International Law Commons^™

Even Some International Law Is Local: Implementation Of Treaties Through Subnational Mechanisms, Charlotte Ku, William H. Henning, David P. Stewart, Paul F. Diehl

Faculty Scholarship

Multilateral treaties today rarely touch on subjects where there is no domestic law in the United States, In the U.S. federal system, this domestic law may not be national law, but law of the constituent States of the United States. However, in light of the U.S. Constitution Article VI, treaties in their domestic application unavoidably federalize the subjects they address. The most sensitive issues arise when a treaty focuses on matters primarily or exclusively dealt with in the United States at the State or local level. Although U.S. practice allows for some flexibility to accommodate State/local interests, the federal government …

Women And Case Law: Some Loose And Comparative Wanderings, Laurence Burgorgue-Larsen

Connecticut Journal of International Law

Contribution, protection, promotion, such is the analytical triptych chosen to present some thoughts on the interactions between Women and Case law. This triptych will constitute the guiding compass of these few lines in order to invite the reader to an entirely free journey, without any kind of flange, particularly that of academic conformism. Breaking free from codes, from time to time, is a good thing. This journey will lead us to faraway lands, to different ages. Back and forth over time and space will be constant. France will be intentionally pushed aside in this comparative peregrination' in order to open …

Where Are The Black Judges In Europe?, Iyiola Solanke

Connecticut Journal of International Law

It is hard to deny the power of courts and the judiciary in the 21st century: law and litigation increasingly permeate everyday life. Courts and judges play a larger role in society. This increased power of judicial review has led to demands that the judiciary itself be more open to public scrutiny. For example, the use of televised sentencing is not just a cost-saving measure, but also a response to calls for more "open justice."  As courts take on a more visible role in social order, they are expected to uphold standards of public management typically expected of other democratic …

Symposium Introduction: What Can We Learn From Transnational Courts About Judicial Diversity?, Mathilde Cohen

Connecticut Journal of International Law

Transnational judicial bodies have grown in number and importance in the past century, becoming major players in international politics, lawmaking, and the global economy.1 Their decisions affect us all, whether directly or mediated by domestic legal systems. Yet the judges sitting on transnational courts are often at odds with the billions of people affected by their decisions in terms of representation. For instance, though the world is gender diverse and many domestic judiciaries have made strides toward gender parity, symposium contributor Jarpa Dawuni emphasizes that women, especially women of color, remain dramatically underrepresented on transnational courts outside of the African …

Vive La Diversite Or Aluta Continua? Achieving Gender Equity On The African Court On Human And Peoples' Rights, J. Jarpa Dawuni

Connecticut Journal of International Law

Gender activists and feminist legal scholars have converged on the important question of why international courts and tribunals have remained male dominant. Globally, while some courts at the domestic level have made varied progress in achieving sex balanced benches, many hurdles remain in changing the sex composition of international judiciaries. While women make up less than 20% of international benches, recent scholarship has shown that women from one region of the world-namely the continent of Africa, have been well represented on international benches.1 Notwithstanding the gains made across Africa, there is still scant scholarly attention paid to the issue of …

The Trial Of Civilians Before Military Courts Of Pakistan, M. Nawaz Wahla

Connecticut Journal of International Law

The Islamic Republic of Pakistan amended its Constitution and enacted the 21st Constitutional Amendment. The subject amendment created the military courts which empowered to try civilians who have been accused of committing crimes of terrorism. The thesis of the paper focuses on whether the newly enacted military courts violated the doctrine of separation of powers and deprived the accused civilians of their fundamental rights, i.e., the right to a fair trial and due process by an independent and impartial judiciary. Additionally, it focuses on whether the trials of civilians before military courts under the 2 1 st Amendment deprived them …

Towards A Less Essentialist, More Intersectional, And Institutional Approach To Gender And Judging, Sally J. Kenney

Connecticut Journal of International Law

The convictions that it profoundly matters who judges are, what they believe about the world, and what their approach to law and judging is motivates my work. My work as a scholar of comparative pregnancy discrimination, the European Court of Justice, judicial selection, gender and judging, sexual assault, and now mass incarceration further strengthens that position; as does my professional service helping to establish a collaborative research network on Gender and Judging of more than 140 scholars from more than 17 countries.1 The resolute position that who judges are matters informs my activism ranging from working on civil rights oversight …

Personal Narrative As A Tool Of Legal Analysis To Evaluate And Improve Access To Abortion Services For Indigenous Women In Canada, Ciarra J. Minacci-Morey

Connecticut Journal of International Law

Prince Edward Island (P.E.I.), Canada derives much of its beauty and special qualities from its Island-geography that limits accessibility to the mainland. P.E.I. is one of Canada's Maritime Provinces and is located to the north and west of Canada's mainland provinces of New Brunswick and Nova Scotia, respectively. Separated from the mainland by the Northumberland Strait, individuals may only access P.E.I. by air, ferry, or the 12.9- kilometer-long Confederation Bridge that connects it to New Brunswick.3 As an island with limited accessibility, P.E.I. has remained somewhat free of rapid industrialization, environmental degradation, and human destruction. But the remoteness of P.E.I. …

Why Women? Judging Transnational Courts And Tribunals, Kathryn M. Stanchi, Bridget J. Crawford, Linda L. Berger

Connecticut Journal of International Law

At the 2019 Association of American Law Schools ("AALS") Annual Meeting, the panel on Judicial Diversity in Transnational Courts asked, "Why do so few women serve on transnational courts and tribunals?"1 That line of feminist inquiry has a long tradition. As Catharine MacKinnon observed, "Feminists have this nasty habit of counting bodies and refusing not to notice their gender." 2 Underlying the panel's organizing question-and indeed much of feminist jurisprudence-is the belief that the presence (or absence) of women has consequences in almost any context. Based on personal and professional experience, we share this foundational assumption, though we note that …

Glyphosate's Fate: Comparing Strategies For The Precautionary Cancellation Of Glyphosate Registrations In The United States And The European Union, J. Julius Graefe

Connecticut Journal of International Law

Glyphosate, the active herbicide in Bayer Monsanto's (Monsanto) widely utilized weedkiller, Roundup, has been applied to conventional crops in the United States (U.S.) since the early 1970s.1 Despite being the predominant herbicide choice in American agriculture, 2 glyphosate has emerged as a controversial substance due to its suspected carcinogenic potential in humans. Recently, in the case of Johnson v. Monsanto Co.,3 a San Francisco jury decided that Plaintiff Dewayne Johnson's non-Hodgkin's lymphoma, a type of lymphatic cancer, was the result of Johnson's perennial exposure to glyphosate during his former tenure as a school groundskeeper. Since the Johnson verdict, American courts …

Towards A Carbon-Free, Decentralized, And Democratized System Of Energy Generation, Rafael Leal-Arcas, Andrew Filis, Mariya Peykova, Marius Gregor

Connecticut Journal of International Law

In line with the European Union's energy and climate targets for 2030, the European Commission has put forward a vision of an integrated energy system capable of delivering energy efficiency and a low-carbon economy. The increasing digitalization of the energy system will serve as the vehicle to a carbon-free, decentralized, and democratized system of energy generation and transmission. The introduction of smart grids across EU Member States will contribute to the shift towards a more sustainable energy system. This article will assess the eligibility and readiness for the implementation of smart grids in three jurisdictions of the European Union: Hungary, …

Interpreting Interpretation: Textual, Contextual, And Pragmatic Interpretative Methods For International Trade Law, Raj Bhala, Eric Witmer

Connecticut Journal of International Law

The conventional wisdom as to how the World Trade Organization (WTO) Appellate Body must interpret disputed terms in a treaty is incomplete, and even potentially misleading. The conventional wisdom says the Appellate Body is restricted to the tools provided by Articles 31-32 of the 1969 Vienna Convention on the Law of Treaties. The key tool is a mechanical, lexicographic hammer, namely, finding the plain meaning of a word or phrase at issue in a case between two WTO Members, with occasional recourse to surrounding passages, and if pressed, to the purpose of the treaty in which the disputed term is …

Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man

Research Collection Yong Pung How School Of Law

The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …

Peran Indonesia Dalam Menangani Etnis Muslim Rohingya Di Myanmar, Mohammad Rosyid

Jurnal Hukum & Pembangunan

Indonesia is a country that is independent but actively participates in global politics including in the case of state or majority oppression against minority ethnic or group, such as the case of Rohingya in Myanmar. Rohingya is a moslem minority ethnic living in Myanmar targeted in genocide and banished from the country under the military government. Meanwhile, the civil leader of Myanmar, Aung Sang Suu Kyi, remains silent despite her Peace Prize Nobel. On the other hand, the political stance of ASEAN needs to be strengthened to find the solution for Rohingya without intervening internal affairs of the country. Indonesia …

Mempererat Regional Asean Melalui Tatanan Hukum Keantariksaan: Peluang Dan Tantangan Bagi Indonesia, Ridha Aditya Nugraha, Kartika Paramita

Jurnal Hukum & Pembangunan

The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez

Presentations

Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.

Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga

Pace Environmental Law Review

No abstract provided.

Telling Our Stories At Ifla’S 2019 Meeting In Athens, Greece, Anne Burnett

Articles, Chapters and Online Publications

Anne Burnett summarizes the 85^th World Legal Information Congress (WLIC) and the International Federation of Library Associations and Institutions’ (IFLA) annual meeting held at the Megaron Convention Center, located in the Kolonaki neighborhood of Athens, Greece. Specially Burnett reviews two IFLA sponsored programs held August 26 - 27, 2019.

DipLawMatic Dialogues is the official blog of the Foreign, Comparative, and International Law Special Interest Group of the American Association of Law Libraries. The FCIL-SIS serves as a forum for the exchange of ideas and information on foreign, comparative and international law and legal research. This blog is intended …

Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew

International Law Studies

The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When those …

Drone Attacks On Saudi Aramco Oil Installations, Mary Ellen O'Connell

NDLS in the News

Half of Saudi Arabia’s oil production has been stopped by air attacks involving drones and possibly cruise missiles on 14 September 2019. Houthi rebels in Yemen have claimed responsibility. United States Secretary of State Mike Pompeo has asserted by tweet that Iran is responsible because there is “no evidence the attacks came from Yemen” and Iran is behind “100” attacks on Saudi Arabia. The U.S. has since released satellite imagery showing immense smoke clouds. Unnamed American officials say 19 sites were struck. According to the BBC, on 16 September, ‘UK, Foreign Secretary Dominic Raab said it was not …

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …

The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining

Pace Law Review

This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine …

Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney

DePaul Journal of Women, Gender and the Law

No abstract provided.

Fixing The Business Of Food: The Food Industry And The Sdg Challenge, Barilla Center For Food And Nutrition, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab

Columbia Center on Sustainable Investment Staff Publications

In collaboration with the Barilla Center for Food and Nutrition, the UN Sustainable Development Solutions Network, and the Santa Chiara Lab of the University of Siena, CCSI presented its first report on Fixing the Business of Food.

The document, part of a two-year effort, highlights the sustainable development challenge faced by the food industry. By proposing a Four Dimension framework, the report asks four overarching questions for companies in the food sector to address alignment with the SDGs:

1. Does the company contribute to healthy and sustainable dietary patterns through its products and strategy?
2. Are the company’s production processes economically, socially, …

Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto

Cornell Law Review

To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an explosion of international criminal law jurisprudence. Nonetheless, the contours of aiding and abetting liability in international criminal law remain contested. Courts-both domestic and international-have long struggled to identify the proper legal standard for holding actors liable for aiding and abetting even the most serious violations …

Views And News From The 8th Journal Of Private International Law Conference 2019 In Munich, Matthias Weller, Giesela Ruhl, Saloni Khanderia, Rui Dias, Adeline Chong, Apostolos Anthimos, Ivana Kunda, Ekaterina Pannebakker, Tobias Lutzi

Research Collection Yong Pung How School Of Law

From 12 to 14 September 2019, the Journal of Private International Law held its 8th Conference at the University of Munich, perfectly hosted and organized by our Munich-based colleague Anatol Dutta. Nearly 150 colleagues gathered from all over the world, amongst them many of the Conflictoflaws.net editors.

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes

Dissertations, Theses, and Capstone Projects

After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …

Jpmorgan Chase London Whale H: Cross-Border Regulation, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a global financial service provider, JPMorgan Chase (JPM) is supervised by banking regulatory agencies in different countries. Bruno Iksil, the derivatives trader primarily responsible for the $6 billion trading loss in 2012, was based in JPM’s London office. This office was regulated both by the Office of the Comptroller of the Currency (OCC) of the United States (US) and by the Financial Services Authority (FSA), which served as the sole regulator of all financial services in the United Kingdom (UK). Banking regulators in the US and the UK have entered into agreements with one another to define basic parameters …

Analysis Of The Impact Of International Maritime Laws And Regulations On China's Ocean Fisheries, Canyang Gao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.