International Law Commons^™

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble

Scholarly Works

The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …

Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity

Faculty Scholarship

The Author critiques the Supreme Court’s analysis in its Shelby County v. Holder decision, which found the preclearance requirement of the Voting Rights Act unconstitutional by applying a disparate treatment analysis to how States were treated under the Act. Such a reading of the Act makes a number of tacit and explicit assumptions with regard to the choice by the Federal Government and by the States of whose rights governmental actors must protect. The Court reached its conclusion by decontextualizing the Civil Rights movement and the Voting Rights Act from decolonization and post-World War II expressions of human rights, a …

Introduction, Maxwell J. Mehlman, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

U.S. Military Use Of Non-Lethal Weapons: Reality Vs Perceptions, Susan D. Levine, Joseph A. Rutigliano Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Electric Currents: Programming Legal Status Into Autonomous Unmanned Maritime Vehicles, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

Nonlethal Weapons, Noncombatant Immunity, And The Principle Of Participatory Liability, Michael L. Gross

Case Western Reserve Journal of International Law

No abstract provided.

Lethal Autonomous Weapons And Jus Ad Bellum Proportionality, Heather M. Roff

Case Western Reserve Journal of International Law

No abstract provided.

Challenges For Implementing A Ptsd Preventive Genomic Sequencing Program In The U.S. Military, Gabriel Lázaro-Muñoz, Eric T. Juengst

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 47 Issue 1 (2015)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 47 Issue 1 (2015), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Freezing Out Noncompliant Ships: Why The Arctic Council Must Enforce The Polar Code, Richard Wanerman

Case Western Reserve Journal of International Law

No abstract provided.

Proceedings Of The Ninth International Humanitarian Law Dialogs, International Criminal Law: Year In Review 2014–2015, Mark A. Drumbl

Scholarly Articles

This publication is based on Professor Drumbl's remarks on September 1, 2015, at the Ninth International Humanitarian Law Dialogs held in Chautauqua, New York.

What I do not want to do is review and repeat what has already been said about the international arena. I thought what I would do is boil it down to a couple observations that I have about the activities at the international institutions over the past year, and discuss four elements that have emerged.

One is transition. What I mean by this is that the work of a number of the international institutions is winding …

2014 State Legislative Review, Aaron C. Johnson

Animal Law Review

Several state legislatures addressed animal welfare issues in 2014. A young fifth-grader, motivated by a documentary, inspired her community and state legislature to attempt to pass legislation protect­ing orcas. Two states decided to blaze a new trail when they deter­mined that the federal government was not going far enough to stop the ivory and rhino horn trade. The battle between freedom of speech and property rights reared its ugly head as several states took on the polemical issue of 'ag-gag.' Lastly, we witnessed breed-specific legisla­tion become illegal in three more states, with science trumping the availability heuristic.

Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

Robert Kolb's The International Court of Justice is a monumental tribute to the enormous historical and legal contributions of the International Court of Justice (ICJ) and its predecessor. the Permanent Court of International Justice (PCIJ), as well as an excellent resource about the complex procedural provisions of both institutions. Kolb, a professor of public international law at the University of Geneva, wrote the original version in French (La Cour internntionale de justice (published by Pedone in 2013)), and he slightly updated it for the English version reviewed here. Alan Perry, solicitor of The Senior Courts of England and Wales, translated …

The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

The rules and mechanisms to challenge and recuse a judge of the International Court of Justice ("ICJ") are unique and pertain to the control mechanisms proper to permanent international dispute resolution bodies, characterized by a plurality of representative, elected judges. Indeed, the Statute of the ICJ ("Statute") provides a series of control mechanisms aimed at ensuring the independence and impartiality of its judges. The drafters of the Statute adopted a multi-tiered approach, relying first on self-control of each judge, and then envisaging a subsidiary control role for the President and the Court as a whole. Third-party requests for recusals are …

Nuclear Arms Control By A Pen And A Phone: Effectuating The Comprehensive Test Ban Treaty Without Ratification, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This Article examines three crucial national security problems concerning the testing and proliferation of nuclear weapons, and offers three novel solutions. The three urgent problems are: (1) the fact that the Comprehensive Nuclear Test Ban Treaty (CTBT), the most important multilateral nuclear arms control agreement of the past forty years, may never enter into force; (2) the fact that without CTBT, the global non-Proliferation regime is in trouble, too, as the fragile consensus underpinning the world's efforts to restrict the spread of nuclear weapons threatens to unravel; and (3) the fact that the United States is peculiarly disabled, due to …

The New Refugees And The Old Treaty: Persecutors And Persecuted In The Twenty-First Century, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

When the fledgling U.N. negotiated a treat to protect refugees after the Second World War, member states focused on Europe as well as on events causing forced migration that occurred prior to 1951. No one imagined that cross-border escape from persecution would become a global phenomenon and remain one more than sixty years later, or that this human rights treaty would be needed in the twenty-first century. In fact, as increased numbers of asylum seekers from developing countries reached the most developed regions of the world during the last thirty years, critics have questioned the merits of this treaty and …

Human Rights Thinking And The Laws Of War, David Luban

Georgetown Law Faculty Publications and Other Works

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.”

Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is …

The Role Of Naval Power In The Development Of Customary International Law, John J. Chung

Law Faculty Scholarship

No abstract provided.

The Dangers Of Children's Rights' Discourse In The Political Arena: The Issue Of Religious Male Circumcision As A Test Case, Rhona Schuz

Cardozo Journal of Equal Rights & Social Justice

The ever increasing use of children's rights discourse in national, regional and international political institutions can perhaps be seen as a sign of the success of the United Nations Convention on the Rights of the Child ("CRC'), and of the internalization of the concept that children are independent rights holders, the ideological basis of the doctrine of children's rights. Nevertheless, there is evidence that some advocates of children's rights in the political arena are taking an over-simplistic, uni-dimensional approach to children's rights which results in misrepresentation of the true interests of children. This risk is well illustrated by the recent …

Reproductive Justice, Public Policy, And Abortion On The Basis Of Fetal Impairment: Lessons From International Human Rights Law And The Potential Impact Of The Convention On The Rights Of Persons With Disabilities, Carole J. Petersen

Journal of Law and Health

This article argues that we should consider not only American constitutional law but also comparative law and emerging international human rights norms, in order to navigate the difficult issue of abortion on the basis of fetal impairment. The United States is a State Party to the International Covenant on Civil and Political Rights (ICCPR)13 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It is also a signatory (but not a full State Party) to several other relevant treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the …

Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo

Florida A & M University Law Review

The U.S. is the world’s largest importer of seafood, importing virtually every fish sold in the U.S. market. Trade statistics do not break down the percentage of imported wild harvested fish, but a recent study estimated that twenty to thirty-two percent are caught illegally. Trade in illegal, unreported, and unregulated (IUU) fisheries undermines efforts to conserve fish stocks, generates global annual losses of up to twenty-three billion dollars, and weakens economic opportunity for U.S. fishermen. Part I of this paper explains the role of different actors in the trade of duty-free IUU fish and how IUU catches may enter the …

Explaining Inhumanity: The Use Of Crime-Definition Experts At International Criminal Courts, Caroline Davidson

Vanderbilt Journal of Transnational Law

International criminal courts must not only decide the guilt or innocence of defendants in immensely serious cases, but also make good law in the process. To help them do so, these courts have turned to experts. This Article identifies a type of expert witness that, thus far, has escaped scholarly attention: the crime-definition expert. Crime-definition experts have provided expert reports and testimony to international criminal courts on the meaning of the very crimes with which defendants are charged, including genocide, forced marriage, and recruitment and use of child soldiers. This Article critically evaluates the risks associated with using crime-definition experts …

Attribution Of Conduct And Liability Issues Arising From International Disaster Relief Missions: Theoretical And Pragmatic Approaches To Guaranteeing Accountability, Giulio Bartolini

Vanderbilt Journal of Transnational Law

This Article analyzes legal issues related to harmful activities of international disaster relief personnel, focusing on two distinct issues. On the one hand, the analysis centers on internationally wrongful acts carried out by relief personnel and uncertainties related to the attribution of conduct, due to the array of actors involved in such missions. Such an examination will be carried out through the lens of draft articles adopted by the International Law Commission on the responsibility of states and international organizations where some non-exhaustive references are made to such scenarios. On the other hand, the Article focuses on liability issues that …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Publications

No abstract provided.

Cross-Boarder Teaching And Collaboration, Kimberly D. Ambrose, William H.D. Fernholz, Catherine F. Klein, Dana Raigrodski, Stephen A. Rosenbaum, Leah Wortham

Chapters in Books

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of …

Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate

Journal Publications

No abstract provided.

African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt

Journal Publications

This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA 'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international …