International Law Commons^™

Unced And The Development Of International Environmental Law, Peter H. Sand

Journal of Natural Resources & Environmental Law

No abstract provided.

The Koko Incident: Developing International Norms For The Transboundary Movement Of Hazardous Waste, Sylvia F. Liu

Journal of Natural Resources & Environmental Law

No abstract provided.

The Binding Nature Of The Disputes Settlement Procedure In The Third U.N. Convention On The Law Of The Sea: The International Seabed Authority, Mahdi El-Baghdadi

Journal of Natural Resources & Environmental Law

No abstract provided.

Sovereignty In Light Of International Developments

UAEU Law Journal

The doctrine of sovereignty is well recognized by the international community. It governs inter-states relations. International law preserves the sovereignty of states on an equal basis. However, contemporary developments at the international arena reveal that the doctrine of sovereignty is still an evolving one .Its effects and limits are being redefined in the context of permitting intervention in states international affairs on several grounds. They include the protection of human rights, promoting democracy, combating international terrorism, imposing fact-finding committees, pre-emptive war and humanitarian intervention. This article examines the impact of these developments on the doctrine of sovereignty

Islamic Jurisdiction Over Moslems In Non-Islamic Countries, Othman Jumaa Dhamiriya

UAEU Law Journal

The relationship between Muslims and Non Muslims increased in social, economic, and political spheres in the non-Islamic counties, especially after emigration of the Muslims there. Different issues appeared, some of which dealt with foreign relationship, and others with the limits of jurisdiction of Islamic state over the behavior of Muslims in Non-Islamic country. The Muslim jurists had discussed these matters before the positive law did under the title :( Dispute laws), and knew the proper rules that fit the matters.

The research concluded with the notion that the bases are the limitation of jurisdiction of Muslims state, and the submission …

U.S. Recognition Of Japanese Sovereignty Over The Senkaku Islands, Raul (Pete) Pedrozo

International Law Studies

Every U.S. administration from Truman to Kennedy recognized Japanese residual sovereignty over the Senkaku Islands. U.S. policy changed, however, to one of neutrality under the Nixon administration during the negotiations of the Okinawa Reversion Treaty. The change in policy was not based on a belief that Japan did not retain sovereignty over the islands, but rather was done to appease the Republic of China over its impending expulsion from the United Nations and to break an impasse of the ongoing textile negotiations with Taipei. The administration’s overtures to China, culminating in Nixon’s visit to China contributed to the decision. Since …

The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa

UAEU Law Journal

The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …

Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi

UAEU Law Journal

At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.

The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation …

The “External Element” Of The Obligation To Ensure Respect For The Geneva Conventions: A Matter Of Treaty Interpretation, Marten Zwanenburg

International Law Studies

In Common Article 1 of the 1949 Geneva Conventions, States Parties undertake to “respect and ensure respect” for the Conventions. This article focuses on the question whether an interpretation of that provision leads to the conclusion that it contains an external element. The term “External element” refers to an obligation for States to ensure respect for the Conventions not only internally (i.e., by their nationals as a whole), but also by other States, and possibly even by organized armed groups involved in extraterritorial non-international armed conflicts. The article applies the rules of treaty interpretation, as codified in Articles 31 – …

Theories On Territorial Sovereignty: A Reappraisal, Giovanni Distefano

UAEU Law Journal

Territory and its normative translation, that is territorial sovereignty, are still the cornerstone of contemporary international legal order, as Article 2 (1) of the United Nations Charter solemnly declares. Hence, it is not without interest to enquire into this fundamental legal notion. This article purports to analyse firstly different legal theories which have been advanced so far in order to explain the legal relationship between State and territory; secondly, the so-called mode of acquisition of territorial sovereignty; thirdly, specific territorial situations (such as international administration, protectorates, servitudes, etc.); fourthly, the role of such peremptory rules of public international law (ius …

Amplifying Voices And Fighting Impunity: A Case For Incorporating Victim Impact Into Early Release Decisions At The International Residual Mechanism For Criminal Tribunals, Yasmine Palmer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

William & Mary Journal of Race, Gender, and Social Justice

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …

Freedom Of Speech In International Law, Zaid Ali Zaid

UAEU Law Journal

Freedom of speech is best understood as freedom of expression since ideas and opinions can be expressed by conduct as well as by words. In fact, modern technology permits unique methods or ways of expression via the worldwide web with little means of regulating and limiting free speech and expression. Freedom of speech and expression are considered to be inalienable civil rights of all democratic systems. Be that as it may, even in the context of democratic freedoms, free speech and expression are subject to limitations calculated to minimize harm.[1] As such, democratic nations recognizing and indorsing the right …

Rules Of Judicial Interpretation Of The International Treaty "A Study Of The Law Of Treaties, Adel Ahmad Al-Taié

UAEU Law Journal

This research is based on two hypotheses. Firstly, the international justice is the most appropriate instrument to explain the ambiguous provisions in international treaties when applied to national domains. Secondly, the Vienna Convention on the Law of Treaties (1969) is the best general framework for any study on matters of treaties, among which are rules of interpretation. By linking the two hypotheses, the international justice must apply the Vienna rules as one of two things; first; those rules have one level of importance, namely, multiple elements of a single rule, and that these elements should be working "integrally" to create …

The Extent Of The State’S Responsibility To Compensate Crime Victims: Basis And Scope A Study In Jurisprudence And Comparative Legislation, Abderrahmane Khelfi

UAEU Law Journal

The issue of compensation for crime victims has so alarmed the researchers in the field of law that concern has risen to find solutions for the victims of crime to receive fair and just compensation in situations where the perpetrator of the crime is unknown or indigent. Criminal jurisprudence leans toward contemporary criminal accountability of the state towards the victims whereby it must ensure compensation in a way that guarantees their dignity and prevent them from launching complex legal action in vain. This is dealt with via the paper's discussion of the emergence and development of the idea of obligating …

Landmines And International Liability In Public International Law And Islamic Law A Comparative Study

UAEU Law Journal

Landmines are considered as one of the arsenals of conventional weapons of armies and are originally used as a means of defense to protect an area, stop the advance of the enemy, or to inflict the greatest possible loss on them. However, their increasing destructive power has caused a lot of and material and human losses incurred by the innocent. This requires the international actors to move in order to remove the pain, especially that suffered by civilians, so humanitarian considerations should take precedence over military necessity. In the spirit of spreading safety and security, Islamic law prohibits the use …

The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury

UAEU Law Journal

This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of …

Humanitarian Assistance Between Legitimate Intervention And Conflict With The Sovereignty Of The State, Bensahla Thani Ben Ali

UAEU Law Journal

My analysis of the international assistance showed that the threats of international peace and security have not ceased to spread, and agression is not the only cause. Human catastrophes such as the ones that result from wars and those that are caused by natural disasters appear as factors that represent a serious threat to peace. In fact, international legislation has put forward restrictions on the principle of non-ingerence whenever the aim was to safeguard international peace and security. However, this has become a reason to interfere to offer humanitarian assistance. It is therefore no longer required to have the agreement …

The Legal Regulation Of Humanitarian Relief Actions In Armed Conflicts, Wael Allam

UAEU Law Journal

Armed conflict is one of the main causes of humanitarian disasters which may result in the inability of parties in armed conflict to provide basic goods and services and thus depriving civilians of basic necessities of life.

With the course of armed conflict, the parties to the conflict may not be able to provide essential supplies to the population. Hence, there is no way to preserve the life, health and dignity of the population but through the work of humanitarian relief provided by States and humanitarian organizations. For this reason, it is important to study the topic of "the legal …

The United Nations Efforts In Combating The Recruitment Of Children In Armed Conflicts, Dahya Abdullatif

UAEU Law Journal

UNICEF estimated that more than 300.000 children under the age of ten are currently being exploited in more than 30 armed conflicts around the world. While the majority of child soldiers are between 15 and 18 years old, some of them do not exceed the age of 7 or 8 years old.

This study highlights the role of the UN in reducing this phenomenon. We have tried to demonstrate what this organization has done through its various departments to protect children during armed conflicts through peace keeping operations from the General Assembly and through the Security Council, which had an …

Transparency Of Land-Based Investments: Cameroon Country Snapshot, Sam Szoke-Burke, Samuel Nguiffo, Stella Tchoukep

Columbia Center on Sustainable Investment Staff Publications

Despite a recent transparency law and participation in transparency initiatives, Cameroon’s investment environment remains plagued by poor transparency.

In a new report focusing on agribusiness projects in Cameroon, CCSI and the Centre pour l’Environnement et le Développement (CED) find that:

• Communities continue to be excluded from decision-making around investments.
• The government pursues a top-down approach to concession allocation and remains reluctant to recognize all legitimate tenure rights.
• The government faces threats to its legitimacy as the grievances of citizens and investors alike lead to the barring of roads by communities and investor withdrawals.

CCSI and CED therefore call for:

• A …

Race And Representation: The Legislative Council In Hong Kong During The Reign Of Queen Victoria, Dongsheng Zang

Washington International Law Journal

Black Americans need not be told that racism is not accidental, nor is it marginal in their lives. The rest of the American society does. In fact, race is a foundational consideration in the development of democracy in Anglo- American history. This article attempts to demonstrate, through colonial history of Hong Kong, how white supremacy played a central role in shaping the British colonial policy during the nineteenth century—the reign of Queen Victoria. Hong Kong was ceded to the British Empire when two ideas in Victorian England were competing to dominate its colonial policy: one was anti-slavery, and the other …

Criminalization Is Not The Only Way: Guatemala’S Law Against Femicide And Other Forms Of Violence Against Women And The Rates Of Femicide In Guatemala, Sydney Bay

Washington International Law Journal

Femicide in Guatemala has not decreased over the past twelve years, despite government efforts to curb the practice. In 2008, Guatemala passed the Law Against Femicide and Other Forms of Violence Against Women, which defined and criminalized femicide. The Law also created regulatory agencies and courts focused on stopping femicide and other forms of violence against women in the country, including physical, sexual, emotional, and economic violence. But because the government lacks resources and it has received resistance from the agencies’ local levels, femicide and the violence against women has not diminished. Additionally, recent Supreme Court cases have weakened aspects …

Corporate Complicity In International Criminal Law: Potential Responsibility Of European Arms Dealers For Crimes Committed In Yemen, Marina Aksenova

Washington International Law Journal

This article examines the question of corporate complicity within the framework of international criminal law and, more specifically, at the International Criminal Court (ICC). It does so by referencing a communication to the ICC filed by several non-governmental organizations, inviting the prosecutor to examine potential criminal responsibility of several European corporate officials who are knowingly supplying weapons to the United Arab Emirates/Saudi-led coalition currently engaged in a military offensive in Yemen. This submission raises an important legal question of whether the ICC’s Rome Statute provides for the possibility to hold corporate officials accountable in cases of complicity in gross human …

The Bar Exam’S Contribution To Systemic Inequalities In Access To Justice Around The World, Nicci Arete

Washington International Law Journal

Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession’s goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the goals of the profession? As legal systems become more complex and their impact on people’s lives all- encompassing, the ideal of improving access to justice—equitable and fair justice—is increasingly the target for justice systems across the globe. Addressing access to justice cannot be done without acknowledging the disparate barriers …

American Judicial Rejectionism And The Domestic Court’S Undermining Of International Human Rights Law And Policy After Human Right Violations Have Occurred In The State, Jessika L. Gonzalez

Washington International Law Journal

Ahmaud Arbery, Breonna Taylor, and George Floyd’s executions ignited protests across the world. These protests raised debate over the United States Supreme Court’s creation of qualified immunity for police misconduct. This in turn creates an appropriate opportunity to stop and take stock of United States law surrounding protections and immunities afforded to law enforcement officials, relative to international law and policy on law enforcement accountability and oversight. In doing so, this article uncovers how the American judiciary carries out a new form of American rejectionism powered by its use of qualified immunity doctrine, which in practice, results in a lack …

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Washington International Law Journal

Video of George Floyd’s death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d’être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

An International Legal Consideration Of The Issues On Lethal Autonomous Weapons Systems Including Nanomachine: A Perspective Of International Law Studies In Japan, Hiroshi Saito

Japanese Society and Culture

This paper aims to explore the legal issues on the use of Lethal Autonomous Weapons Systems (LAWS). This study is based on the recent research trend in Japan regarding studying the relationships between the international humanitarian law and the international law of human rights. The paper seeks to apply the integration theory to the relationship of both laws. As a result, this idea can pave the way for suppressing the usage of LAWS in future armed conflicts. Since the use of LAWS may lead to immense injury to fundamental human rights, it is necessary to adopt the integration theory to …

The Rights Of Refugees Under International Law, James C. Hathaway

Book Chapters

The universal rights of refugees are today derived from two primary sources - general standards of international human rights law, and the Refugee Convention itself. As the analysis in Chapter 1 makes clear, the obligations derived from the Refugee Convention remain highly relevant, despite the development since 1951 of a broad-ranging system of international human rights law. In particular, general human rights norms do not address many refugee-specific concerns; general economic rights are defined as duties of progressive implementation and may legitimately be denied to non-citizens by less developed countries; not all civil rights are guaranteed to non-citizens, and most …