ goals. It also seeks a compromise between Uber and the French regulators: one that acknowledges the issues with both …

Physician-Assisted Suicide: Removing Residency Requirements In The U.S. To Comport With An International Right To Health, Alexi Silverman

San Diego International Law Journal

In 1948, the UN General Assembly passed a resolution, known as the International Bill of Human Rights. The Bill contains the Universal Declaration of Human Rights, articulating a human right to health. A subsequent treaty, the International Covenant on Civil and Political Rights states that “every human being has the inherent right to life.” Furthermore, the International Covenant on Economic, Social and Cultural Rights protects access to healthcare. However, these treaties do not explicitly recognize a “right to die,” leaving the decision of whether to allow euthanasia and physician-assisted suicide within the discretion of individual countries.

With this international background …

Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry

Faculty Publications

In United States–Certain Country of Origin Labeling Requirements, the Appellate Body ("AB") of the World Trade Organization ("WTO") ruled that the United States' country-of-origin labeling regulations ("COOL") on beef and pork products violated the Agreement on Technical Barriers to Trade's ("TBT") National Treatment ("NT") Principle. Aimed at promoting informed consumer choice, COOL required retailers to disclose the covered products' origin. In prior decisions under the General Agreement on Tariffs and Trade ("GATT") art. III:4, the AB correctly rejected protectionist rules that unnecessarily encumbered consumer choice by adversely affecting conditions of competition for imports. In US–COOL, however, the AB …

Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley

Grand Valley Journal of History

When the country of Yugoslavia disintegrated into war, the United Nations created a research commission, the Yugoslav Commission of Experts, to document war crimes. This commission, led by Cherif M. Bassiouni, depicted the conflict as a perpetual problem with historical roots and also as having victims on both sides, which presented a legal-definitional paradox to the Security Council, requiring litigation of principles, categorization of conflicts, and discussion of further involvement - if applicable. This paper traces the essentialist understandings of the Commission of Experts and the International Human Rights Law Institute – two groups that otherwise had good intentions to …

Explaining The Rise Of Isis, Anas Alqaed

Political Science Theses and Capstones

In this paper I study the circumstances that led to the rise the Islamic State in Iraq and Syria (ISIS/Daesh) and its economic power. I use articles, testimonies before US House of Representatives and analyze economic data to generate facts and draw conclusions. All references rely on primary source documents that were not released in an official capacity by ISIS. These are documents that have been released online by pro or anti-ISIS activists or information that was gathered and analyzed by research centers and international organizations. It is worth noting that non-officially released documents were very helpful in shedding more …

Marriage Matters In December, Arthur S. Leonard

Other Publications

No abstract provided.

Submission On The Draft General Comment On “State Obligations Under The Icescr In The Context Of Business Activities”, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In January 2017 CCSI made a submission to the Committee on Economic, Social and Cultural Rights, regarding its draft General Comment on “State obligations under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities.” CCSI’s submission focused on: (1) host and home states’ obligations as they relate to international investment agreements (IIAs); (2) extraterritorial obligations in the context of outward investment; and (3) state obligations related to corruption issues.

In the submission, CCSI emphasized that states must ensure that existing treaties do not generate conflicts between obligations owed under IIAs and the Covenant (in …

Guide To Land Contracts: Forestry Projects, International Senior Lawyers Project, Kaitlin Y. Cordes, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Agricultural investment contracts and forestry projects can be complex, with complicated provisions that are difficult to understand. To assist non-lawyers in better understanding agricultural investment contracts, such as those available on the Open Land Contracts repository, CCSI has developed a Guide to Land Contracts: Forestry Projects.

This Guide, prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia Center on Sustainable Investment, aims to assist the Open Land Contracts repository users in unpacking the technical provisions and language typically found in forestry contracts in order to better understand the contracts and the potential implications of …

Title Page, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson

Case Western Reserve Journal of International Law

[T]o shed some light on the uncertainty that continues to surround The Night Café’s rightful ownership. Unfortunately, the Second Circuit Court of Appeals’ unpublished ruling, issued on October 20, 2015, that only adds to that uncertainty.

International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder

Case Western Reserve Journal of International Law

The FSIA, however, did not do away with the common law act of state doctrine, which is another hurdle plaintiffs must overcome. Under the act of state doctrine, U.S. courts decline to hear suits challenging the acts of another sovereign in its own territory. This doctrine, too, is grounded in flexible principles of international comity. This essay discusses both the FSIA and the act of state doctrine in the context of cases seeking to recover art and cultural property taken during the Nazi-era and Russian Revolution after providing necessary historical background.

Political Corruption: Afflicting America And Affairs Abroad, Matthew Diller, Giselle Sedano, Sean J. Griffith, Susan Rose-Ackerman, Zachary S. Brez, Michael J. Cohn, Timothy J. Treanor

Fordham Journal of Corporate & Financial Law

No abstract provided.

Henry J. Richardson Iii: The Father Of Black Traditions Of International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.