International Law Commons^™

The Procedural Aspect Of The Rule Of Law: India As A Case Study For Distinguishing Concept From Conception, Karina T. Hwang

CMC Senior Theses

In this thesis, the concept of the procedural aspect of the Rule of Law will be distinguished from what I argue are conceptions that are falsely promulgated as concept. The different aspects of the Rule of Law—form, substance, and procedure— are helpful in making the distinction between concept and conception. Examining procedure within the Rule of Law is particularly important, and I define a broader set of requirements of the concept of the procedural aspect of the Rule of Law. This concept is applied to understand the Indian conception of the Rule of Law, a particularly interesting case that brings …

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …

Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

Presentation at the Private Use in EU Copyright Law Seminar, Adam Mickiewicz University in Poznań, Poland.

At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French

Sociology and Anthropology Faculty Publications

The article under consideration in this symposium issue, “Foreign Attorneys in U.S. LL.M. Programs: Who’s In, Who’s Out, and Who They Are,” by Mindie Lazarus-Black and Julie Globokar, comes at a critical moment for law schools, especially those below the top tier. Many schools are reducing class size, offering unprecedented financial aid and scholarship packages, and entering a general retrenchment mode. This most recent crisis in law school applications and enrollment (applications are down at some schools by over 30 percent) has led to an increase in the popularity of Master of Laws (LL.M.) programs for foreign attorneys. The steep …

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli

Faculty Scholarship

Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution contracts, the resulting deal may favor the interests of the intermediary to the detriment of the author’s interests. Many national copyright laws have introduced a variety of corrective measures, from the very first copyright act, the 1710 British Statute of Anne, which instituted the author’s …

Using Force On Land To Suppress Piracy At Sea: The Legal Landscape Of A Largely Untapped Strategy, Steven R. Obert

National Security Law Program

On May 14, 2012, a combat helicopter operated by European Union Naval Forces (EUNAVFOR) struck a pirate base ashore in Somalia. The raid destroyed several fiberglass skiffs on the beach in Haradheere, a town on the coast of central Somalia. The attack represented a new tactic used in the protracted and evolving international effort to fight maritime piracy off the coast of Somalia. It was the first time that force ashore, first authorized by the United Nations Security Council in 2008, had been publicly acknowledged.

Though recently receding, piracy off the coast of Somalia has had a destabilizing effect on …

Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …

Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes

Richmond Journal of Law & Technology

A corrupt Australian Law Enforcement Agency (LEA) wishes to track the communications of a journalist who has published leaked whistleblowing documents from a confidential source, revealing the Australian LEA's complicity in illegal narcotics activity. The target journalist lives in New York and is a U.S. citizen. She opens her laptop, goes online and fires up Tor Browser. She is communicating with her whistleblowing source in Australia, who faces death if his identity is uncovered. Her communication and network traffic passes through Tor relays in Canada, Finland, and Malaysia before arriving at her source in Australia.

Dramatic Sideshows At The Hearing, George A. Bermann

Faculty Scholarship

International arbitration has plenty of dramatic moments, strewn across the arbitration life cycle. They can surface quite early, as in the context of petitions for interim relief, document production, challenges to the arbitrator or various dispositive motions. They are less likely to occur at the post-award stage (i.e. annulment or opposition to the recognition or enforcement of awards), due in part to the fact that that stage typically plays out in the sober atmosphere of a national court. But more often than not, the drama associated with international arbitration takes place in and around the arbitral hearing room.

In my …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Faculty Scholarship

On September 22, 2014, a U.S.-led coalition began airstrikes against the so-called Islamic State in Syria. At the same time, the United States started targeting the Khorasan group in Syria. These two operations raise (again) the question of when States may use defensive force against non-State actors in other States. The text of the United Nations Charter does not resolve the question. Article 2(4) prohibits States from using force “against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” Article 51 then recognizes “the inherent right to …

Perspectives On The Restatement (Fourth) Project, William S. Dodge, Sarah H. Cleveland, Paul B. Stephan, Harold Hongju Koh, John Bellinger, Campbell Alan Mclachlan

Faculty Scholarship

Good morning, everyone, and thank you all for coming. It is great to have this conversation, particularly with so many people who are already helpfully contributing to this project. As Bill said, I just wanted to say a little bit about the treaty prong of the project that was approved for consideration by the ALI a couple of years ago.

First of all, I should note we get a lot of questions about whether or not we are addressing executive agreements and congressional executive agreements, in addition to Article II treaties. And the current answer is that we are not. …

Conversation With H.E. Mr. Ahmet Üzümcü, Director-General Of The Organisation For The Prohibition Of Chemical Weapons – Introductory Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

The conversation was convened at 6:15 p.m., Thursday, April 9 with the opening remarks given by Lori Damrosch, President of the American Society of International Law. Dr. Abiodun Williams, President of The Hague Institute for Global Justice moderated the panel and introduced the speaker: AhmetU¨ zu¨mcu¨, Director-General of the Organisation for the Prohibition of Chemical Weapons.

The Hudson Medal Luncheon: "The Unity Of International Law" – Introductory Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

The luncheon meeting was convened at 1:00 p.m., Friday, April 10. The luncheon was convened with the opening remarks given by Lori Damrosch, President of the American Society of International Law. Michael Reisman of Yale Law School moderated the panel and introduced the honoree: Pierre-Marie Dupuy of the Graduate Institute of International and Development Studies, Geneva.

The Death Of Deference And The Domestication Of Treaty Law, Harlan G. Cohen

Scholarly Works

How much deference do courts give to Executive branch views on treaty interpretation? The Restatement (Third) of the Foreign Relations Law of the United States tells us that courts “will give great weight to an interpretation made by the executive branch,” and earlier empirical studies suggested that deference to Executive in such cases was robust. But is that still the case? The Supreme Court’s rejection of the Executive’s view in a series of high profile cases including Hamdan v. Rumsfeld, BG Group PLC v. Republic of Argentina, and Bond v. United States should raise some doubts. This short article investigates, …

Mapping The Interface Between Human Rights And Intellectual Property, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et Al. As Amici Curiae In Support Of Petitioners, Harold Hongju Koh, Thomas Buergenthal, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman, Sujit Choudhry

Faculty Scholarship

No abstract provided.

The Relevance Of Law To Sovereign Debt, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The literature on sovereign debt treats law as of marginal significance, largely because the doctrine of sovereign immunity leaves creditors few potent legal remedies against sovereign borrowers. Although sovereign debts can indeed by hard to enforce, the goal of this Essay is to demonstrate that law plays a central, and constantly evolving, role in structuring sovereign debt markets. To list just a few examples, legal rules and institutions (i) decide when a borrower is sovereign, (ii) define the consequences of sovereignty by drawing (or refusing to draw) artificial boundaries between the sovereign and other legal entities, (iii) play some role …

The International Copyright Problem And Durable Solutions, Susy Frankel

Vanderbilt Journal of Entertainment & Technology Law

The calls for copyright reform at both the national and international level are growing louder. Many authors, owners, distributors, users, and consumers are dissatisfied with the current regime, but solutions are not easy to find. Existing rules are inadequate to deal with copyright in the digital world and partial solutions are not likely to be durable. The problems of copyright are not confined to one jurisdiction. Just as the creation and dissemination of copyright works are global, copyright's legal problems are an international problem. Existing international rules alone cannot provide the solution to this policy debate, but they do have …

The Macroprudential Turn: From Institutional 'Safety And Soundness' To Systematic 'Financial Stability' In Financial Supervision, Robert C. Hockett

Cornell Law Faculty Publications

Since the global financial dramas of 2008-09, authorities on financial regulation have come increasingly to counsel the inclusion of macroprudential policy instruments in the standard ‘toolkit’ of finance-regulatory measures employed by financial supervisors. The hallmark of this perspective is its focus not simply on the safety and soundness of individual financial institutions, as is characteristic of the traditional ‘microprudential’ perspective, but also on certain structural features of financial systems that can imperil such systems as wholes. Systemic ‘financial stability’ thus comes to supplement, though not to supplant, institutional ‘safety and soundness’ as a regulatory desideratum.

The move from primarily micro- …

The Shadow Of Westphalia: Majoritarian Religions And Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

Throughout Europe, religious majoritarian cultures have been traditionally hostile to minority faiths. The European Court of Human Rights has been slow to apply Article 9, religious tolerance. Albeit, today it is generally accepted that no one religion is destined to become the common faith of Europe, it is still very difficult in European law and politics to say how much each of the 47 Member States of the states of the Council of Europe should be permitted to restrict religious liberty domestically to protect and nurture a majoritarian faith, especially a majoritarian Christian faith. Europe, in many ways, is still …

Le Début De La Désillusion Américaine Envers L’Europe Et Le Droit International, 1914-1946 [The Onset Of American Disillusionment With Europe And International Law: 1914-1946], Mark Weston Janis

Faculty Articles and Papers

Many date the disillusionment of the United States with the international law and organization project to sometime after World War II. Actually, widespread American disillusionment with international law and organization began in 1914 with the outbreak of World War I. Many Americans became convinced that European civilization had failed to emerge from the excesses of state sovereignty and militarism. This essay illustrates the onset of American disillusionment with Europe and with international law and organization between 1914 and 1946.

Of Trucks, Trains, & Ships: Relative Liability In Multimodal Shipping, Amir H. Khoury

Richmond Journal of Global Law & Business

No abstract provided.

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.

Practical Implications From An Expansive Interpretation Of Umbrella Clauses In International Investment Law, Katherine Jonckheere

South Carolina Journal of International Law and Business

The right way to interpret so-called 'umbrella clauses' has been debated for over a decade. Interpreted restrictively, these clauses merely reinforce the substantive commitments and protections listed in the remainder of the investment treaties in which they are found. An expansive interpretation on the other hand gives these clauses the effect of elevating purely contractual obligations undertaken by the state vis-à-vis specific investors to full-blown treaty obligations under international law, subject to the investment treaty's dispute settlement provisions. Although an expansive reading seems to have gained considerable ground amongst investment arbitration tribunals over the years, this article will show that …

Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw

South Carolina Journal of International Law and Business

The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …

Why Un Inspections? Corruption, Accountability, And The Rule Of Law, Stuart S. Yeh

South Carolina Journal of International Law and Business

No abstract provided.

Smedley V. Smedley, 772 F.3d 184 (4th Cir. 2014). The Effect Of International Comity On The Hague Convention, Mary R. Pritchard

South Carolina Journal of International Law and Business

No abstract provided.

China After The Reform Era, Carl F. Minzner

Faculty Scholarship

China’s reform era is ending. Core factors that characterized it – political stability, ideological openness, and rapid economic growth – are unraveling. In part, this is the result of Beijing’s steadfast refusal to contemplate fundamental political reform. Since the early 1990s, this has fueled the rise of entrenched interests within the Communist Party itself. It has also contributed to the systematic underdevelopment of institutions of governance among state and society at large. Now, to address looming problems confronting the nation, Chinese leaders are progressively cannibalizing institutional norms and practices that have formed the bedrock of the regime's stability in the …

Are We Serious About Performers' Rights?, Mary Lafrance

Scholarly Works

Do performers have rights in the expressive works they help to create? Historically, the rights of performers have received far less attention that the rights of traditional authors. The law has been reluctant to recognize performers as authors and, to the extent that performers’ rights are recognized, they are secondary to, and more limited than, the rights of traditional authors. Recent developments, however, have brought performers’ intellectual property rights to the forefront. For a number of reasons, performers in the United States have increasingly begun to assert authorship rights in the works they help to create. In addition, recent international …