International Law Commons^™

Making An Impact: Panel Of Former Journal Of International Law Editors, Caroline R. Cirillo, Niki Dasarathy, Philip Hadji, Katelyn Masetta-Alvarez, Alireza Nourani-Dargiri, Douglas Pilawa, Christopher Rassi

Case Western Reserve Journal of International Law

Alumni Panel of former editors of the Journal of International Law: Niki Dasarathy, Philip Hadji, Katelyn Masetta-Alvarez, Alireza Nourani-Dargiri, Douglas Pilawa, and Chrisopher Rassi recount their student experiences, careers after law school, and give advice to current students interested in international law careers.

Promoting Awareness Of Sex Trafficking In Tourism And Hospitality, Joshua Aston, Jun Wen, Edmund Goh, Oswin Maurer

Research outputs 2014 to 2021

Purpose: This cutting-edge short commentary is intended to raise awareness of sex trafficking in the tourism and hospitality industry. The purpose of this paper is to also advocate for further research to identify and hopefully prevent sex trafficking in related settings.

Design/methodology/approach: This paper provides a descriptive overview of the current knowledge base on sex trafficking in tourism and hospitality. Based on gaps in the literature, future research agendas and directions are suggested.

Findings: Academic research on sex trafficking in tourism and hospitality remains limited. More scholarly attention is needed to this matter. The tourism industry is directly and indirectly …

Viral Sovereignty, Vaccine Diplomacy, And Vaccine Nationalism: The Institutions Of Global Vaccine Access, Sam F. Halabi, Ana Santos Rutschman

Emory International Law Review

The COVID-19 pandemic has triggered a global vaccine race. Distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. This Article is the first to describe the phenomena that have driven the development of international vaccine-sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

This Article explores the longstanding dissociation between global public health imperatives and nationalist responses to pandemics within the frameworks of “vaccine nationalism,” “viral sovereignty,” and “vaccine diplomacy.” The Article then considers …

Foreword, Margaret F. Sport

Emory International Law Review

No abstract provided.

An Examination Of Graffiti Protection And The Social Obligation Theory Of Property, Chelsea Kim

Emory International Law Review

With graffiti art booming, artists all around the world want their creations protected. Current copyright laws in the United States as well as Europe are incentive-based; however, this is an inadequate justification for protection when many artists are motivated by social contribution to the community. This Comment discusses graffiti protections under intellectual property law from an international standpoint—comparing the United Kingdom, France, Greece, and Germany—then analyzes graffiti protections under a progressive property theoretical framework. This Comment argues that the progressive property approach would support the need to better protect graffiti art under copyright law and to contemplate the interests of …

Back To Basics In Evaluating Belief, Nazila Ghanea

Emory International Law Review

The growing academic literature around freedom of thought, conscience, and religion has stretched the topic to many arenas and offered a detailed analysis of its relevance to numerous related concerns. It has, rightly, gone beyond a theoretical consideration as an individual right to also examining it within the community and society at large. This Article, however, assesses whether we need to return to ensuring that freedom of thought, conscience, and religion rest on a sufficiently close nexus with the conviction of particular claimant(s), and why this matters.

Autobiographical Reflections, Abdullahi An-Naim

Emory International Law Review

As a way of concluding this festschrift issue of the Emory International Law Review, I have been invited to contribute an autobiographical essay reflecting on my academic and professional career.

Comparative Disability Policy In Employment, Kevin Rudolph

Emory International Law Review

For individuals living with disabilities, the ability to obtain employment can be challenging. But often it is not the disability itself that causes the challenge, but employers and society’s prejudices. While national legislation both in the United States and abroad have attempted to dispel this prejudice through anti-discrimination programs, novel (or reimagined) solutions are needed to proliferate employment for disabled individuals.

This Comment explores the history of disability employment across the Atlantic by focusing on how the United States, Germany, and the United Kingdom have responded to proliferating employment for disabled individuals. Additionally, this Comment explores both what steps these …

The Global Benefits Of The Law & Economics Framework In Legal Education: Using Class Simulations To Support Law Student Learning (First In Series), Patrick Gaughan

Akron Law Faculty Publications

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …

Advocating The Temporary Rights To Work For Refugees And Asylum Seekers In Transit In Indonesia, Marupa Hasudungan Sianturi, Nino Viartasiwi

Indonesia Law Review

Refugees and asylum seekers are stuck in three to unknown years of protracted transit in Indonesia in their route to reach a destination country. The status of foreign refugees and asylum seekers has deprived them access to basic human needs such as the right to earn a living, education, and healthcare service. This study focuses on the issue of the prohibition to work for refugees and asylum seekers by reviewing the law and regulation concerning refugee protection, rights to work for foreigners, and fundamental human rights. In addition, a review of international norms and conventions on human rights, as well …

A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw

BYU Law Review

No abstract provided.

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, …

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.

Corporate Wealth Over Public Health? Assessing The Resilience Of Developing Countries' Covid-19 Responses Against Investment Claims And The Implications For Future Public Health Crises, Tim Hagemann

Pace International Law Review

In the wake of the Covid-19 pandemic, states around the world swiftly enacted a multitude of far-reaching emergency responses to contain the viruses’ spread and to cope with the economic repercussions of the ensuing crisis. However, these measures detrimentally impacted the operating conditions of many businesses or, at the least, decreased their profitability. As this inevitably affected foreign investments, investors could be tempted to invoke “Investor State Dispute Settlement” (“ISDS”) clauses in International Investment Agreements (IIAs) to initiate proceedings before arbitral tribunals and seek compensation for loss of profit caused by states’ Covid-19 responses. Due to the specific circumstances in …

Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible, Md. Rizwanul Islam

Pace International Law Review

The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the …

Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl

Scholarly Articles

The important questions laid out by the Appeals Chamber in this case highlight the need for the proper delineation and interplay between mental illness and criminal responsibility under international law. Specifically, this case represents a watershed moment for the Appeals Chamber to set a framework for adjudicating mental illness in the context of collectivized child abuse and trauma. This is especially true for former child soldiers who occupy both a victim and alleged perpetrator status.

Amici Curiae Observations On Sexual- And Gender-Based Crimes, Particularly Sexual Slavery, And On Cumulative Convictions Pursuant To Rule 103 Of The Rules Of Procedure And Evidence, Jocelyn Getgen Kestenbaum

Amicus Briefs

Sexual slavery is not a “form” of enslavement; rather, all acts of a sexual nature, including control over sexuality, sexual integrity and sexual and reproductive autonomy, constitute indicia of the exercise of powers of ownership of enslavement in all its forms. Consequently, enslavement as a crime against humanity is not “in the abstract entirely encompassed within sexual slavery.” To avoid entering cumulative convictions for separately enumerated crimes that do not each have a distinct element from the other, and to avoid a continuation of a discriminatory application of the law, amici suggest that, in the interests of justice, the …

Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The amicus brief argues that in a case where the defendant alleges a ground excluding criminal responsibility (an affirmative defense), such as mental illness or duress, the defendant has an evidentiary burden to produce some evidence to support his/her claim of mental illness or duress, but that the prosecution retains the legal burden of proof to establish the defendant's responsibility beyond reasonable doubt.

“This ruling will have repercussions for future cases where the defendant asserts a mental illness or duress affirmative defense. Depending on how the ICC decides, future defendants will have to meet a specific evidentiary (or legal) burden …

Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta

Theses and Dissertations

People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

The Power Of Being Present: Lessons From Diplomacy In Latin America And The Caribbean For The Private Sector, Kimberly Breier, Daniel Korn

University of Miami Inter-American Law Review

Successful modern diplomacy and private sector engagements require being physically present. Based on the experience of the authors in diplomacy and corporate government affairs, this article argues that the trust that forms the basis of effective diplomacy and corporate engagement with the communities in which they operate is established best through direct physical interaction. With examples from Latin America and the Caribbean, the article explores how both diplomacy and corporate government affairs have evolved into a model of being present that emphasizes seeking to empower local populations. The article delves into how and why the United States carries out its …

Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman

University of Miami Inter-American Law Review

To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …

Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla

University of Miami Inter-American Law Review

46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."

Peran Dan Kepentingan North Atlantic Treaty Organization (Nato) Dalam Konflik Perang Sipil Di Libya: Studi Kasus Periode Tahun 2011-2015, Harisuda Murdani, Yon Machmudi

Journal Of Middle East and Islamic Studies

The wave of the Arab Spring in the East The Civil War in Libya that occurred in the Middle East in 2011 was felt in Libya. The conflict that started as a demonstration ended in a civil war between the government and the Libyan opposition. NATO's humanitarian intervention is the mandate of the United Nations in the civil war in Libya uses the Responsibility to Protect rule to prevent the conflict from spreading. The presence of NATO as an international community is not only due to concern for Libya but there is an interest of oil resources in Libya. During …

"Lawcraft": China's Evolving Approach To International Law And The Implications For American National Security, Matthew H. Ormsbee

Fordham Law Review Online

No abstract provided.

"I Am Not Good Enough For The State Because I Am A Woman": The Feminization Of Poverty, A Violation Of Women's Social Rights?, Masa Amir

Archived Theses and Dissertations

This thesis explores the conception of the feminization of poverty, the notion that women experience a higher incidence of poverty than men, that women are prone to suffer more persistent/long-term poverty than men, that women's disproportionate burden of poverty is rising relative to men, that women face more barriers to lifting themselves out of poverty, that the â feminization of poverty' is linked with the â feminization of household headship,' and that women-headed households are the poorest of the poor. Seeing that poverty has been defined as capability deprivation that prevents individuals from leading the kind of life they have …

Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier

Archived Theses and Dissertations

The current state of international law and human rights provide a rich context for a critique of the discourse of human trafficking: how the discourse is framed, how it is used and what the effects of this use are. This research suggests that the discourse of human trafficking is often employed in a binary, dualistic manner in its framing, conceptualization and common manifestations. The binary determination of human trafficking as a human right violation or a crime was particularly evident in the negotiating process for the definition of human trafficking contained in the UN Trafficking Protocol, which represented an opportunity …

Indiana Law’S Lubin, Sun Help Advise Kosovo Government On Country’S Cybersecurity Act, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

What We Don’T Know About Intellectual Property: A Comparative Review Of Intellectual Property In The United States And Afghanistan, Zamira Saidi

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.