International Law Commons^™

Una Norma Legal Por La Reforma Agraria Poscolonial, Amelia Chizwala Peterson

Sustainable Development Law & Policy

No abstract provided.

Colaboración Y La Ecologia De La Democracia, Daniel Kemmis, Matthew Mckinney

Sustainable Development Law & Policy

No abstract provided.

Crisis Del Agua En La Cuenca De Murray-Darling: Australia Intenta Equilibrar La Necesidad Agricola Con La Realidad Ambiental, Joshua Axelrod

Sustainable Development Law & Policy

No abstract provided.

Los Recursos Naturales De Alto Valor: ¿Una Bendición O Una Maldición Para La Paz?, Päivi Lujala, Siri Aas Rustad

Sustainable Development Law & Policy

No abstract provided.

Dejarles En Bancarrota A Los Saqueadores De Paz: ¿Cuál Es El Rol De Las Fuerzas De Paz De La Onu?, Philippe Le Billon

Sustainable Development Law & Policy

No abstract provided.

Nota Del Los Editores, Veronica Kennedy, Jocelyn Rivera

Sustainable Development Law & Policy

No abstract provided.

Faculty Profiles, David Newman

Sustainable Development Law & Policy

No abstract provided.

Coral Reefs In The Philippines, Maggie Parks

Sustainable Development Law & Policy

No abstract provided.

Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

2001 Supreme Court Redux, Mary Stevens

Sustainable Development Law & Policy

No abstract provided.

Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

Implementing Kyoto, Glenn Wiser

Sustainable Development Law & Policy

No abstract provided.

The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, Eric Talbot Jensen

International Law Studies

One of the most intriguing and important discussions in international law is the potential impact of emerging technologies on the law of armed conflict (LOAC), including weapons that incorporate machine learning and/or artificial intelligence. Because one of the likely characteristics of these advanced weapons would be the ability to make decisions implicating life and death on the battlefield, these discussions have highlighted a fundamental question concerning the LOAC: Does the law regulating armed conflict require human input in selecting and engaging targets or can that decision be made without human input? This article analyzes views expressed by scholars and NGOs, …

The Evolution Of Offshore: From Tax Havens To Ifcs, Andrew P. Morriss, Charlotte Ku

Faculty Scholarship

Over the past 70 years, many smaller jurisdictions have evolved intro international financial centres (IFCs). Although different in their historic origins and in the financial products and services they offer, IFCs share a common development path. Understanding that evolution can shed light on what the next decade is likely to bring.

Artistic Justice: How The Executive Branch Can Facilitate Nazi-Looted Art Restitution, Paige Tenkhoff

Vanderbilt Law Review

Eight decades after the Holocaust, many pieces of art stolen from Jewish families still sit in the state-owned museums of former Nazi-aligned regimes. In an effort to right old wrongs, plaintiffs are bringing suit in the United States against the foreign governments who retain the art under the Foreign Sovereign Immunity Act’s expropriation exception, which permits aggrieved plaintiffs to sue foreign countries for property that was illegally taken in violation of international law. But circuit courts are split as to whether these suits against foreign sovereigns should be allowed to go forward. This Note analyzes the divergent interpretations of the …

A Call For An International Governance Framework For Human Germline Gene Editing, Melanie Hess

Notre Dame Law Review

This Note will argue that human germline editing ought to be subject to a worldwide regulatory initiative contained in an international governance framework. It will touch on the justifications for the call for this agreed upon framework and discuss the current state of regulation of human germline editing, including norms and principles promulgated by international instruments and important statements on the topic. Finally, it will propose suggestions for the substance that an international governance framework should include and acknowledge the challenges in implementing such a framework.

The International Law Of Rabble Rousing, Asaf Lubin, Hendrick Townley

Articles by Maurer Faculty

This Essay offers an account of rabble-rousing, a novel information warfare operation worthy of its own classification, and explores the extent to which contemporary international law and available technologies are capable of addressing the threat that this tactic poses to public world order.

This Essay proceeds as follows. Part I provides a definition of rabblerousing strategies, highlighting the ways by which they are uniquely defined from other forms of information warfare. It then proceeds to highlight the dangers associated with the practice.

Part II moves to examine whether rabble-rousing can be recognized as an internationally wrongful act under the traditional …

A Review Of Sierra Leone’S Mines And Minerals Act, Tehtena Mebratu-Tsegaye, Perrine Toledano, Sophie Thomashausen

Columbia Center on Sustainable Investment Staff Publications

With the support of Oxfam, the Columbia Center on Sustainable Investment reviewed select provisions in the Mines and Minerals Act 2009 and corresponding policy statements from the Minerals Policy 2018 to provide recommendations for how to best align the anticipated new mining law with international best practice. The 2009 law was reviewed with a focus on the following topics:

• Fiscal regime;
• Climate change;
• Access to and use of land;
• Community consultations and participation;
• Human rights; and
• Community development agreements.

The policy brief aims to support the Government of Sierra Leone in the ongoing law reform process.

Collective Criminality And Sexual Violence: Fixing A Failed Approach, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

International criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of …

In Whose Best Interests? Regulating Financial Advisers, The Royal Commission, And The Dilemma Of Reform, Han-Wei Liu, Toan Le, Weiping He, Michael Duffy

Research Collection Yong Pung How School Of Law

Following the Future of Financial Advice reforms, the ‘suitability’ and ‘appropriateness’ focus for financial advice has been relocated and supplemented by a ‘best interests’ focus in s 961B of the Corporations Act 2001 (Cth). Yet, as the Australian Government’s Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has pointed out, structural issues may often work against best interests being paramount. Further, moves to make the statutory obligation replicate a fiduciary obligation have been resisted in the consultative process that developed s 961B and related obligation sections and any replication is far from clear. Another key issue …

Why The Territorial Dispute Between Japan And China Cannot Be Resolved, Hiroshi Saito

Japanese Society and Culture

This essay aims to suggest that the different idea of war would be a legal ground of each one on the territorial dispute between two States. There are three different time stages for the idea about war. The first stage is “the present time” which the developed states including Japan belong to and armed forces cannot be used to resolve international problems. The second is” the past time” especially time before the World War Two in which some developing states including China use armed forces to international conflicts. The third is “the ancient time” in which dictatorial or collapsed states …

The Characterization Of Pre-Insolvency Proceedings In Private International Law, Adrian Walters, Irit Mevorach

All Faculty Scholarship

The decade since the fnancial crisis has witnessed a proliferation of various ‘light touch’ fnancial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency and restructuring law, somewhere between a pure contractual workout, the domain of contract law, and a formal insolvency or rehabilitation proceeding, the domain of insolvency law. While, to date, international insolvency instruments have tended to defne insolvency proceedings quite expansively, discussion of the cross-border implications of pre-insolvency proceedings has barely begun. The question is whether pre-insolvency proceedings should qualify as proceedings related to insolvency for the …

Constructive Dialogue: Beps And The Tcja, Reuven S. Avi-Yonah

Law & Economics Working Papers

US international tax law is commonly conceived as developed in the US and influencing the development of other countries' international tax law. This paper will argue that in the case of the TCJA, the US legislation was heavily influenced by the OECD BEPS project, and that the continuing OECD work in Pillars I and II is likely to have a similar influence on the future development of US international tax law.

Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley

Georgia Journal of International & Comparative Law

No abstract provided.

First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle

Georgia Journal of International & Comparative Law

No abstract provided.

Globalists And The Corruption Of Sources, Amy Baker Benjamin

Georgia Journal of International & Comparative Law

No abstract provided.

The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Vol. 48, Iss. 1, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller

International Law Studies

The United States has reportedly been debating whether to "react to some nuclear or missile test with a targeted strike against a North Korean facility to bloody Pyongyang’s nose and illustrate the high price the regime could pay for its behavior." This article asks a simple question: would such a “bloody nose strike” (BNS) violate the jus ad bellum?

Providing a coherent answer is complicated by the lack of clarity surrounding the United States’ planning. In particular, the U.S. government has not specified what kind of provocation it believes would justify launching a BNS, has not identified precisely what …

Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova

University of Miami International and Comparative Law Review

This article follows the Pussy Riot case from the 2012 trial decision to the 2018 challenge before the European Court of Human Rights (ECtHR). The case revolved around the “punk prayer” performed by three women in Christ the Saviour Cathedral in Moscow. While the case, which centered on violation of freedom of expression, may be framed as a matter of political speech vs. religious speech, it has broader implications. Pussy Riot’s performance and subsequent legal cases were about the ability of pluralism and dissent to counter the carefully constructed government narrative of “traditional values” and moral sovereignty. For democracy to …