International Law Commons^™

Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock

University of Baltimore Journal of International Law

The countries of southeastern Asia and China are currently in a territorial dispute over the Spratly and Paracel island chains in the South China Sea. The South China Sea encompasses roughly 1.4 million square miles of the Pacific Ocean, spanning throughout most of southeastern Asia. A majority of the islands located within the sea are uninhabited and have never had an indigenous population, which makes it nearly impossible to track the lineage to determine sovereignty over the islands. Because there has never been an indigenous population on a majority of the islands, there are now competing claims for many of …

Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott

University of Baltimore Journal of International Law

One of President Barack Obama’s favorite solutions to reducing or halting armed conflict in the world centers around his often-stated desire to rid the world of nuclear weapons. While this simplistic formula for a more peaceful world has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power in a “Game of Thrones” will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to …

Economic Democracy, Made In Germany: The Mietshauser Syndikat Model As A Framework For Developing Democratic Enterprises, John C. Carroll

Syracuse Journal of International Law and Commerce

No abstract provided.

Shifting Paradigms: Promoting An American Adoption Campaign For Afghan Children, Kulsoom K. Ijaz

Syracuse Journal of International Law and Commerce

No abstract provided.

Promoting Compliance: An Assessment Of Asean Instruments Since The Asean Charter, Hao Duy Phan

Syracuse Journal of International Law and Commerce

No abstract provided.

"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal

Syracuse Journal of International Law and Commerce

No abstract provided.

Statelessness And Mass Expulsion In Sudan: A Reassessment Of The International Law, Mike Sanderson

Northwestern Journal of Human Rights

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao

Syracuse Journal of International Law and Commerce

It is a well-established doctrine in common law countries that law does not protect the reputation and privacy of the deceased. However, many countries, including Westem European democracies, protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide censorship of history with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal …

Efficient Breach In The Common European Sales Law, Wenqing Liao

Syracuse Journal of International Law and Commerce

No abstract provided.

Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle

Syracuse Journal of International Law and Commerce

No abstract provided.

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

The Emergence Of New Corporate Social Responsibility Regimes In China And India, Shruti Rana, Afra Afsharipour

Faculty Scholarship

In an era of financial crises, widening income disparities, and environmental and other calamities linked to corporations, calls for greater corporate social responsibility (“CSR”) are increasing rapidly around the world. Though CSR efforts have generally been viewed as voluntary actions undertaken by corporations, a new CSR model is emerging in China and India. In a marked departure from CSR as it is known in the United States and as it has been developing through global norms, China and India are moving towards mandatory, not voluntary, CSR regimes. They are doing so not only in a time of great global economic …

Stumbling Forward In Syria, George Bisharat

UC Law SF International Law Review

No abstract provided.

Three's (Not) A Crowd In International Tax Arbitration: International Tax Arbitration As A Development Of International Commercial Arbitration Rather Than A Map Fix, Sarah G. Nowland

UC Law SF International Law Review

One of the goals of bilateral tax conventions is mitigating instances of double taxation for each state's taxpayers. Tax conventions include a Mutual Agreement Procedure (MAP) to handle disputes brought by a taxpayer of one state claiming double taxation by his home country and the other state party to the convention. Once a claim is initiated, each state designates competent authorities to resolve the issue through MAP. MAP's three main weaknesses include the length of time it takes competent authorities to agree, the possibility that competent authorities will not reach an agreement, and that the taxpayer who brought the dispute …

Pride And Prejudiced: Russia’S Anti-Gay Propaganda Law Violates The European Convention On Human Rights, Stephan Polsdofer

American University International Law Review

No abstract provided.

Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank

Faculty Articles and Other Publications

Boyd’s new book, The Right to a Healthy Environment, attempts to prove that Canadians would benefit if they amended their constitution to recognize the right to a healthy environment. Throughout this work, he emphasizes the general benefits of recognizing environmental rights as human rights and the positive impact recognizing these rights in the Canadian constitution would have on the lives of Canadian citizens. He examines the gradual domestic emergence of environmental rights both in Canadian law and from a global perspective. By including both viewpoints, Boyd attempts to identify the complexities and intricate questions that arise regarding various environmental issues …

Syracuse Journal Of International Law And Commerce - Volume 42, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

The International Rule Of Law In A Human Rights Era

Global Business & Development Law Journal

No abstract provided.

Legitimacy And Independence Of International Tribunals: An Analysis Of The European Court Of Human Rights, Kanstantsin Dzehtsiarou, Donal K. Coffey

UC Law SF International Law Review

This paper explores the theoretical framework of judicial independence of international tribunals, with specific reference to the independence of the European Court of Human Rights. It then argues that independence is a key aspect of the legitimacy of an international tribunal and suggests that legal reforms designed to enhance the judicial independence of the European Court of Human Rights should focus on the two main structural parts of the Court, namely the judiciary and the Registry. This paper analyses a number of proposed reforms that can make the European Court of Human Rights more independent and credible. These insights are …

In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack

Barry Law Review

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

The Answer Is In The Evidence: Plain Packaging, Graphic Health Warnings, And The Family Smoking Prevention And Tobacco Control Act, Michelle M. Chester

Syracuse Journal of International Law and Commerce

No abstract provided.

The Right To Strike - Sustainable Constitutional Reform: Comparative Case Studies Of Workers' Strikes In The Kenyan Public Sector, Ann Munene

UC Law SF International Law Review

A few years after the fall of apartheid, South Africa adopted one of the most progressive constitutions in African history in 1997. This adoption affirmed the emerging trend of constitutional reform embraced by many African nations, since the 1960s when most gained their independence. Most constitutional reform in Africa, focused on increasing human rights protections for Citizens. One such right is the right to strike.

This note will examine the Kenyans' choice to include a "Right to Strike" provision in the newly adopted Constitution of 2010, in the face of a similar provision in the Labour Relations Act of 2007. …

Under Domestic And International Law, When Does Non-International Armed Conflict Begin, And When Does It End?, Katherine A. Mozynski

War Crimes Memoranda

No abstract provided.

Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad

Florida A & M University Law Review

The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Faculty Publications

A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring the …

The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop

LLM Theses

This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …

I Got 99 Problems And They’Re All Fatca, Nirav (Jonathan) Dhanawade

Northwestern Journal of International Law & Business

Offshore personal income tax evasion accounts for approximately $50 billion in annual lost revenue for the United States. These large sums of money are squirrelled away in tax havens—jurisdictions, such as Aruba, the Cayman Islands, and Dubai, whose laws allow some U.S. citizens to evade paying their U.S. income taxes. Before the Foreign Account Tax Compliance Act (FATCA) was enacted, U.S. citizens could avoid taxes on passive income by not reporting this income to the Internal Revenue Service (IRS). To detect tax evasion, the IRS pursued U.S. citizens with undeclared assets in foreign banks. But the IRS’s quest was largely …

International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller

Maryland Law Review

No abstract provided.