International Law Commons^™

China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Contemporary Writings In A Global Society: Collected Works

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.

How Did They Become Law?: A Jurisprudential Inquiry About The Outcome Principles Of Historic United Nations Environmental Conferences, Woong Kyu Sung

Georgia Journal of International & Comparative Law

No abstract provided.

Implementing The International Health Regulations (2005) With Search Engine-Based Syndromic Surveillance, Ryan Sullivan

Georgia Journal of International & Comparative Law

No abstract provided.

Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard

Georgia Journal of International & Comparative Law

No abstract provided.

Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli

Georgia Journal of International & Comparative Law

No abstract provided.

Containing Iran And Maintaining Legitimacy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Navigational Freedom: The Most Critical Common Heritage, John Norton Moore

International Law Studies

This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.

Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn

International Law Studies

This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 18, 2017.

The Information Regulation Of Business Actors, Kishanthi Parella

Scholarly Articles

A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy …

How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change, Lisa E. Sachs, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The sustainable development goals (SDGs) and the Paris Agreement lay out a global consensus on the need to curb human-induced climate change and to achieve sustainable development. These concepts are linked. The urgency of addressing climate change is critical for global efforts to reduce poverty and advance sustainable development, but also climate-change mitigation must be pursued in a manner consistent with ending poverty, promoting economic development, respecting human rights, and ensuring social inclusion. CCSI and the UN Sustainable Development Solutions Network (SDSN) have published a briefing note summarizing the ways in which international oil and gas companies can help expand …

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Cornell Law Faculty Publications

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear. To …

A Market For Sovereignty? The Roles Of Other States In Self-Determination, Karen Knop

Osgoode Hall Law Journal

How can the popular sovereignty associated with international law’s regulation of self-determination (secession) be reconciled with the state’s traditional property-like prerogative to transfer (cede) territory regardless of the inhabitants’ wishes? Joseph Blocher and Mitu Gulati innovatively propose a “market” for sovereignty that would treat secession more like a sale of property, and cession, less.

Existing international law does not conceive of states as potential bidders, buyers, backers, underwriters or investors in a people’s exercise of self-determination. However, international lawyers should not overestimate the differences with Blocher and Gulati’s unconventional proposal. Compared to their idea of market-generated options for sovereignty, the …

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith

Michigan Law Review

Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …

E Pluribus Unum – Out Of Many, One Common European Sales Law?, Viktor Előd Cserép

Pace International Law Review

In light of the fragmentation due to the nationalization of civil and commercial law and the growing intensity of cross-border trade in manufactured goods, arguments for the unification of private law surfaced already from the early 20th century. Such attempts resulted in, among others, the CISG, the UPICC or the PECL. In line with this pattern, as an attempt to make Out of Many, One Common European Sales Law, a Proposal for a Regulation on a Common European Sales Law (CESL) was published in 2011. The aim of the present contribution is to explore the background of the Proposal and …

Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross

American Indian Law Journal

No abstract provided.

Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell

International Law Studies

Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …

Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft

Duke Law & Technology Review

Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.

Inside The Arbitrator's Mind, Susan Franck

Scholarly Articles in Law Reviews & Journals

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell

Senior Honors Projects, 2010-2019

During the 2014 Israel-Gaza War, approximately 2,251 Palestinians and 73 Israelis were killed as a result of the fifty-one day long conflict. As the deadliest and most destructive conflict since 1948, the international community has widely condemned the actions taken by Israeli and Palestinian actors throughout the conflict. Despite international condemnation, currently the International Criminal Court (ICC) is the only institution conducting a criminal investigation into the recent conflict. Upon Palestine accession into the Rome Statute in June of 2015, the ICC opened a preliminary examination regarding alleged crimes committed in the occupied territory of Palestine since June 13, 2014. …