International Law Commons^™

Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench

Case Western Reserve Journal of International Law

An introduction to the issue topics, ranging from U.S.-North Korean relations and its policies toward rogue states to immigration law and human rights in the U.S.

Exiting Paris: What The Climate Accord Teaches About The Features Of Treaties And Executive Agreements, Eugene Kontorovich

Case Western Reserve Journal of International Law

The article discusses the United States' withdrawal from the Paris Climate Accords, which has two features -- a protracted withdrawal period and broad multilateral structure--which keep it from having an effect as a sole executive agreement.

Elements Of Its Own Demise: Key Flaws In The Obama Administration's Domestic Approach To The Iran Nuclear Agreement, Jamil N. Jaffer

Case Western Reserve Journal of International Law

The article discusses the United States' eventual withdrawal by the U.S. from Joint Comprehensive Plan of Action (JCPOA). Congressional review of the agreement helped President Donald Trump's withdrawal.

Klatsky Endowed Lecture In Human Rights, Catherine Marchi-Uhel

Case Western Reserve Journal of International Law

Catherine Marchi-Uheldiscusses widespread violations of human rights and international humanitarian lawm which the international community should address.

Leverage Is Everything: Understanding The Trump Administration's Linkage Between Trade Agreements And Unilateral Import Restrictions, Richard O. Cunningham

Case Western Reserve Journal of International Law

This paper offers an understanding of the Trump administration's (Administration) often-perplexing approach to international trade policy and, in particular, the Administration's repeated threats to withdraw from or renegotiate bilateral, regional and multilateral trade agreements. The central premise offered here is that all Administration trade actions--including both its approach to trade agreements and its threats or use of unilateral import restrictions--must be seen in terms of two fundamental goals. The first is to eliminate U.S. trade deficits with foreign countries (individually or collectively). The second is to restore the U.S. manufacturing sector by limiting imports and by bringing back to the …

Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa

Case Western Reserve Journal of International Law

This Note examines the process of choosing an arbitrator in international arbitration. Much of the debate and criticism of this process addresses the lack of diversity in arbitral tribunals around the world. Diversity in this context means not only traditional diversity (i.e. gender, race, ethnicity), but also the basic idea of adding "fresh faces " to arbitral tribunals. Yet the ethical obligation to provide a client with the best chance to prevail encourages counsel to choose a familiar, wellknown name with an established "track record" over a littleknown "dark horse. " This tension illustrates a fundamental point of friction in …

Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.

The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era, Lisa Scott, Aleksandra Miezin, Jessica Taba, Jacob Witz

Case Western Reserve Journal of International Law

The article focuses on several anti-immigration policies of the U.S. President Donald Trump which include "America First," and "Buy American and Hire American," which have rendered the U.S. immigration system nearly impossible to navigate without an experienced, highly-skilled attorney. It mentions cancellation of the Deferred Action for Childhood Arrivals (DACA) program as a rollback on basic human rights as seen through family separations.

Talking Foreign Policy: North Korea Summit, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law Michael Scharf in which experts such as Shannon French, Tim Webster and Milena Sterio discuss North Korea's nuclear weapons test and related topics.

The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii

Case Western Reserve Journal of International Law

The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.

The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.

The Trump Administration And The International Criminal Court: A Misguided New Policy, Mileno Sterio

Case Western Reserve Journal of International Law

The article focuses on the approach of U.S. President Donald Trump' administration regarding International Criminal Court (ICC). It presents views of National Security Advisor John Bolton on Protecting American Constitutionalism and Sovereignty from International Threats.

Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly

Case Western Reserve Journal of International Law

In 2017, two Guantanamo Bay detainees filed writs of certiorari with the Supreme Court of the United States. Through different claims, both men argued that the military commissions convened to prosecute them lacked subject matter jurisdiction to do so. The first man, Ali Hamza Ahmad Suliman al Bahlul, challenged his conspiracy conviction on the basis that it is unconstitutional to try purely domestic offenses in a non-Artide III tribunal. The second, Abd al Rahim al-Nashiri, has not yet been tried. As such, he raised pretrial objections to his military commission's competence to try him for crimes committed pre-9/11. In October …

World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron

Case Western Reserve Journal of International Law

ISIS's use of social media presents a new challenge for counterterror efforts. The organization aims to recruit followers and incite violence through social media. Given that this is a new medium for terrorist organizations, social media companies have come under fire for indirectly providing ISIS with farreaching platforms to spread its content. The companies, as well as national governments and international entities, have attempted to respond to the threat posed by such content. These responses, however, have proven ineffective. This Note argues that to effectively respond to and combat the threat posed by terrorist speech, national governments should adopt a …

Masthead, Volume 51

Case Western Reserve Journal of International Law

No abstract provided.

Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund

American University National Security Law Brief

No abstract provided.

Vol. 51, No. 4 Table Of Contents

Cornell International Law Journal

No abstract provided.

Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer

Cornell International Law Journal

Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …

Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn

Cornell International Law Journal

The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …

Out Of The Legal Wilderness: Peacetime Espionage, International Law And The Existence Of Customary Exceptions, Inaki Navarrete Mr, Russell Buchan

Cornell International Law Journal

This Article demonstrates that peacetime espionage does not benefit from permissive customary international law exceptions. The mainstream view contends that, though peacetime espionage may contravene international law, developments in customary international law (CIL) nevertheless undercut State responsibility for such conduct. The gist of this view is that acts of espionage benefit from permissive CIL exceptions because its practice is widespread and accepted within the international society. However, the mainstream literature has rarely-if ever-meaningfully engaged with the practice of espionage in an effort to tease out the objective and subjective elements supportive of customary espionage exceptions. This Article closes this gap …

The Non-Proliferation Of Nuclear Weapons As Jus Cogens, Gaela Normile

Penn State Law Review (2003 - Present)

As a result of the Manhattan Project, a secret nuclear weapons program in 1946, the United States became the first nation in the world to secure a nuclear weapon. Although the United States’ nuclear weapon resulted in an international desire to attain similar capabilities, the leading scientists of the Manhattan Project released a somber statement that first reflected the destructive nature of nuclear weapons. The Manhattan Project scientists warned that a “grave danger lies ahead” if the issues associated with the weapon were not “carefully analyzed and discussed with competent authorities.”

The statement released by the Manhattan Project scientists was …

Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa

American University International Law Review

No abstract provided.

The Patent Ability Of Genetic Therapies: Car-T And Medical Treatment Exclusions Around The World, Luis Gil Abinader, Jorge L. Contreras

American University International Law Review

No abstract provided.

New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello

UC Law SF International Law Review

In February 2014, the Supreme Court of Mexico, referring to some American cases and scholarly articles, held that punitive damages must be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the head of moral damages (daños morales). Before this landmark decision, punitive damages were unknown to the Mexican legal system. The authors submit that the legal transplant carried out in Mexico has a few problems, which concern both the incorrect understanding of the adopted rule and the incompatibility of the host legal system. As a consequence, punitive damages, as they stand now in …

Securing The Nation Or Entrenching The Board? The Evolution Of Cfius Review Of Corporate Acquisitions, Amy Deen Westbrook

Marquette Law Review

The Committee on Foreign Investment in the United States (CFIUS), which reviews transactions based on national security concerns, has recently become critical to the operation of the U.S. economy. In March of 2018, CFIUS review led to the prohibition of Broadcom Limited’s acquisition of Qualcomm Corp., which would have been the largest technology merger in history. In August of 2018, CFIUS was dramatically expanded with the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). Major transactions must now reckon with the uncertainties of CFIUS review.

Created over thirty years ago as a reporting and monitoring committee, …

An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes

Faculty Journal Articles and Book Chapters

Although offenses against international law have been proscribed at a certain level of generality, nobody hitherto has examined closely the scientific and ecological damages that would be imposed by nuclear strikes in relation to resulting possible law-ofwar violations. To correct that information deficit and institutional shortfall, the first Part of this Article constructs a hortatory proposal for a tribunal for the use of nuclear weapons under international law. The second Part of the Article shows how such a tribunal statute would have a real-world effect on those charged with launching nuclear strikes and determining the legality of the strike orders. …

Judicial Independence And Accountability: Withstanding Political Stress, Leah Wortham

Scholarly Articles

For democracy and the rule of law to function and flourish, important actors in the justice system need sufficient independence from politicians in power to act under rule of law rather than political pressure. The court system must offer a place where government action can be reviewed, challenged, and, when necessary, limited to protect constitutional and legal bounds, safeguard internationally-recognized human rights, and prevent departures from a fair and impartial system of law enforcement and dispute resolution. Courts also should offer a place where government officials can be held accountable. People within and outside a country need faith that court …

Introduction: The Role And Contributions Of The International Law Commission To The Development Of International Law, A Symposium Celebrating The 70th Anniversary Of The Ilc, Charles C. Jalloh

Articles

No abstract provided.

The International Law Commission's First Draft Convention On Crimes Against Humanity, Charles C. Jalloh

Articles

The UN General Assembly established the International Law Commission ("ILC") in 1947 to assist States with the promotion of 1) the progressive development of international law and 2) its codification. The ILC's first assignment from the General Assembly was to formulate the Nuremberg Principles, which affirmed the then radical idea that individuals can be held liable for certain international crimes at the international level. Since then, the ILC has played a seminal role in the development of modern international criminal law. In 2017, the ILC adopted on first reading a draft convention aimed at the prevention and punishment of crimes …

Precedent And Dialogue In Investment Treaty Arbitration, Richard C. Chen

Faculty Publications

Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context. Scholarship in this area has focused on explaining the rise of this de facto doctrine of precedent and evaluating the merits of the practice. Few have grappled with more practical questions about how precedent should operate in this unique sphere, but even a cursory examination of ITA decisions would reveal that some order and …