International Law Commons^™

Liability And Emerging Digital Technologies: An Eu Perspective, Maria L. Montagnani, Mirta Cavallo

Notre Dame Journal of International & Comparative Law

No abstract provided.

“A Mad And Melancholy Record”: The Crisis Of International Law Histories, Vasuki Nesiah

Notre Dame Journal of International & Comparative Law

No abstract provided.

Lecture By John Tasioulas: Just Global Health: Integrating Human Rights And Common Goods., Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Potential Impact Of Climate Change Litigation On Government Policy, Fon Bisalbutr

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Refugees We Are: Solidarity, Asylum, And Critique In The European Constitutional Imagination, Paul Linden-Retek

Journal Articles

This Article aims to reimagine post-national legal solidarity. It does so by bringing debates over Habermasian constitutional theory to bear on the evolving use of mutual recognition and mutual trust in the EU’s Area of Freedom, Security, and Justice (AFSJ), particularly in the context of European asylum law and reforms to the Dublin Regulation. Insofar as critiques of Habermasian “constitutional patriotism” apply to the principle of mutual trust, the Article suggests why post-national solidarity requires fallibilism and dynamic responsiveness that exceed formalized rules of forbearance and respect.

On this revised view, legal solidarity guarantees a particular form of adjudication through …

Dusting Off The Law Books: Recognizing Gender Persecution In Conflicts And Atrocities, Lisa Davis

Northwestern Journal of Human Rights

War-time abuses against women, girls, lesbian, gay, bisexual, transgender, intersex, queer (LGBTIQ), non-binary and gender non-conforming persons are not new. They are as old as human history, appearing in modern international criminal law records as far back as World War II (WWII). In conflicts across the globe, from Iraq to Colombia, armed actors have perpetrated gender-based crimes amounting to persecution in an effort to reinforce oppressive, discriminatory gender narratives. Rarely documented when they happen, perpetrators are hardly ever held accountable for these crimes. As a result, the crimes are often excluded from consideration by international and domestic tribunals, and in …

Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Margot Walström, Special Representative of the UN Secretary-General on Sexual Violence defines sexual violence as a "way of demonstrating power and control. It inflicts fear on the whole community. And it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society.” Despite the universal damage of sexual violence throughout history, international law did not begin to develop a response to such crimes until the 1990s. Worldwide fear and shame associated with atrocities of sexual violence, difficulty defining it across cultures, challenges to accurate data collection, and lack of collective action all contribute to the …

Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage

Pace Environmental Law Review

No abstract provided.

‘Security For Costs’ Under The Icsid Regime: Does It Prevent ‘Arbitral Hit-And-Runs’ Or Does It Unduly Stifle Third-Party Funded Investors’ Due Process Rights?, Young Hye (Martina) Chun

Pepperdine Dispute Resolution Law Journal

This Article considers security for costs under the ICSID regime. Given that all security for costs have been ordered against third-party funded investors—with the latest decision, Unionmatex, in January 2020, this Article examines prior ICSID decisions to determine whether third-party funded investors are prejudiced when it comes to security for costs. It further addresses whether an applicant’s right to a costs award is a “protectable right” under Article 47 and concludes that it is not. Finding that “arbitral hit-and-run” is a hypothetical concern not based on empirical evidence and providing that ICSID’s new proposed rules to its Arbitration Rules will …

Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison

BYU Law Review

No abstract provided.

Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni

BYU Law Review

No abstract provided.

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.

Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam

Theses and Dissertations

Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …

For Facebook’S Sake: Getting Conversant With Human Rights, Deborah Pearlstein

Online Publications

Each time I read a new article or interview with an American lawyer or legal scholar reacting to the recent decision by the Facebook Oversight Board (FOB) to invoke international human rights law in sustaining Facebook’s suspension of Donald Trump – I feel seized by the impulse to respond with an unsolicited public primer on what international human rights law (IHRL) is. It is not an unfamiliar feeling. On the contrary, the impulse (which I experience as uncomfortably paternalistic) has emerged repeatedly in the past, say, 20 years, during any one of countless exchanges with lawyers or academics who have …

22-2, 2021 Masthead

San Diego International Law Journal

No abstract provided.

Modern War, Nonstate Actors And The Geneva Conventions: No Longer Fit For Purpose?, Dr. Waseem Ahmad Qureshi

San Diego International Law Journal

Many enduring armed conflicts of the last couple of decades have displaced millions of civilians, giving rise to refugee predicaments around the globe. These wars caused many civilian casualties and the destruction of civilian objects, utterly disregarding the protection offered under the Geneva Conventions. Between the rise in violence and the underlying violations of humanitarian law, the Geneva Conventions have lost their significance. Thus, it must be considered whether the Geneva Conventions matter anymore with regard to their effectiveness and efficiency. If the Geneva Conventions are still relevant, then who is responsible for violations of humanitarian law? Further, when states …

The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000), George E. Edwards

Pace International Law Review

At the San Francisco Conference where the United Nations Charter was negotiated, participants and observers included representatives of “societies and organizations”—non-governmental organizations (NGOs). The precise number and identities of those NGOs is unclear, but 42 of the participants were consultants to the U.S. delegation that successfully lobbied for the Charter to include an official relationship between the U.N. and NGOs, and the promotion and protection of human rights. NGOs thus had a profoundly positive impact on the creation of the United Nations. For the first 75 years of the U.N.’s existence, NGOs have played an invaluable role in supporting the …

Protection Of Witnesses And Sensitive Information In U.K. Criminal Prosecutions, Eric Waage

San Diego International Law Journal

This Article examines the film Closed Circuit, as it portrays the legal issues surrounding a British judge’s decision to hold a hearing in camera. As in the United States, holding in camera hearings safeguards the use of witnesses and protects confidential information before it is shared with all parties to a criminal case or the jury. Closed Circuit accurately portrays some aspects of the United Kingdom’s legal standards that govern these hearings including the judicial deference to the Crown’s national security interests, the appointment of cleared special counsel to represent the accused, and the use of pseudonyms to protect …

Yes, Chickens Have Feelings Too. The Recognition Of Animal Sentience Will Address Outdated Animal Protection Laws For Chickens And Other Poultry In The United States, Jessica Park

San Diego International Law Journal

The cages on the truck rattle vigorously with every bump and crevice on the road. The sun continues to blaze while a young, oversized chicken barely finds the strength to stand upright. It cannot support its own hormone-induced weight, and it is crammed against the corner after losing a battle with other chickens for more space. Over twenty-four hours have elapsed since its last meal or drink.

Chickens have adapted and grown alongside the development and industrialization of the United States, and their companionship even predates the official creation of the nation itself. The current state of animal welfare legislation …

The United States Ban On Tourism To Cuba, Frank J. Vandall

San Diego International Law Journal

The purpose of this Article is to evaluate the United States ban on Americans’ touring Cuba. This Article begins with the history of the United States’ tumultuous relations with Cuba over the past 60 years, then it explores the specific language of the ban and the reasons presented for it. Additionally, the Article considers the impact of the new law on both the United States and Cuba and concludes with an argument for lifting the ban and returning to the policy of normalization that preexisted the declaration.

Why Not Loan Instead Of Loot? A Preventative Proposal Regarding The Illicit Trade Of Antiquities In A World Of Terrorism, Rachel Geagea

San Diego International Law Journal

This Comment provides a comprehensive and preventative solution to the destruction of antiquities at the hands of non-state actors. The solution is a customizable loan agreement that works in tandem with existing international legislation. It can be changed to meet the needs of unique situations and can be incorporated into the existing international agreements. However, its focus is prevention, not criminal litigation. The idea is to make this agreement available to governments, museums, and private actors who wish to participate in the protection of at-risk artifacts by removing them from the areas of conflict to safe environments ideal for conservation. …

Applying The "War On Terror" To The "War On Drugs:" The Legal Implications And Benefits Of Recategorizing Latin American Drug Cartels As Foreign Terrorist Organizations, Madison Standon

San Diego International Law Journal

This Comment analyzes, and ultimately rejects, the proposal for reclassifying Latin American Drug Cartels as Foreign Terrorist Organizations. Section I provides a brief history about the War on Drugs, the ineffectiveness of the policies implemented to combat the War on Drugs, and a brief history about the War on Terror. Section II discusses applicable international and domestic laws, including the Geneva Conventions, international human rights law, U.S. terrorism laws, U.S. drug laws, and U.S. case law. Section III considers whether Latin American Drug Cartels can be recategorized as Foreign Terrorist Organizations under current the current statutory scheme, analyzes how international …

Legal Liability For Corporations Doing Business In The West Bank: An Analysis Of Corporate Liability And A Shareholder Proposal Solution For Mitigating Risky Business Activity, Mila Kelly

William & Mary Business Law Review

For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law violations, global businesses have not shied away from the profitability of this region. This engagement in corporate activity within any disputed territory comes with its fair share of business risk, including legal liability for complicity in purported human rights violations.

This Note will examine the hypothetical liability for corporations doing business in the West Bank and explain how international law and the …

Opening Session, Annette Clark, Steven Bender

SITIE Symposiums

This year's conference focuses on the social good, highlighting three access barriers fundamental in law and society - access to legal services (and more generally, justice), access to health and health care during the COVID-19 pandemic, and access to financial services for the unbanked or underbanked.

Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa

Georgia Journal of International & Comparative Law

No abstract provided.

Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe

Georgia Journal of International & Comparative Law

There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …

Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen

Georgia Journal of International & Comparative Law

No abstract provided.

Is A South China Sea Code Of Conduct Viable?, Raul (Pete) Pedrozo

International Law Studies

For over twenty years, the People’s Republic of China (PRC) has stonewalled efforts by the Association of Southeast Asian Nations (ASEAN) to negotiate a binding Code of Conduct that would form the basis for a peaceful and durable solution to the territorial and maritime disputes in the South China Sea (SCS). At the same time, the PRC engaged in a series of malign activities, to include the militarization of several reclaimed artificial islands, that have forever changed the landscape and status quo of the SCS. In 2020, the PRC unexpectedly called on ASEAN to resume the negotiations as soon as …

Brief For Amici Curiae Andrea K. Bjorklund, Diane Desierto, And Franco Ferrari In Support Of Petitioners-Appellants And Reversal, James E. Berger, Charlene C. Sun, Diane Desierto, Anread K. Bjorklund, Franco Ferrari

Court Briefs

No Date for Oral Argument Has Been Set

No. 20-7113
Hulley Enterprises Ltd. v. Russian Federation

On appeal from the United States District Court for the District of Columbia, No. 14-1996 (BAH)

From the Summary of the Argument

Staying enforcement of an arbitral award pending a decision by a court in the place of arbitration is unusual; staying enforcement of an arbitral award for more than six years is almost unheard-of.⁶ The continued stay of proceedings in this case ignores the fact that arbitral awards are presumptively enforceable; non-enforcement is the exception rather than the rule.

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⁶ See …

Is Climate Change A Threat To International Peace And Security?, Mark Nevitt

Michigan Journal of International Law

The climate-security century is here. Both the United Nations Intergovernmental Panel on Climate Change (“IPCC”) and the U.S. Fourth National Climate Assessment (“NCA”) recently sounded the alarm on climate change’s “super-wicked” and destabilizing security impacts. Scientists and security professionals alike reaffirm what we are witnessing with our own eyes: The earth is warming at a rapid rate; climate change affects international peace and security in complex ways; and the window for international climate action is slamming shut.