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Articles 601 - 630 of 698
Full-Text Articles in International Law
Klatsky Endowed Lecture In Human Rights, Catherine Marchi-Uhel
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.
Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino
Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino
Case Western Reserve Journal of International Law
Elisa Massimino presents an adaptation of her speech, which focuses on role of the U.S. in the international human rights. Specific topics included praise of dictoators, withdrawal from the Human Rights Council, the need to fight to preserve and restore democracy and rule of law and the Trump Adminsitration's blocking of Muslim refugees.
Exiting Paris: What The Climate Accord Teaches About The Features Of Treaties And Executive Agreements, Eugene Kontorovich
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.
Leverage Is Everything: Understanding The Trump Administration's Linkage Between Trade Agreements And Unilateral Import Restrictions, Richard O. Cunningham
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 …
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench
Case Western Reserve Journal of International Law
Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty's "non-appropriation" principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.
Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.
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.
Responding To Chemical Weapons Use In Syria, Michael P. Scharf
Responding To Chemical Weapons Use In Syria, Michael P. Scharf
Case Western Reserve Journal of International Law
The article examines whether the April 2018 airstrikes against Syria may have constituted a tipping point in the evolving customary international law of humanitarian intervention in order to prevent the use of chemical weapons in Syria. Specifically, the back-and-forth movement of international law towards recognizing a limited right of humanitarian intervention, as well as the connection between customary international law and unilateral humanitarian intervention.
Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell
Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell
Case Western Reserve Journal of International Law
Trafficking in persons has existed around the world for many years, yet the United States has only begun to take this modem form of slavery seriously in the last two decades. The nature of sex trafficking has caused confusion for the United States and others around the globe regarding how to best deal with the commercial sex industry. The failure to reduce the commercial sex industry through traditional means of prosecuting the traffickers and their victims has motivated Sweden, and consequently the United States, to pursue a different strategy: reducing the demand through the prosecution of the buyers of commercial …
The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era, Lisa Scott, Aleksandra Miezin, Jessica Taba, Jacob Witz
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.
Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa
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 …
The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald
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.
Talking Foreign Policy: North Korea Summit, Michael P. Scharf, Et Al.
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 And The International Criminal Court: A Misguided New Policy, Mileno Sterio
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.
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
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.
Masthead, Volume 51
Masthead, Volume 51
Case Western Reserve Journal of International Law
No abstract provided.
World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron
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 …
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Case Western Reserve Journal of International Law
The article focuses on the use of force in humanitarian crises and mass atrocity crimes and limitation of the United Nations (UN) Security Council. It mentions need for a framework for non-UN authorized military force in the name of humanitarian intervention.
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
American University International Law Review
No abstract provided.
Interpretation In The Court Of Justice Of The European Union: Originalism, Purposivism, And L' Economie Générale, Siniša Rodin
Interpretation In The Court Of Justice Of The European Union: Originalism, Purposivism, And L' Economie Générale, Siniša Rodin
American University International Law Review
No abstract provided.
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
American University International Law Review
No abstract provided.
Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel
Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel
American University International Law Review
No abstract provided.
Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe
Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe
American University International Law Review
No abstract provided.
Time For The Creation Of A Standing U.N. Armed Peace Service And The Potential Employment Of Experienced U.S. Veterans As A Significant Component Of Such A Force, Ronald Sievert
The International Lawyer
No abstract provided.
Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz
Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz
The International Lawyer
No abstract provided.
The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners
The International Lawyer
This article’s objective is to introduce U.S.-based practitioners to European civil-law perspectives on whether U.S. punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions — France, Germany, Italy, Spain, and Switzerland — have dealt with the enforcement of U.S. punitive damages awards. Through each jurisdiction’s policy principles and relevant law, this article aims to afford U.S.-based practitioners initial tips and litigation strategies about how to maximize their chances of enforcing …
Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China
Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China
The International Lawyer
No abstract provided.
Uniform Interpretation Of Cisg
Uniform Interpretation Of Cisg
The International Lawyer
This UN Convention on Contracts for the International Sale of Goods (CISG) has been U.S. law for a generation and requires that it be interpreted “to promote uniformity in its application”. This article argues that uniform interpretation is impractical because 1) it is written in six official languages which do not always mean the same thing; 2) with more than 90 countries’ courts and arbitrators applying CISG, each in its own language, some of which do not regularly print their opinions, it is difficult to access all opinions on a single point; 3) since Civil Law countries consider the writings …
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
The International Lawyer
No abstract provided.
The Legitimacy Of Economic Sanctions As Countermeasures For Wrongful Acts, Lori Fisler Damrosch
The Legitimacy Of Economic Sanctions As Countermeasures For Wrongful Acts, Lori Fisler Damrosch
Faculty Scholarship
This essay offers an installment of what would have been a continuing conversation with David D. Caron, a close colleague in the field of international law, on themes that engaged both of us across multiple phases of our intersecting careers. The issues are fundamental ones for both the theory and the practice of international law, involving such core concerns as how international law can be enforced in an international system that is not yet adequately equipped with institutions to determine the existence and consequences of violations or to impose sanctions against violators; and how to ensure that self-help enforcement measures …
Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz
Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz
Faculty Scholarship
Across every region of the world, states are daily alleged to have committed or to have failed to prevent unlawful killings. From police shootings of members of ethnic minorities, to the use of lethal force against protestors during peacetime, to indiscriminate air strikes and targeted attacks on civilians during armed conflict, one of the most pressing concerns is ensuring that an effective investigation of the killing is conducted. Without an investigation, accountability is typically impossible, and families and communities must endure the pain of loss without knowing the truth, much less seeing justice. Investigations are an essential component of the …