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Articles 11791 - 11820 of 32636

Full-Text Articles in International Law

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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Beyond One Voice, David H. Moore Jan 2014

Beyond One Voice, David H. Moore

Faculty Scholarship

The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice doctrine has received relatively little sustained attention. This Article offers the first comprehensive assessment of the doctrine. The assessment proves fatal.

Despite broad use and value in certain contexts, the one-voice doctrine is fundamentally flawed. The doctrine not only is used to address divergent questions …

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Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis Jan 2014

Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis

Vanderbilt Journal of Transnational Law

The field of post-conflict justice includes many well-known international criminal law and rule of law initiatives, from the International Criminal Court to legal reform programs in Afghanistan and Iraq. Less visible, but nonetheless vital to the field, are the international staff (known as internationals) who carry out these transitional justice enterprises, and the networks and communities of practice that connect them to each other. By sharing information, collaborating on joint action, and debating proposed legal rules within their networks and communities, internationals help to develop and implement the core norms and practices of post-conflict justice. These modes of collaboration are …

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The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton Jan 2014

The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton

Sociology & Criminal Justice Theses & Dissertations

Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …

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Manifest Illegality And The Icc Superior Orders Defense: "Schuldtheorie" Mistake Of Law Doctrine As An Article 33(1)(C)Panacea, Lydia Ansermet Jan 2014

Manifest Illegality And The Icc Superior Orders Defense: "Schuldtheorie" Mistake Of Law Doctrine As An Article 33(1)(C)Panacea, Lydia Ansermet

Vanderbilt Journal of Transnational Law

While the Anglo-American and international legal systems adhere to the rule that "a mistake of the law excuses no one," German Schuldtheorie mistake of law doctrine provides for a mistake of law excuse if a defendant's mistaken belief in the lawfulness of his conduct was unavoidable. In a distinct but increasingly overlapping area of law, domestic and international legal systems provide defenses for subordinates acting in obedience to superior orders. At the international level, the Rome Statute of the International Criminal Court allows defendants charged with war crimes to invoke the defense of superior orders if the command obeyed was …

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Will The New Icao-Beijing Instruments Build A Chinese Wall For International Aviation Security?, Alejandro Piera, Michael Gill Jan 2014

Will The New Icao-Beijing Instruments Build A Chinese Wall For International Aviation Security?, Alejandro Piera, Michael Gill

Vanderbilt Journal of Transnational Law

The last 6 years have seen an unprecedented level of activity in the field of international aviation law, with the adoption of three new conventions and one new protocol. This is a testament to ICAO's leadership role and its ongoing relevance, particularly in the field of aviation security. The tragic events of 9/11 highlighted some weaknesses in the international law regime and were the impetus behind the nine-year process that led to the adoption of the 2010 Beijing Convention and Protocol. This Article reviews the historical background to the new treaties, including the journey taken through the ICAO process. It …

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Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema Jan 2014

Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema

Vanderbilt Journal of Transnational Law

Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD--Reducing Emissions from Deforestation and Degradation--to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When REDD was first proposed, many commentators argued this mechanism would not only mitigate climate change but also provide biodiversity and forests with the hard international law regime that had so far been missing. These commentators appeared to hope REDD would develop into this kind of …

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Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard Jan 2014

Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard

Vanderbilt Journal of Transnational Law

Piracy has reemerged with a vengeance in the twenty-first century. Although it is confined primarily to the horn of Africa, piracy poses a significant problem to commercial shipping companies that need to traverse the Gulf of Aden for business. In response to modern-day piracy, shipowners have begun to employ privately armed contractors for protection. Countries and international organizations have recently developed regulations to address this growth in private maritime security. This Note analyzes both international and domestic regulatory regimes for privately armed contractors with a specific focus on the United States and Norway. This Note concludes that current U.S. regulations …

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Amnesty Or Accountability: The Fate Of High-Ranking Child Soldiers In Uganda's Lord's Resistance Army, Stella Yarbrough Jan 2014

Amnesty Or Accountability: The Fate Of High-Ranking Child Soldiers In Uganda's Lord's Resistance Army, Stella Yarbrough

Vanderbilt Journal of Transnational Law

In May 2013, Uganda surprisingly resurrected its amnesty provision for two more years after having let it lapse only a year earlier. Uganda's vacillation likely represents its competing desires to grant amnesty to low-level actors in the Lord's Resistance Army (LRA) and to end impunity for decades of gross human rights violations in accordance with international criminal law. However, instead of crafting an amnesty provision that would satisfy both of these needs, Uganda reinstated the same "blanket" amnesty, or all-inclusive pardon, found in the Amnesty Act of Uganda (2000) (Act). As a result, high-level LRA actors like Thomas Kwoyelo and …

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The Special Tribunal For Lebanon: A Defense Perspective, Charles C. Jalloh Jan 2014

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

Vanderbilt Journal of Transnational Law

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

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In Memoriam: Professor Harold G. Maier, Journal Editor Jan 2014

In Memoriam: Professor Harold G. Maier, Journal Editor

Vanderbilt Journal of Transnational Law

Professor Harold Maier founded the student-edited Vanderbilt Journal of Transnational Law in 1967 and served as its faculty adviser until his retirement in 2005. He was appointed the David Daniels Allen Distinguished Professor of Law in 1988. He was a co-author of Public International Law in a Nutshell (with Thomas Buergenthal, West Publishing) and dozens of journal articles and book chapters, some written in German, which he spoke fluently. Hired in 1965 to develop Vanderbilt's international law program, Maier sought to establish a program to train students interested in an international legal practice and to enable scholarship in international legal …

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Judging Leaders Who Facilitate Crimes By A Foreign Army: International Courts Differ On A Novel Legal Issue, Mugambi Jouet Jan 2014

Judging Leaders Who Facilitate Crimes By A Foreign Army: International Courts Differ On A Novel Legal Issue, Mugambi Jouet

Vanderbilt Journal of Transnational Law

In one of the most significant cases in the history of international criminal law, Prosecutor v. Perisic, the International Criminal Tribunal for the Former Yugoslavia (ICTY) effectively addressed an issue of first impression: may a military or political leader be convicted for knowingly facilitating crimes by another state's army? The influential tribunal answered this question in the negative--knowledge that the recipients of military assistance are perpetrating crimes is essentially irrelevant absent evidence that the facilitator specifically intended that crimes occur. The ICTY Appeals Chamber thus acquitted Serbian General Momilo Peridid, who had been convicted at trial of knowingly aiding and …

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Gimme Shelter: International Political Asylum In The Information Age, Jacob Stafford Jan 2014

Gimme Shelter: International Political Asylum In The Information Age, Jacob Stafford

Vanderbilt Journal of Transnational Law

On June 5, 2013, an article in the Guardian revealed highly classified information about surveillance operations being performed by the United States National Security Administration (NSA). The source of this information was a former NSA contractor named Edward Snowden. After arriving in Moscow on June 23, Snowden spent the next forty days in the transit area of Sheremetyevo International Airport in a bizarre state of geopolitical purgatory. Eventually, Russia granted Snowden temporary asylum for one year, followed by a three-year residency permit. This Note uses Snowden's circumstance to consider the current state of international political asylum within the context of …

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The United Nations Water Courses Convention On The Dawn Of Entry Into Force, Ryan B. Stoa Jan 2014

The United Nations Water Courses Convention On The Dawn Of Entry Into Force, Ryan B. Stoa

Vanderbilt Journal of Transnational Law

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles …

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Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts, Alexis Lee Krivoshik Jan 2014

Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts, Alexis Lee Krivoshik

War Crimes Memoranda

No abstract provided.

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Us-Visit System, Malea R. Hetrick Jan 2014

Us-Visit System, Malea R. Hetrick

War Crimes Memoranda

No abstract provided.

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