International Law Commons^™

The Extraterritorial Application Of Human Rights Treaties: Al-Skeini Et Al. V. United Kingdom (2011), Joseph Sinchak

Pace International Law Review Online Companion

The decade proceeding the 9/11 tragedy has been very unkind to the human rights regime, as many western nations have committed human rights abuses in their mission to combat terrorism. Both the United States and the United Kingdom have been engaged in wars in Iraq and Afghanistan, where they perpetrated terrible crimes and violated important tenants of international law. These violations, ranging from allegations of torture to wrongful deaths, are prohibited by human rights law. In fact, human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) were …

The European Union And The Abolition Of The Death Penalty, Christian Behrmann, Jon Yorke

Pace International Law Review Online Companion

The European Union has become a leading regional force in the progress towards a world free of state sanctioned judicial killing in the form of the death penalty. This article investigates how the EU has evolved its abolitionist position. It analyzes the development of the region’s internal policy beginning in the European Parliament, to the rejection of the punishment being mandated as a Treaty provision, which evolves into an integral component of the external human rights project. The EU has now formulated technical bilateral and multilateral initiatives to promote abolition worldwide. This is most clearly evidenced in the EU playing …

The Normative Legitimacy Of International Courts, Nienke Grossman

All Faculty Scholarship

This Article’s objective is to spark discussion about the standards by which we judge international courts. Traditional justifications for the authority of international courts are based on outmoded assumptions of their role and impact. State consent and procedural fairness to litigants are insufficient to ground the legitimacy of institutions that may adjudicate the international rights and duties of nonlitigants, deeply affect the interests of nonlitigating stakeholders, and shape the law prospectively. These realities mandate a new approach to the legitimacy of international courts. This Article presents alternative or additional approaches for justifying the authority of international courts rooted in both …

“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti

Cardozo Public Law, Policy & Ethics Journal

Trick: "a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat." Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This Article evaluates three tricky business tactics found lawful by the United States Supreme Court during its most recent term. The Article …

Insuring Island States: The Role Of Insurance For Small Island States In Responding To The Adverse Effects Of Sea Level Rise, Maria Antonia Tigre

Elisabeth Haub School of Law Student Publications

Small island states are likely to suffer the greatest impact of sea level rise. They are also generally low emitters of greenhouse gas emissions (GHGs), meaning they have contributed little to the problem of human-induced climate change. For an array of reasons, including their reduced economic and political power relative to the international power of other states, these smaller islands and states have come together, forming the Alliance of Small Island States (AOSIS). Jointly, they have been battling to gain the attention of the international community in their search for solutions. However, they are still left with many unanswered questions …

Chafin V. Chafin: Protecting A U.S. Parent’S Power To Litigate International Abductions, Monique Vieites

University of Miami Inter-American Law Review

No abstract provided.

The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.

University of Miami Inter-American Law Review

No abstract provided.

The Political Economy Of International Financial Regulation, Pierre-Hugues Verdier

Indiana Law Journal

No abstract provided.

Ecowas's Right To Intervene In Côte D'Ivoire To Install Alassane Ouattara As President-Elect, Julie Dubé Gagnon

Notre Dame Journal of International & Comparative Law

On January 6, 2011, President-elect Alassane Ouattara of Côte d’Ivoire requested the Economic Community of West African States (ECOWAS) to intervene in order to remove incumbent Laurent Gbagbo, who refused to leave power following the democratic presidential elections of November 2010. In December 2010, ECOWAS gave a final ultimatum to Laurent Gbagbo to comply with its request on ceding his throne. Otherwise, ECOWAS warned, it would be compelled to use legitimate force to serve the demands of the Ivorian people. This Article ascertains the illegality of a military intervention for pro-democratic motives in light of the current postelection crisis in …

Targeting And The Concept Of Intent, Jens David Ohlin

Cornell Law Faculty Publications

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …

Caressing The Big Fish? A Critique Of Icc Trial Chamber V(A)'S Decision To Grant Ruto's Request For Excusal From Continuous Presence At Trial, Thomas Obel Hansen

Cardozo Journal of International and Comparative Law

The article critiques the ICC Trial Chamber V(a)'s decision to excuse William Ruto from continuous presence at his trial, arguing that this decision misinterprets Articles 63 and 27 of the Rome Statute. The Chamber's reliance on "exceptional circumstances" and Ruto's official status as Vice President of Kenya undermines the principle of equality before the law and sets a problematic precedent for future cases involving high-ranking officials.

Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer

Cardozo Journal of International and Comparative Law

The note examines the legal dispute over access to healthcare between Israel and the Palestinian Territories under International Humanitarian Law (IHL). It argues that while IHL obligates Israel to provide medical services to Palestinians injured in conflict, it does not require unrestricted access for routine healthcare. The analysis highlights the need for Israel to balance its security interests with humanitarian obligations, ensuring access to healthcare while maintaining necessary restrictions. The note also suggests that as the Palestinian Territories pursue statehood, they should develop their own advanced healthcare facilities to reduce reliance on Israeli institutions.

Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver

University of Miami International and Comparative Law Review

No abstract provided.

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

Case Global: News From The International Law Centers & Institutes, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 6 [sic] [5], #1 (2013)

• Special Report: Professors help establish accountability mechanisms for Syrian atrocities
• A Message from Dean Scharf
• Worth Reading--Recent Faculty Publications/Activities
• Case launches New Online LLM
• Case Professor’s New Book Explores Accelerated Formation of Customary International Law
• Case law grad appointed UN/Africa Union Chief Mediator for Darfur
• Case launches new exchange and concurrent degree programs with 21 foreign partners
• Case offers world’s first free online international law course
• International Law Talk Radio from Case celebrates its first year
• Case International Law Moot Court teams excel again in 2013
• Record number of foreign lawyers received LLM degrees …

European Court Of Human Rights' Dance With Death, Alexander Cogbill

Connecticut Journal of International Law

There has not been a state sponsored execution by any Council of Europe member state in more than fifteen years.' This milestone represents a relative success for opponents of capital punishment and is only possible because of a carefully constructed legal evolution. The de facto abolition of the death penalty remains under threat by both member and non-member states. This article will explore the current state of death penalty jurisprudence in the Council of Europe, focusing particularly on attempts to export abolitionist values to retentionist countries. It argues that this awkward assertion of diplomatic power is necessary to advance the …

Transformation Of The Modern State: State Sovereignty And Human Rights In The Internet Age, Rob Dickinson

Connecticut Journal of International Law

Self-immolation is the final challenge of the desperate: to local society, to the wider state, to society nationally, and to the international arena. Examples abound: for instance, on January 16, 1969, Jan Palach, a Czech student, committed suicide in Wenceslas Square, Prague, in protest against the Soviet occupation of Czechoslovakia following the invasion in August 1968 - now garnering fresh publicity through a recent television mini-series.' In addition, over the years, Tibetans have used self-immolation as a tactic to protest against Chinese rule in numbers that continue to mount: "Since March 2011, some forty Tibetans have set themselves on fire …

Duty-Free Quota-Free Market Access For Ldcs: Falling Within Or Outside The Gsp Downsides, Sharmin J. Tania

Connecticut Journal of International Law

On April 24, 2013, the world witnessed the deadliest industrial disaster in the textile sector when a building collapse in Bangladesh killed 1129 ready-made garment workers. In the aftermath, both the United States (U.S.) and the European Union (E.U.) threatened to suspend Bangladesh from their Generalized System of Preference (GSP)' facility, clearly to pressure the Bangladeshi government to improve labor conditions. Ultimately, though the E.U. backtracked from the threat, the U.S. suspended its GSP treatment to Bangladesh as a "symbolic move to punish the country for poor labor practices" that particularly attracted the world's attention after the Savar building collapse. …

To Join Or Not To Join The International Criminal Court: Arguments For And Against American Ratification Of The Rome Statute, Caitlin Peruccio

Connecticut Journal of International Law

Throughout the 20th century, the international community sought to create a permanent international court to handle crimes against humanity, war crimes and genocide. Following the atrocities of World War II, the Nuremberg and Tokyo Trials - in turn - addressed the crimes committed during World War II' Through the Geneva Conventions and the Universal Declaration of Human Rights, there was an increasing validity of "individual human rights as a legitimate subject of international law."2 In the drafting stages of the Geneva Conventions, the United States lobbied for the inclusion of a provision that would establish an international criminal court;3 however, …

Creeping Adversarialism In Counterterrorist States, Erin Creegan, Clare J. Hatfield

Connecticut Journal of International Law

The most popular criminal justice system the world over is not the one found in the United States. The United States uses the "adversarial" or "accusatorial" system, in which defense and prosecution are pitted against each other under the supervision of a neutral judge, the fate of the case decided by a lay jury. This is the simple picture anyway. In the inquisitorial system, the judge (or judges, or a mixed panel of lay and professional judges) rule supreme over a neutral presentation of evidence by a detached prosecutor, with rebuttals from the defense. From this simple description, the differences …

Public Debt In The United States And Germany: A Constitutional Perspective, Markus Heintzen, Stephen Utz

Connecticut Journal of International Law

This article compares how German and American constitutional frameworks shape alternative approaches for legislative self-discipline regarding public debt. The purpose of the comparison is to identify structural features of the respective constitutional regimes that further or hinder long-term budgetary discipline on the part of a national legislature. The authors believe the devilish details of this globally pressing legislative goal demand a discussion that is sensitive to both constitutional and fiscal challenges.

Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll

Publications

No abstract provided.

On Monday's Argument In Al-Bahlul, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.

Letter From The Editor, Adrienne M. De La Rosa

Notre Dame Journal of International & Comparative Law

A letter from the editor

Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen

Notre Dame Journal of International & Comparative Law

In recent years, legislation and regulations in different countries of the world have raised questions about the conscientious objection of health care providers. In Spain, the Sexual and Reproductive Health and Voluntary Interruption of Pregnancy Act of 2010 (Sexual and Reproductive Health Act) recognizes the right to conscientious objection of professionals directly involved in the termination of pregnancy but also expands the possibility to perform abortions in relation to previous legislation. The application of the conscientious objection clause, however, leaves multiple questions open, and both the administration and the judiciary have reached different conclusions in its interpretation. The discussion about …

Meaningful Membership: Making War A Bit More Criminal, Rachel E. Vanlandingham

Cardozo Law Review

Should membership in a particular group, by itself be enough for the government to kill you? This Article starts with the classic lawyer's answer of "it depends," but goes beyond it to answer yes, explain why, and recommend limits. The heart of the matter is found in how the law of armed conflict treats transnational, non-state armed groups such as Al-Qaeda. When such groups are viewed analogously to state militaries, their members are lawfully subject to lethal attack based on their membership status, as distinct from their actual hostile conduct. By comparing this focus on status to federal criminal law's …

Toward A Jurisprudence Of Free Expression In Russia: The European Court Of Human Rights, Sub-National Courts, And Intersystemic Adjudication, Robert B. Ahdieh, H. Forrest Flemming

Faculty Scholarship

Protection of free expression in Russia is headed the wrong direction, but one institution may still be able to slow its backward slide: the Russian judiciary. In particular, sub-national courts-those operating at the ground level-have the potential to shape a renewed jurisprudence of free expression in Russia. To encourage as much, the European Court ofHuman Rights (ECHR) should engage the Russian courts in a pattern of "intersystemic adjudication, "pressing them to embrace ideas about the role of courts, the law, human rights, and free expression more in line with international norms. Hopefully, this can reverse Russia's current path toward the …

Rwanda — Cutting-Edge Vat Compliance, Richard Thompson Ainsworth, Goran Todorov

Faculty Scholarship

On August 26, 2013 the Ministerial Order on Modalities of Use of Certified Electronic Billing Machine, No. 002/23/10TC of 31/07/2013, was published in the Official Gazette of Rwanda. This Order has set loose a technology revolution in VAT compliance that promises business efficiencies, and revenue enhancements that are only imagined in more developed countries. To open the door to technology Rwanda has taken the traditional digital invoice security model, and connected it to a central security portal at the Rwanda Revenue Authority (RRA). Rwanda will now be able to securely monitor transactions in close to real-time (oversight is on-demand).