International Law Commons^™

Overview Of Panel: Judges, Diplomats, And Peacebuilders: Evaluating International Dispute Resolution As A System, Anna Spain

Publications

No abstract provided.

Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley

Publications

As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences indigenous groups' internal processes of decolonization and revitalization. Empowered by a growing body of human rights instruments, some as embryonic as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous peoples are embracing a global "human rights culture" to articulate rights ranging from …

Copyright Crime And Punishment: The First Amendment's Proportionality Puzzle, Margot Kaminski

Publications

The United States is often considered to be the most speech-protective country in the world. Paradoxically, the features that have led to this reputation have created areas in which the United States is in fact less speech protective than other countries. The Supreme Court's increasing use of a categorical approach to the First Amendment has created a growing divide between the US. approach to reconciling copyright and free expression and the proportionality analysis adopted by most of the rest of the world.

In practice, the U.S. categorical approach to the First Amendment minimizes opportunities for judicial oversight of copyright. Consequently, …

Revisiting The Tax Treatment Of Citizens Abroad: Reconciling Principle And Practice, Michael S. Kirsch

Journal Articles

In an increasingly mobile world, the taxation of citizens living abroad has taken on increased importance. Recent international administrative developments — most notably, the weakening of foreign bank secrecy and expansion of global information sharing norms — have further raised the profile of this issue. While U.S. law traditionally has taxed U.S. citizens living abroad in the same general manner as citizens living in the United States, a number of scholars have proposed abandoning the use of citizenship as a jurisdictional basis to tax. In its place, they would apply residence-based principles — i.e., exercising full taxing rights over U.S. …

China-African Investment Treaties: Old Rules, New Challenges, Won Kidane

Faculty Articles

This paper analyzes the existing China-African BITs and puts forward some suggestions for its improvement. The extraordinary rise in the last decade of Chinese investment in Africa continues to be a subject of profound curiosity. That is largely because it defies the centuries-old norm on who invests where. Traditionally, the bulk of foreign investment had flowed North-South but rarely South-South. Whenever and wherever it occurred, the means of its protection ranged from direct military intervention to a bona fide and equitable legal framework. China had experienced the full range of treatments in its long history of dealings with the West, …

The China-Africa Factor In The Contemporary Icsid Legitimacy Debate, Won Kidane

Faculty Articles

The International Centre for the Settlement of Investment Disputes (ICSID), affiliated with the World Bank, was created at a time when most African countries had just gained independence and foreign investment required a more legitimate protection in the former colonies. The ICSID Convention, which set up the Centre, came into force on October 14, 1966. The majority of the ICSID cases involved Africa, Western Europe, and North America. Today, Africa's largest infrastructure financier is no longer the World Bank—it is China. China does not have as much experience with ICSID as Africa, although it has shown interest in pursuing investment …

Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

No abstract provided.

The Israeli Anti-Boycott Law: Should Artists Be Worried?, Arie Peled

Cardozo Arts & Entertainment Law Journal

Though much has been written about the economic dimension of Arab boycotts against Israel, much less attention has been paid to the implications of wider calls for a cultural boycott against Israel. Part I of this note will outline the scope of Israel's boycott problem by looking to the history of the Palestinian Boycott, Divestment, and Sanctions ("BDS") movement, while focusing in particular on the cultural aspects of this boycott. It will then discuss the current dimensions of the domestic and international cultural boycott campaigns Israel faces. Part II will analyze the Israeli legislative response to the BDS movement through …

International Law And The Future Of Peace, Diane Marie Amann

Scholarly Works

These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.

Introduction To Intervention Under International Law, Mortimer N.S. Sellers

All Faculty Scholarship

The lawfulness or legitimacy of "external" intervention in the "internal" affairs of sovereign states is one of the most basic controversies in modern international law. The question arises in three separate but related forms: When is intervention lawful? When is intervention legitimate? And when should intervention occur? Discussion here will focus on the legal question, but legitimacy, morality, and brutal reality all form and sometimes trump the law. They dictate the parameters within which all legal determinations take place, including the legality of cross-border interventions. By "intervention" I mean any activity by one state or its agents that influences the …

The Arbitral Tribunal: Selection And Replacement Of Arbitrators, Chiara Giorgetti

Law Faculty Publications

The great majority of international investment arbitrations are decided by a three-member arbitral panel, where each party selects one arbitrator, and the presiding arbitrator is selected either by agreement of the parties, the party-appointed arbitrators, or, more often, by a neutral appointing authority. Their selection is not only a characteristic feature of international investment arbitration, but also one of the most important and delicate acts taken by the parties during the proceedings. Indeed, as frequent arbitrator Professor William W. Park noted, while “in real estate the three key elements are ‘location, location, location,’ . . . in arbitration the applicable …

New Trends In Latin American Constitutionalism: An Overview, Santiago Legarre

Notre Dame Journal of International & Comparative Law

In this introduction to the issue on New Trends in Latin American Constitutionalism, Santiago Legarre offers his remarks at the opening of the conference on New Trends in Latin American Constitutionalism held at Notre Dame Law School in 2013. After briefly recounting the origins of the conference, Legarre summarizes some of the key modern challenges in Latin America and the role of constitutionalism in addressing these challenges. Legarre pays particular attention to the rapid growth of income inequality in the region. He ultimately concludes that some of the major challenges to the region are rooted in a lack of consensus …

Nigeria And Mali: The Case For Repatriation And Protection Of Cultural Heritage In Post-Colonial Africa, Elizabeth A. Klesmith

Notre Dame Journal of International & Comparative Law

Writing in early 2013, Elizabeth A. Klesmith explores the challenges of African nations in protecting their cultural heritage in the post-colonization era. She identifies two major challenges to the preservation of African cultural heritage: the multi-billion dollar global trade in illicit heritage and, in certain parts of Africa, the threat of destruction of cultural treasures during bouts of sectarian violence. Klesmith discusses these challenges utilizing case studies concerning the cultural treasures of Nigeria and Mali. In the case of Nigeria, the country is striving to reacquire artifacts looted from the Benin Kingdom in the late nineteenth century and recently purchased …

Volume 46, Issues 1&2, 2013, Masthead

Case Western Reserve Journal of International Law

No abstract provided.

Current Trends In Global Piracy: Can Somalia's Successes Help Combat Piracy In The Gulf Of Guinea And Elsewhere?, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.

Global Conventions On Maritime Crimes Involving Piratical Acts, J. Ashley Roach Capt.

Case Western Reserve Journal of International Law

No abstract provided.

Perspectives On The Growing Trend Of Child Piracy, Romeo Dallaire Lt. Gen.

Case Western Reserve Journal of International Law

No abstract provided.

Moving From Crisis Management To A Sustainable Solution For Somali Piracy: Selected Initiatives And The Role Of International Law, Ved P. Nanda, Jonathan Bellish

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: End Game! An International Conference On Combating Maritime Piracy, Michael P. Scharf, Matthew E. Carlton

Case Western Reserve Journal of International Law

No abstract provided.

Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Child Pirates: Rehabilitation, Reintegration, And Accountability, Mark A. Drumbl

Case Western Reserve Journal of International Law

No abstract provided.

Rules Of Engagement And Legal Frameworks For Multinational Counter-Piracy Operations, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

Volume 46 Issue 3, Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Juvenile Pirates: "Lost Boys" Or Violent Criminals?, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

A Reflection On Innovations In The Security Council: The International Tribunals, Counterterrorism, And The Office Of The Ombudsperson, Hon. Kimberly Prost

Case Western Reserve Journal of International Law

No abstract provided.

A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General

Case Western Reserve Journal of International Law

No abstract provided.

Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett

Case Western Reserve Journal of International Law

No abstract provided.

Unconventional Responses To Unique Catastrophes: Tailoring The Law To Meet The Challenges, Kenneth R. Feinberg

Case Western Reserve Journal of International Law

No abstract provided.

A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett

Case Western Reserve Journal of International Law

No abstract provided.

Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis

Case Western Reserve Journal of International Law

No abstract provided.