International Law Commons^™

India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta

Columbia Center on Sustainable Investment Staff Publications

In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.

Do We Need A Global Commercial Code?, Michael Joachim Bonell

Dickinson Law Review (2017-Present)

The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …

A Natural Progression Of Restrictive Immunity: Why The Jasta Amendment Does Not Violate International Law, Eric T. Kohan

Washington Law Review

On September 11, 2001, terrorists from extremist group al-Qaeda hijacked four commercial flights and flew two into the World Trade Center towers in New York City and one into the Pentagon in Washington, D.C. Many sought justice for friends and loved ones harmed in the attacks by bringing lawsuits against Saudi Arabia. These lawsuits alleged that Saudi Arabian leaders knowingly donated to charities that funded al-Qaeda which helped the group to pay for the September 11th terror attacks. The Second Circuit, however, dismissed the lawsuit on sovereign immunity grounds in 2008. Frustrated with the ruling, Congress passed the Justice Against …

Case Global: Alumni, Faculty And Students Join Fight For Immigrant Rights In U.S., Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 9, No. 1 (2017)

• Alumni, faculty and students join fight for immigrant rights in U.S. (cover)
• Special Report: Fighting for Immigrant Rights
• LLM Program Earns Top Ranking
• Jessup and Vis Teams Win Top Honors
• Journal of International Law Celebrates 50th Year
• Law School in Cutting Edge in Foreign Partnerships
• Foreign Policy Talk Radio Show Renewed for Fifth Year
• Law School Partners in Nation’s First Graduate Program in Military Ethics
• Financial Integrity Degree Expanding to D.C.
• Law School Receives Historic Grant for Human Trafficking Program
• Law Students Intern Around the World
• “How I Spent My Summer”
• 2017-18 Conferences and Lectures …

The Bandung Ethic And International Human Rights Praxis: Yesterday, Today And Tomorrow, Obiora C. Okafor

Articles & Book Chapters

Between April 18 and 24, 1955, a group of twenty-nine African and Asian states gathered in Bandung, Indonesia, for the very first Afro-Asian summit in recorded human history. Almost every single African and Asian state that was independent at the time was represented at Bandung. It is no wonder then that this moment is widely regarded in the literature as “the foundational moment of the Third World.” Issued on April 24, 1955, the Conference’s Final Communiqué captured what I refer to in this chapter as the Bandung ethic. This conference also inspired a long line of subsequent meetings of the …

Masthead, Cardozo International & Comparative Law Review, Vol. 1 (2017-18)

Cardozo International & Comparative Law Review

No abstract provided.

Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners, Catherine M. A. Mccauliff

Cardozo International & Comparative Law Review

The article argues that the European Union (EU) faces significant challenges to its cohesion and values, including rising populism, corruption, and economic inequality. It posits that the EU’s future depends on leaders embracing the founding principles of unity, solidarity, and human rights, as envisioned by figures like Robert Schuman. The analysis emphasizes the need for commitment to these values to counteract forces of disintegration and ensure prosperity, peace, and justice for all members.

The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao

Cardozo International & Comparative Law Review

This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz

Cardozo International & Comparative Law Review

The note examines the systemic discrimination faced by transgender individuals, particularly in access to bathrooms and prison housing, arguing that such treatment reflects broader societal and legal failures to recognize and protect gender identity. It critiques binary policies that perpetuate harm and advocates for inclusive measures to ensure equal rights and safety. The analysis underscores the legal system's evolving understanding of gender identity and the urgent need for enforceable protections.

A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market, Amanda Kusnierz

Cardozo International & Comparative Law Review

The note argues that counterfeiting has become a critical funding mechanism for terrorist organizations, particularly radical Islamic jihadist groups, due to its profitability and relative anonymity. Current legal frameworks, such as the Anti-Counterfeiting Trade Agreement (ACTA) and material support laws like section 2339B of the USA PATRIOT Act, are insufficient to address this threat effectively. The analysis highlights the need for stricter penalties, increased consumer awareness, and international cooperation to disrupt the financial networks supporting terrorism through counterfeiting.

Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It, Ruth Buchbinder

Cardozo International & Comparative Law Review

The note argues that the use of Collective Bargaining Agreements (CBAs) to enforce antidoping policies in professional sports is inherently flawed due to the time-consuming negotiation process and conflicting priorities between leagues and players associations. It highlights the need for independent organizations like the US Anti-Doping Agency (USADA) to address doping issues more effectively. The note also emphasizes the challenges posed by legal rulings, such as Williams v. National Football League, which undermine the enforceability of CBA provisions, and calls for federal intervention to establish uniform standards and criminal penalties for performance-enhancing drug (PED) use.

Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine

Cardozo International & Comparative Law Review

The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.

Asean And The South China Sea: Approaches To Resolving The Conflict, Jennifer Jie Li

Independent Study Project (ISP) Collection

In recent years, tensions have escalated between actors in the South China Sea, one of which is the Association for Southeast Asian Nations (ASEAN), the region’s primary intergovernmental organization. The purpose of this report is to determine the effectiveness of ASEAN in resolving the South China Sea disputes and to clarify how geopolitical factors have impacted the organization’s actions. Through an analysis of evolving maritime claims and the current state of affairs, this paper suggests that ASEAN must be involved in any attempt to resolve the conflict peacefully. Acknowledging the importance of the diplomatic channels that ASEAN has created to …

Evaluating Frameworks For Multilateral Investor-State Dispute Settlement, Danielle Rosenthal

Independent Study Project (ISP) Collection

Utilizing both empirical studies of investor-state dispute settlement (ISDS) regimes and the accounts of both public and private practitioners of these processes, this study aims to inform public policymakers, multinational corporation leadership, and academic researchers on some of the key issues to consider when developing a multilateral friendly ISDS regime. By analyzing the procedural and functional details of both traditional arbitration (via the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law) and investment dispute courts (via those proposed in the Trans-Atlantic Trade and Investment Partnership and the EU Canada Comprehensive Economic and …

How A Class Action Plaintiff's Request For Attorney's Fees Can Prevent Mootness Despite A Defendant's Tender Of Damages, Lyuba Shamailova

Cardozo Law Review

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior

Canadian Abortion Law, Raymond Michael Ferri, Terese Ferri

The Catholic Lawyer

No abstract provided.

International Patent Treaties: An Attempt To Make Intellectual Property Rights In Living Matter More User-Friendly, Steven M. Ruby

Oklahoma Journal of Law and Technology

No abstract provided.

Perez-Guzman V. Sessions: Brief Of Scholars Of Immigration And International Law As Amici Curiae In Support Of Petitioner, James C. Hathaway

Appellate Briefs

The seven amici curiae are distinguished scholars of international law, refugee rights, and the immigration laws of the United States. The names and biographical information of the amici, who are participating in their individual capacities and not as representatives of the institutions with which they are affiliated, are appended to this brief.

Over two centuries ago, this Court laid down the fundamental principle of statutory interpretation that "an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains." Murray v. Schooner Charming Betsy, & U.S. (2 Cranch) 64, 118 …

A Principled Defence Of The International Human Right To Privacy: A Response To Frédéric Sourgens, Asaf Lubin

Articles by Maurer Faculty

Part I offers a brief summary of Sourgens’ key arguments and his legal rationales for them. Part II pushes against the existence of a general privacy principle. This Part challenges both the methodology employed by Sourgens to identify this principle, as well as the practicality of the overall endeavor. Part III makes the case for an extraterritorial right to privacy under both treaty and customary international law. This Part further analyzes recent successes of IHRL in fighting against unwarranted surveillance, and concludes by providing counter-arguments to the concerns raised by Sourgens regarding the effectiveness of the human rights discourse in …

Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen

Texas A&M Law Review

Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …

Rethinking Force Majeure In Public International Law, Myanna Dellinger

Pace Law Review

Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around the world, ranging from the obvious damage caused by hurricanes, floods, extreme rainfall, prolonged droughts, wildfires and a host of other weather-related issues to the perhaps less obvious such as physical and mental illnesses, “civil unrest, riots, mass migrations and perhaps wars caused by water …

Pale And Wan, Comatose Maybe, But Not Dead: A Response To Bleimaier, Sanford R. Silverburg

The Catholic Lawyer

No abstract provided.

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Nature Of The Crimes In The African Criminal Court, Charles C. Jalloh

Articles

This article examines the distinction between 'international' and 'transnational' crimes in contemporary international legal literature. It considers this traditional division through the lens of the African Union (AU) s Malabo Protocol, adopted in June 2014, which seeks to establish the first regional penal court with material jurisdiction over 14 crimes. The author argues that, while the international/transnational crimes distinction may be analytically convenient for scholars, the codification of both types of prohibitions into a regional treaty illustrates that some states are less concerned about adherence to crime categories and more interested in proscribing whatever conduct pose threats to their peace …

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.

Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.

We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance …

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.