International Law Commons^™

About The New Pca Rules And Their Application To Satellite Communication Disputes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In 2011 the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities were adopted. The present contribution addresses the possible relevance of these new rules for disputes regarding international satellite communication, noting the existence of various dispute settlement regimes already available and analyzing their respective usefulness for such international satellite communications disputes.

The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin

Law Faculty Research Publications

Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …

Understanding International Law, Stephen C. Mccaffrey

McGeorge School of Law Teaching Materials

his clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place …

Towards Peer Pressure In Post-Disaster Governance: An Empirical Study, Shahla F. Ali

UC Law SF International Law Review

Recent experience reminds us the United States is anything but immune to the effects of major natural disasters; in 2012 Hurricane Sandy demolished the entire eastern seaboard, impacted 24 states and caused $50 billion to $68 billion of damage. As natural disasters occur with increasing frequency, there is growing interest and scholarship in disaster relief governance. Empirical researth regarding the mechanisms of post-disaster local governance is therefore timely given the scale and magnitude of suffering involved. The findings presented in this article driw on the attitudes and perceptions of practitioners working in disaster response fields to provide us with insights …

Host States' Due Diligence Obligations In International Investment Law, Eric De Brabandere

Syracuse Journal of International Law and Commerce

Due diligence is present in a variety of aspects of the protection of foreign investors in international investment law and plays an important role in several aspects of the protection of foreign investors. In particular, certain standards of investment protection, notably "full protection and security" ("FPS") include an obligation for the State to act with due diligence.

This articles seeks to establish an explanatory framework for past and future decisions of arbitral tribunals which have applied or will be confronted to applications of the due diligence standard in international investment law, by providing a typology of the different possible applications …

Cpa Dictates On Iraq: Not An Update To The Customary International Law Of Occupation But The Nucleus Of Blowback With The Emergence Of Isis, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.

Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Property And Exceptionalism In China And The Anglo-American World, 1650-1860, Tahirih V. Lee

Scholarly Publications

No abstract provided.

The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, Andrew Zashin

Faculty Publications

This paper asserts that the only way true progress can be made regarding this problem is for the United States to acknowledge that this serious problem actually exists. One has to look beyond the feel-good statistics and congratulatory press releases to see that the existing system, including the application of the Hague Convention on Child Abduction, fails LBPs. Until the nature and scope of the problem is identified and examined, the United States will continue to be a refuge state for child abductors.

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

UC Law SF International Law Review

The United States' Supreme Court has never upheld a claim of estoppel against the government. A citizen relying on the government's advice does that at her peril: if the government wrongfully misrepresents or misinterprets a statute it can (and by some interpretations, must) go back on its word leaving the aggrieved citizen with no recourse. The Supreme Court has provided many arguments for this position, but the core of its rationale is premised on protecting what Europeans refer to as "the principle of legality." The principle of legality states that the Executive cannot waive requirements from primary legislation or deviate …

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.

Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia

Children's Legal Rights Journal

No abstract provided.

The Continuing Relevance Of International Refugee Law In A Globalized World, Guy S. Goodwin-Gill

Intercultural Human Rights Law Review

The movement of people between States continues to be high on national and international agendas. One does not need to look far beyond the headlines to see what a difficult issue it is for States and for regional and international organizations, and how often they make a mess of managing it. Nor does one need to look hard to discover how desperate is the situation of many a migrant, whether in the physical hardships and risk to life and limb encountered during the search for refuge, or in the often incomprehensible and complex web of national laws and procedures with …

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl

Scholarly Articles

The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …

Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu

Faculty Publications

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …

Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie

Faculty Publications

When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …

Global Systemic Risk And International Regulatory Coordination: Squaring Sovereignty And Financial Stability, Federico Lupo-Pasini, Ross P. Buckley

American University International Law Review

No abstract provided.

Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Measuring Constitutional Islamization: The Islamic Constitutions Index, Dawood I. Ahmed, Moamen Gouda

UC Law SF International Law Review

The military coup in Egypt and the Taliban insurgency in Pakistan and Afghanistan have once again highlighted the political stakes of incorporating Islam within a constitution. Many constitutions in the Muslim world contain clauses that recognize the Islamic character of the state; yet, there is little scholarship empirically analyzing these clauses; indeed, while much has been written about the effects of incorporating a particular type of clause-the Islamic supremacy clause, to date, we know very little about the comparative constitutional universe of Islamic clauses: How prevalent is Constitutional Islamization? Which countries have the most or least Islamized constitutions? Do secular …

Mercosur: Venezuela's New Vehicle For Resistance To American Political And Economic Hegemony, Noah Asa Phillips

UC Law SF International Law Review

Throughout his tenure, President Hugo Chavez of Venezuela carried out an ideological political vision of resistance to United States political and economic hegemony in Latin America. Due to Venezuela's large political and economic influence in Latin America, Chavez's administration has repeatedly thwarted efforts by the United States government and American corporations to maintain their economic dominance in the region. Venezuela's antagonistic foreign policies over the last decade have resulted in an opening up of an autonomous policy space in Latin and Central America and presented a serious pushback to United States political and corporate presence in Latin America.

With Venezuela's …

Globalizing Representative Democracy: The Emergence Of Multilayered International Parliamentalism, Davor Jancic

UC Law SF International Law Review

As globalization penetrates the realm of democracy, the internationalization of the institution of parliament, as the epitome of popular representation in liberal democracies - continues to be largely ignored by key studies in international law, constitutional law and global governance. This article seeks to place international parliamentarism on the radar of legal scholarship, reassess the value that representative democracy has in the globalized world, and demonstrate that understanding parliaments as purely domestic institutions immune from international integrative forces is no longer tenable. This article argues that international interparliamentary relations do not occur merely within isolated forums but can and do …

The Basic Law, Universal Suffrage And The Rule Of Law In Hong Kong, Michael C. Davis

UC Law SF International Law Review

The recently published PRC White Paper and NPC Standing Committee Decisions have put both Hong Kong's democratic development and its rule of law under threat. These reports have emphasized the NPC Standing Committee's ultimate power to interpret and amend the Basic Law as it sees fit with seemingly no constraint. In disregard of China's international legal obligations respecting Hong Kong under the Sino-British Joint Declaration and the ICCPR these reports have emphasized the resting of all authority in the PRC Central Government. Great liberty has been taken with regard to critical language in Article 45 of the Basic Law, which …

What Is An Emergency? The Legal Politics Of Defining The "Un-Definable", Dr. Karin Loevy

ILSA Journal of International & Comparative Law

The famous House of Lords Belmarsh decision - in which eight Lords quashed the United Kingdom government's 2001 derogation order and declared incompatible with European Convention rights Section 23 of the Anti Terrorism, Crime and Security Act (2001)("ATCSA"), authorizing the Home Secretary to detain without trial suspected international terrorists who cannot, for legal or practical reasons, be deported from the United Kingdom

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

In this issue of the ILSA Journal of International and Comparative Law we have target problems that go across borders, affecting millions, without a distinction on their nationality.

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.

Middle East & North Africa, Human Rights Brief

Human Rights Brief

No abstract provided.

Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser

Human Rights Brief

No abstract provided.

Asia & Oceania, Human Rights Brief

Human Rights Brief

No abstract provided.

Europe, Human Rights Brief

Human Rights Brief

No abstract provided.