International Law Commons^™

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …

Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

Data Producer's Right And The Protection Of Machine-Generated Data, Peter K. Yu

Faculty Scholarship

In October 2017, the European Commission advanced a proposal for the creation of a new data producer's right for non-personal, anonymized machine-generated data. Driven in large part by the automotive industry, this proposal has thus far attracted considerable criticisms. While commentators have questioned whether the proposed right is needed in the first place, the EU proposal has also generated more questions than answers.

Written for a special issue on the "Legal Implications of the Platform Economy," this essay begins by revisiting the debate on sui generis database protection in both the Europe Union and the United States. It then discusses …

A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito

Japanese Society and Culture

Taiwan is one of the most important entities for Japan in the international relations and history. Beijing government has emphasized “One-China Policy” and doesn’t recognize Taiwan as a sovereign state until the present. The issue, whether Taiwan is a de jure state, is a legal issue for only Japan based on the international legal systems of recognition and treaty. In those systems, it is evident for Japan that two peace treaties exist until the present with the Republic of China and the People’s Republic of China. The existence of two treaties means that two sovereign states who did battle against …

Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla

Pace International Law Review

Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens …

Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans

Pace International Law Review

China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …

License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa

Pace International Law Review

We live in a world of constant technological change; and with this change, comes unknown effects and consequences. This is even truer with weapons and warfare. Indeed, as the means and methods of warfare rapidly modify and transform, the effects and consequences on the laws of war are unknown. This Article addresses one such development in weapon and warfare technology—Fully Autonomous Weapons or “Killer Robots”—and discusses the inevitable use of these weapons within the current international law framework. Recognizing the current, inadequate legal framework, this Article proposes a regulation policy to mitigate the risks associated with Fully Autonomous Weapons. But …

The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann

Pace International Law Review

Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good …

International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal

Pace International Law Review

International legal responses to the threat of nuclear terrorism by non-state actors have been many but often inconsistent, inadequate, and legally unsound. This Article argues in favor of resorting to successfully-implemented methods of dealing with similar crimes. International law has already expanded from its original statist conceptions and scope to include individuals, such as in international human rights norms and international humanitarian laws. In the latter, in particular, the law has expanded in the context of both international and non-international armed conflict. This Article argues that the advancement of law in these areas can lend much to efforts to bring …

Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala

International Journal on Responsibility

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule …

International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj

International Journal on Responsibility

The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of international …

Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective, Ryan J. Vogel

International Law Studies

The need for detainee review in non-international armed conflict has never been more imperative. Yet, the law of armed conflict is almost completely silent on the subject. Although the law may not require States to conduct detainee review processes in non-international armed conflict, the spirit of the law encourages it, and States—particularly the United States—have begun to see utility in the development and implementation of such review processes. The object of this article is to identify an appropriate framework for detainee review, examine relevant U.S. state practice, and provide practical guidelines for implementing processes to review the status and threat …

Developing The Principle Of Non-Recognition, Adam Saltzman J.D.

Ohio Northern University Law Review

In an attempt to ensure enforcement of law, international bodies have developed a practice of collective non-recognition in response to serious violations of international law. This Article seeks to bring some clarity to the practice of non-recognition. Through analysis of International Court of Justice cases and State practice, the Article demonstrates a legally binding, but not acknowledged shift in the law that governs non-recognition. Then, moving beyond strict legal analysis, the Article expresses policy concerns with the current legal status of the obligation and proposes how States should legally respond.

Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter

William & Mary Bill of Rights Journal

By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.

However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford

William & Mary Bill of Rights Journal

No abstract provided.

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers

William & Mary Bill of Rights Journal

No abstract provided.

Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson

William & Mary Bill of Rights Journal

This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect …

Charter Cities, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.

International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure

William & Mary Environmental Law and Policy Review

The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean …

Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl

William & Mary Bill of Rights Journal

No abstract provided.

The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell

Ohio Northern University Law Review

No abstract provided.

A Conceptual And Comparative Analysis Of The Obligations Of Third-Party Certifiers, Jan De Bruyne

Ohio Northern University Law Review

No abstract provided.

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they clearly …

Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree

Fordham Law Review Online

This paper examines the regulation of the religious dress of men and women in two decisions by the European Court of Human Rights: Şahin v. Turkey and Arslan v. Turkey. In Şahin, the Court upheld a ban on the wearing of the Islamic headscarf, an article of clothing worn exclusively by women, at a public university. In Arslan, the Court rejected a ban on the wearing of a type of religious uniform worn only by men who were members of a politically subversive Islamic group. In both cases, the Court asserted that its decision was necessary to …

Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, Adam Szafranski, Piotr Szwedo And Malgorzata Klein

Catholic University Law Review

The internet is virtually ubiquitous and is becoming more accessible to young people all over the world. Along with the many benefits it brings, the internet poses serious risks to the human rights of its most vulnerable users, viz. children. The United Kingdom, Poland and the U.S. State of Utah have already started to mitigate this risk through a variety of regulatory mechanisms. A priori, both self-regulation and hard law can satisfy international requirements on freedom of services and freedom of expression, but each requires careful scrutiny. Neither self-regulation nor soft law appear to be sufficient. It would seem, …

Fair Use And Its Global Paradigm Evolution, Peter K. Yu

Faculty Scholarship

This Article closely examines the transplant of the fair use model in US. copyright law on to foreign soil. It begins by reviewing the literature concerning paradigm shift, in particular Thomas Kuhn's seminal work. The Article then documents a growing trend toward the worldwide adoption of the U.S. fair use model and a countertrend toward the retention of the status quo. The juxtaposition of these two trends explain why jurisdictions that set out to transplant U.S. -style fair use ended up adopting a hybrid model. The second half of this Article interrogates the different primary causes behind such a paradigm …

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …

Withdrawing From Nafta, Alison Peck

Faculty & Staff Scholarship

Since the 2016 campaign, Donald Trump has threatened to withdraw from NAFTA. Can he? The question is complex. For one thing, NAFTA is not a treaty negotiated under the Treaty Clause of the Constitution, but rather a congressional–executive agreement, a creature of dubious con- stitutionality and ill-defined withdrawal and termination parameters. This Article reviews the scope of those restrictions and concludes that unilateral presidential withdrawal from NAFTA, although not without support, is ultimately unlawful. On one hand, unilateral presidential withdrawal would be valid as a matter of international law, and the NAFTA Implementation Act appears to be designed to terminate …

Cybersecurity And The Protection Of Digital Assets: Assessing The Role Of International Investment Law And Arbitration, Julien Chaisse, Cristen Bauer

Vanderbilt Journal of Entertainment & Technology Law

The digital era provides many opportunities, yet it also presents several unique challenges with regard to cybersecurity and the protection of digital assets. Cybercrime has changed the international legal landscape as nations, businesses, and legislators grapple with how to deal with this rapidly evolving, multifaceted problem. As there is no international mechanism for protection of foreign investors in this regard, some scholars are advocating for the use of Bilateral Investment Treaties (BITs) as part of a 'olycentric" approach to cyber peace. With an uptick in digital development and more development on the horizon, it will be important to establish what …