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Symposium Debate Transcript: The Promise Of International Law: Realism Versus Legalism, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Provisional Measures: How International Human Rights Law Is Changing International Law (Inspired By Gambia V. Myanmar), Christina M. Cerna

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Commission On “Unalienable Rights”: A Critique, Douglass Cassel

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Widening Gyre: Legal Formalism And International Law’S Sense Of Place, Christopher R. Rossi

Notre Dame Journal of International & Comparative Law

No abstract provided.

Modern Day Extradition Practice: A Case Analysis Of Julian Assange, Daniela J. Restrepo

Notre Dame Journal of International & Comparative Law

No abstract provided.

Focused Accountability: A Bilateral Response To The International Proliferation Of Fentanyl Analogues, Razi Lane

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar

Theses and Dissertations

In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration as …

The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed

Theses and Dissertations

Neoliberal development proponents argue that the rule of law is essential for achieving economic development. It demands adjusting legislative and legal institutional practices to enforce and protect market operations, and the minimizing of state intervention. The IFIs and the developed states adopted this development approach in dealing with developing states through conditional-based lending. Through attaching structural regulative adjustments and the reformation of juristic institutions as preconditions to their fiscal assistance, the IFIs, influenced by the developed states, were able to impose a system of legal economic governance over the developing economies. Across the different development stages, developing states who did …

The Palestinian Refugee Regime: Tensions Between The Collective Right Of Return And Individual Rights, Shatha Oqab Abdulsamad

Theses and Dissertations

Since their initial displacement in 1948, the United Nations had devised a special temporary refugee regime for Palestinians, distinct from the international refugee regime. The distinct regime was structured in order to acknowledge Palestinian displacement as a result of a deliberate policy of state building by Israel as a national home for Jewish people in Palestine, as well as the effect of the United Nations Partition Plan. Premised as different from other refugee problems, the distinct regime devised for Palestinians was intended to be temporary, pending a final settlement that ensures their repatriation. The temporality and structure of the distinct …

State Succession In Respect Of Treaties And Notifications: A Bottleneck Approach, Aymeric Hêche

UAEU Law Journal

Nowadays, State succession in respect of treaties is mainly concerned with separation and dismemberment of States. According to the 1978 Vienna Convention on the topic, the predecessor’s treaties automatically bind the Successor State (article 34 of the said Convention). In practice, successor States are not officially bound until they issue a notification of succession. Except upon submission of a notification, the depositary does not list the Successor State as a party. The scope of this article is to highlight the central position of notifications in the succession process. Given the major role played by notifications, it is worth questioning notifications …

Command Accountability For Ai Weapon Systems In The Law Of Armed Conflict, James Kraska

International Law Studies

The use of artificial intelligence (AI) in weapon systems enhances the ability of operational forces to fuse multispectral sensors to understand the warfighting environment, positively identify, track, and select targets, and engage them with the most appropriate effects. The potential for AI to help close the “kill chain” has raised concern that this creates a gap in accountability between the decisions of humans and the acts of machines, with humans no longer accountable for decisions made during armed conflict. This study suggests that there is no gap because the military commander is always directly and individually accountable for the employment …

International Law Relating To The Use Of Deterrence And Prevention Strategies To Ensure The Efficient Management Of Water Resources, Dr. Maher Abdul Mawla

UAEU Law Journal

Many experts claim that a Third World War is most likely to occur because of the growing conflicts over water. This pure substance, which is essential for life on earth, has become an issue of common concern to all nations. The great powers, for instance, give top priority to water availability and sustainability when they develop their policies and strategies.

To prevent and resolve water disputes, the international community has set many rules regarding the sustainable, efficient and equitable use of water. These rules, which are enshrined in international law, vary from state to state because they mainly deal with …

Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf

International Law Studies

The speech given by the Israeli Deputy Attorney General (International Law) at the Naval War College’s event on “Disruptive Technologies and International Law” sets out, for the first time, Israel’s position on the application of international law to cyber operations. Consistent with the position taken by the vast majority of States thus far, Israel considers that international law applies to such operations. The speech stresses that questions pertaining to the identification and application of relevant legal rules remain, given the profound differences between the cyber domain and traditional domains of warfare—land, sea, and air. Therefore, in Israel’s view, a cautious …

Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum

International Law Studies

Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.

Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …

Conditions Of Human Rights In Ethiopia In The Aftermath Of Political Reform, Andinet Adinew Tesfaye, Endalkachew Abera Mekuriya

Northwestern Journal of Human Rights

No abstract provided.

Introduction To Symposium, "Human Rights And Access To Justice In Ethiopia", Thomas Geraghty

Northwestern Journal of Human Rights

No abstract provided.

Disability Rights Are Human Rights: Pushing Ethiopia Towards A Rights-Based Movement, Sirak Akalu Iyassu, Fiona Mckinnon

Northwestern Journal of Human Rights

Official estimates suggest that 95 percent of Ethiopia’s disabled live under the poverty line and are unemployed. To get by, many must beg or depend on family and friends. The Ministry of Labor and Social Affairs, the ministry responsible for enforcing rights of disabled people, is a paper tiger, toothless at that. Recent data suggest that only one percent of Ethiopian buildings and roads are fully accessible to the disabled. Yet accessibility is not only a physical, but also a social, cultural, and political sine qua non—and so a matter of human rights.

Rights of Ethiopia’s disabled have been …

Remedies For Human Rights Violations: A Reform Proposal For Addressing Victims Of Criminal Proceedings In Ethiopia, Abdi Jibril Ali

Northwestern Journal of Human Rights

No abstract provided.

Multiple Legal Orders In Ethiopia: An Impediment On The Enforcement Of Women Rights, Daniel E. Alemayehu

Northwestern Journal of Human Rights

No abstract provided.

Reform Of Regulation Of Legal Practice In Ethiopia: Does It Improve Access To Justice?, Tewodros Meheret

Northwestern Journal of Human Rights

Legal practice has been one of the focus areas of the reform agenda following the appointment of Abiy Ahmed (PhD) as the new Prime Minister of Ethiopia on April 2, 2018 following the resignation of his predecessor. As a response to public discontent which led to the change in leadership, he promised and commenced sweeping changes. Accordingly, working teams were formed under the Advisory Council organized under the auspice of the Attorney General and one of them has been working on regulation of legal practice. It submitted a draft bill to the Office of the Attorney General months back and …

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …

مسؤولية المنظمات الدولية عن الفعل غير المشروع دولياً دراسة تحليلية في مشروع مواد لجنة القانون الدولي الدكتور المحامي محمود برهان العطور

UAEU Law Journal

من المبادئ العامة في القانون تحمل الشخص المكلف طبيعياً أم معنوياً تبعات الفعل الذي يمارسه، فإن تجاوز حدود المشروعية وكانت أفعاله تخالف أحكام القانون وتنتهك الالتزامات القانونية المترتبة عليه يتوجب تقرير مسؤوليته عن هذه الأفعال بما يرتب تحمل تبعاتها. في القانون الدولي كما في القانون الداخلي تترتب المسؤولية على أشخاص القانون الدولي في حال ممارستهم أفعالا غير مشروعة، وقد عرفت هذه المسؤولية قديماً ولكنها أخذت تأطيراً قانونياً دولياً متأخراً نوعا ما نتيجة الظهور الحديث لبعض الفئات كالمنظمات الدولية التي تمارس مهام عملها حسب تخصصها من خلال أطرها الوظيفية ووكلائها والمتعاقدين معها وفقاً لقواعد إنشائها. وقد خلصت لجنة القانون الدولي التابعة …

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

Questions Relating To The Continental Shelf Beyond 200 Nautical Miles: Delimitation, Delineation, And Revenue Sharing, Helmut Tuerk

International Law Studies

Article 76 UNCLOS provides a new definition of the legal continental shelf, which grants coastal States sovereign rights and jurisdiction extending to the outer edge of the continental margin. The broad-shelf States had to make two compromises to have that provision accepted, that is revenue-sharing for the benefit of the international community with respect to the continental shelf beyond 200 nautical miles, enshrined in Article 82 UNCLOS, and the delineation of the outer limits of the continental shelf beyond that distance “on the basis of” recommendations by the CLCS, in order that these limits may become “final and binding.” In …

Due Diligence In International Tax Law, Reuven S. Avi-Yonah, Gianluca Mazzoni

Book Chapters

This chapter describes how the due diligence standard was developed in international tax law before 2008, and then how the standard was greatly modified after the financial crisis, the enactment of the Foreign Account Tax Compliance Act of 2010 (FATCA), and the subsequent development of the Common Reporting Standards (CRS). The chapter outlines how the due diligence concept is applied to private actors, especially financial institutions, to prevent tax evasion. It ends with some conclusions including that while due diligence in international tax law is currently embodied in a specific set of rules, there remains an absence of an overarching …

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …

The Value And Viability Of The South China Sea Arbitration Ruling: The U.S. Perspective 2016–2020, Jonathan G. Odom

International Law Studies

In 2016, an international arbitral tribunal issued a landmark ruling addressing a number of international law issues in the South China Sea. Yet more than four years have passed since that ruling, and the South China Sea situation remains unresolved. The South China Sea arbitration ruling was a positive step in applying a rules-based approach to framing, managing and resolving some of these international disputes. Thus, the international community should reflect upon the value and viability of the arbitral tribunal’s ruling, to include viewing it from the current perspectives of individual States. This article provides a more detailed review and …

Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson

International Law Studies

Facing hostile cyber operations, States are crafting responsive strategies, tactics and rules of engagement. One of the major challenges in doing so is that key aspects of the international law governing cyber responses are vague, unsettled or complex. Not surprisingly, therefore, international law is markedly absent from strategies and operational concepts. Rather, they tend to take on a practical “tit-for-tat” feel as policymakers logically view “in-kind” responses as “fair play.” For them, responding in-kind surely must be lawful notwithstanding any challenges in discerning the precise legal character of the initial hostile cyber operation.

Testing that sense, this article examines the …

Navigational Regimes, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

China's Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.