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Articles 11731 - 11760 of 32577

Full-Text Articles in International Law

Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush Jan 2014

Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush

University of Baltimore Journal of International Law

This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.

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University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter Jan 2014

University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

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Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah Jan 2014

Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah

Indiana Journal of Global Legal Studies

What does the killing and burial of bin Laden tell us about the sites, sources, and nature of law's authority in a post-'9/11' world?1 If law is constituted by "acts of language [that] are actions in the world,'2 then the law embodied by these events is discernible through an analysis of Obama's announcement on the killing of bin Laden. Obama's announcement avoids the term 'law' yet makes present the relationship between 'law,' justice,' legitimacy, and violence. Through critical theory on language, translation, and political myth, this paper explores the translations at work in constructing law's authority for a post-9/11 world. …

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Table Of Contents Jan 2014

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.

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The Dynamic Of The Institutionalization Of The Oecd Anti-Bribery Collaboration, Lianlian Liu Jan 2014

The Dynamic Of The Institutionalization Of The Oecd Anti-Bribery Collaboration, Lianlian Liu

South Carolina Journal of International Law and Business

Grasping the dynamic of the institutionalization process of the anti-bribery collaboration from the FCPA to the OECD Anti-Bribery Convention is critical for the next step of analyzing the actual performance of these laws. Previous works, grounded in realist ideology, often reduce the dynamic process to a question of states' free will and rational responses to expected payoffs in relative
legislative strategies. This realist approach offers only speculative and inaccurate explanations that cannot sustain an understanding of the operation of the anti-bribery collaboration at successive stages.Instead, this study employs a historical approach, stressing how decision makers were constrained by existing and …

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Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom Jan 2014

Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom

American University International Law Review

No abstract provided.

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The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers Jan 2014

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.

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Children And Marine Piracy, Shelly L. Whitman Jan 2014

Children And Marine Piracy, Shelly L. Whitman

Case Western Reserve Journal of International Law

No abstract provided.

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New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson Jan 2014

New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson

Case Western Reserve Journal of International Law

No abstract provided.

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Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock Jan 2014

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 …

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Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman Jan 2014

Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman

Case Western Reserve Journal of International Law

No abstract provided.

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Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf Jan 2014

Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

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Foreign Assistance At Home: Increasing Usaid Accountability Through Victim Participation Rights In The Foreign Assistance Act, Shefali Saxena Jan 2014

Foreign Assistance At Home: Increasing Usaid Accountability Through Victim Participation Rights In The Foreign Assistance Act, Shefali Saxena

Case Western Reserve Journal of International Law

No abstract provided.

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The Turn To Corporate Criminal Liability For International Crimes: Transcending The Alien Tort Statute, James G. Stewart Jan 2014

The Turn To Corporate Criminal Liability For International Crimes: Transcending The Alien Tort Statute, James G. Stewart

All Faculty Publications

In November 2013, Swiss authorities announced a criminal investigation into one of the world’s largest gold refineries on the basis that the company committed a war crime. The Swiss investigation comes a matter of months after the US Supreme Court decided in Kiobel v. Royal Dutch Petroleum Co. that allegations like these could not give rise to civil liability under the aegis of the Alien Tort Statute (“ATS”). Intriguingly, however, the Swiss case is founded on a much earlier American precedent. In 1909, the U.S. Supreme Court approved the novel practice of prosecuting companies. Unlike the Court’s position in Kiobel …

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V.15-2, 2014 Masthead Jan 2014

V.15-2, 2014 Masthead

San Diego International Law Journal

No abstract provided.

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A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement, Roslyn Fuller Jan 2014

A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement, Roslyn Fuller

San Diego International Law Journal

[T]his article examines the impact that external whistleblowing can have on a state’s compliance with international law. Part III looks at some of the complications that disclosing international law violations raises for the broader legal system, in particular, the expertise that a whistleblower of this type should be expected to have in the area of international law, and judicial reactions to defences related to the exposure of international law violations. Part IV identifies some trends based on this analysis and what they might mean for external whistleblowing on international law violations in the future.

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‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat Jan 2014

‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat

San Diego International Law Journal

This paper is structured as follows: Part II traces the development of international instruments on the definition of terrorism, terrorist activities and “incitement to terrorism.” Part III first explores the normative framework of exclusion under the 1951 Convention and how the RSD procedure has undergone a notional shift, with exclusion considerations becoming more central. The section will then look at the provisions of Article 1F of the 1951 Convention, which contain the exclusion clauses and also discuss incorporation of terrorism exception to the asylum law framework in the United States. Part IV concludes with the proposition that the dangers of …

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Samsāra To Nirvāna: What Would It Mean To Actually Free Tibet?, Leah Marie Shellberg Jan 2014

Samsāra To Nirvāna: What Would It Mean To Actually Free Tibet?, Leah Marie Shellberg

San Diego International Law Journal

For Mahayana Buddhists, samsara literally means “wandering-on,” but in theory, it refers to the cyclical nature of birth and re-birth characterized by suffering that a Buddhist must break out of in order to achieve nirvana, a state free of suffering. Since the occupation and incorporation of Tibet into the People’s Republic of China (“China”) in the late 1940s and early 1950s, the Tibetan people have experienced a far more intense form of metaphorical samsara at the hands of the Chinese administration. The term “genocide,” coined by Raphael Lemkin in the wake of the Holocaust, combines the ancient Greek word “genos” …

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Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt Jan 2014

Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt

San Diego International Law Journal

In a 2005 press release by the International Criminal Tribunal for the Former Yugoslavia (“ICTY”), Chief Prosecutor Carla Del Ponte stated “[t]he debate on war crimes in the former Yugoslavia is not subsiding. It is present in the daily life and media, and always politicised . . . I am much more concerned about the victims of war crimes and their families, and I appeal to you to make the victim aspect of any legal process a priority.” Despite this stated dedication to war crimes victims and their families, the ICTY’s Trial Chamber (“Chamber”) recently acquitted two state security officials …

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Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk Jan 2014

Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk

San Diego International Law Journal

[T]his Article addresses the current legal framework of humanitarian intervention. Section III examines previous attempts at international military cooperation by the United Nations, NATO, EU, and bilateral arrangements, Section IV considers the scope and implementation of the Treaty between France and the UK. Finally, Section V analyzes the interplay of international law and the bilateral military treaty in recent international humanitarian interventions.

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Admissible Or Inadmissible: The Role Of Formally Codified Rules Of Evidence As A Safeguard In Mexico’S Developing Adversarial System, Connie Dang Jan 2014

Admissible Or Inadmissible: The Role Of Formally Codified Rules Of Evidence As A Safeguard In Mexico’S Developing Adversarial System, Connie Dang

San Diego International Law Journal

[T]his Comment begins with a brief history of Mexico’s political framework, including an introduction to its civil law tradition, the positivist values present in its legal framework, and the previous criminal procedure reforms that took place before the current 2008 constitutional reforms. It is important to understand the challenges that the previous—and unsuccessful—constitutional reforms faced in order to appreciate the drastic scope of the current changes to Mexican criminal procedure. Part II will address the role of the United States in its relationship with Mexico relationship during the implementation of the 2008 constitutional reforms. As Mexico’s direct neighbor, the United …

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V. 16-1, 2014 Masthead Jan 2014

V. 16-1, 2014 Masthead

San Diego International Law Journal

No abstract provided.

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Partners Or Rivals In Reconciliation? The Ictr And Rwanda’S Gacaca Courts, Leo C. Nwoye Jan 2014

Partners Or Rivals In Reconciliation? The Ictr And Rwanda’S Gacaca Courts, Leo C. Nwoye

San Diego International Law Journal

A major question for post-conflict governments to consider is how best to shape reconciliation efforts. This Article examines two transitional justice mechanisms that were utilized in Rwanda’s post genocide era and assesses their contributions to reconciliation. The two principal approaches which emerged in the Rwandan context were the establishment of International Criminal Tribunal for Rwanda (ICTR), via the international political community whilst grassroots efforts within Rwanda were channeled through the gacaca court system. While each of these systems, though unintended and incoherent hybrid justice strategies, possessed strengths and weaknesses, this legal pluralist structure nevertheless yielded positive reconciliation results.

The Article …

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The United States Versus Japan As A Lesson Commending International Mediation To Secure Hague Abduction Convention Compliance, Chandra Zdenek Jan 2014

The United States Versus Japan As A Lesson Commending International Mediation To Secure Hague Abduction Convention Compliance, Chandra Zdenek

San Diego International Law Journal

Under the current domestic resolution of Convention disputes, courts must choose winners and losers. With the option of international mediation, courts would be more inclined to return children to their States of habitual residence promptly because those courts would be assured of their citizens’ safety abroad. Such safety could be satisfied through a wide range of mediated agreements. Successful implementation of international mediation in Hague Abduction Convention proceedings would thus significantly improve compliance, replacing the current “black or white” judicial approach with a more flexible, opportunistic system in which any combination of colors is possible.

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Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky Jan 2014

Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky

San Diego International Law Journal

Today, criminals can transfer enormous sums from a bank in nation A to an account in nation B with a mouse click. Allowing rogue banking to constitute an international law violation will enable direct actions against financial institutions for international law violations and raise the profile of those institutions that engage in the practice.

This Article does not propose that isolated incidents of providing financial services should be considered a violation of international law, but rather that rogue banking should be defined in the context of serial partnering with international law violators. Part II outlines the pervasive role global financial …

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Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin Jan 2014

Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin

San Diego International Law Journal

These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.

The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …

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How International Institutions Evolve, Anu Bradford Jan 2014

How International Institutions Evolve, Anu Bradford

Faculty Scholarship

Economic theory suggests that international institutions cannot simultaneously widen and deepen. There is an inevitable trade-off between the benefits of site and the costs of heterogeneity. Consequently, institutions ought to be either small and deep or, alternatively, large and shallow. Yet in reality, we observe that international institutions embrace new members while concurrently pursuing deeper cooperation. This Article seeks to explain how institutions evolve over time in light of this size/heterogeneity trade-off It examines the strategic responses of members of institutions to heterogeneity costs and identifies two distinct yet related strategies that allow states to pursue gains from cooperation while …

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An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty Jan 2014

An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty

Faculty Scholarship

The authors first met in 2000, and have collaborated in conferences, workshops, and other projects since then. We also represent two sides of an international exchange that has frequently occurred in the past 15 years: a European law teacher who attends training sessions, networks with colleagues from other European universities, learns about American models of clinical education, and possibly receives some outside funding; and an American law teacher who is graciously hosted by Europeans, promotes American models of clinical education, and, one hopes, observes, listens and learns about the European system. We are also experienced teachers within our own universities …

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Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi Jan 2014

Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi

Faculty Scholarship

The idea of the "responsibility to protect" has received enormous attention in recent years-so much attention that it now goes simply by R2P. R2P posits that, when a state fails to protect its population from mass atrocities, the broader international community should step in to help. The vision here is of outside states banding together and doing everything possible to protect the at-risk population. But for all the attention this vision receives, its effect on international law or on the ultimate goal of protecting people from atrocities is unclear. This Article critiques that vision and offers an alternative. The Article …

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Letter From The U.S.: Exclusive Rights, Exceptions, And Uncertain Compliance With International Norms – Part Ii (Fair Use), Jane C. Ginsburg Jan 2014

Letter From The U.S.: Exclusive Rights, Exceptions, And Uncertain Compliance With International Norms – Part Ii (Fair Use), Jane C. Ginsburg

Faculty Scholarship

This survey of recent U.S. fair use decisions examines the domestic evolution of the doctrine, particularly in light of the significant expansion of noninfringing “transformative” uses. The article also considers the U.S.’ compliance with its international obligations under the Berne Convention and the TRIPs Accord, and inquires whether the substantial enlargement of the application of the U.S. fair use exception exceeds the leeway that the Berne Convention, art. 9(2), WCT art. 10, and TRIPs art. 13 grant to member states to provide for exceptions and limitations to copyright.

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