Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (5724)
- Human Rights Law (4939)
- International Trade Law (2869)
- International Humanitarian Law (2488)
- Environmental Law (2428)
-
- Criminal Law (2242)
- Military, War, and Peace (2050)
- Social and Behavioral Sciences (1984)
- Constitutional Law (1744)
- Commercial Law (1519)
- Transnational Law (1401)
- Law and Society (1362)
- Law and Politics (1351)
- Law of the Sea (1205)
- Courts (1158)
- Dispute Resolution and Arbitration (1152)
- Intellectual Property Law (1147)
- Jurisprudence (1108)
- Political Science (1076)
- Law and Economics (1064)
- Natural Resources Law (980)
- Administrative Law (943)
- Water Law (900)
- Legal History (890)
- Jurisdiction (884)
- Health Law and Policy (883)
- International and Area Studies (880)
- Public Affairs, Public Policy and Public Administration (870)
- Institution
-
- American University Washington College of Law (2866)
- Case Western Reserve University School of Law (2050)
- Fordham Law School (1474)
- University of Georgia School of Law (1166)
- Southern Methodist University (1150)
-
- Maurer School of Law: Indiana University (1074)
- University of Michigan Law School (995)
- UC Law SF (952)
- Yeshiva University, Cardozo School of Law (900)
- Nova Southeastern University (879)
- U.S. Naval War College (874)
- Penn State Dickinson Law (776)
- Vanderbilt University Law School (731)
- University of Miami Law School (722)
- Universitas Indonesia (631)
- Northwestern Pritzker School of Law (624)
- University of Denver (581)
- Columbia Law School (571)
- University of the Pacific (567)
- University of Maryland Francis King Carey School of Law (554)
- Notre Dame Law School (436)
- University of North Carolina School of Law (427)
- Syracuse University (378)
- University of San Diego (372)
- BLR (368)
- Loyola University Chicago, School of Law (360)
- University of New Mexico (344)
- William & Mary Law School (342)
- Pace University (341)
- Seattle University School of Law (338)
- Keyword
-
- International law (2524)
- International Law (1947)
- Human rights (1492)
- United Nations (659)
- Law of Armed Conflict (656)
-
- Treaties (549)
- Law (484)
- United States (478)
- Environmental law (392)
- Accountability (374)
- Human Rights Law (371)
- Terrorism (363)
- China (353)
- Globalization (336)
- Jurisdiction (318)
- International Criminal Court (316)
- Use of Force (304)
- European Union (298)
- Sovereignty (295)
- Human Rights (284)
- Climate change (274)
- Operational Law (274)
- IFC (273)
- CAO (261)
- International (261)
- World bank (261)
- Law of the Sea (250)
- International Court of Justice (223)
- International criminal law (221)
- International trade (220)
- Publication Year
- Publication
-
- Case Western Reserve Journal of International Law (1554)
- Fordham International Law Journal (1304)
- Faculty Scholarship (1136)
- American University International Law Review (1014)
- UC Law SF International Law Review (890)
-
- Georgia Journal of International & Comparative Law (874)
- International Law Studies (874)
- ILSA Journal of International & Comparative Law (868)
- Law and Business Review of the Americas (660)
- Vanderbilt Journal of Transnational Law (641)
- Indiana Journal of Global Legal Studies (603)
- Human Rights & Human Welfare (547)
- Global Business & Development Law Journal (501)
- Northwestern Journal of International Law & Business (453)
- Human Rights Brief (449)
- North Carolina Journal of International Law (427)
- Sustainable Development Law & Policy (413)
- Faculty Publications (405)
- Maryland Journal of International Law (404)
- University of Miami Inter-American Law Review (401)
- Penn State International Law Review (1982 - 2011) (392)
- Michigan Journal of International Law (390)
- Syracuse Journal of International Law and Commerce (376)
- ExpressO (358)
- San Diego International Law Journal (351)
- Scholarly Articles in Law Reviews & Journals (349)
- Articles (343)
- Scholarly Works (323)
- Penn State Journal of Law & International Affairs (2012 - Present) (312)
- Indonesian Journal of International Law (291)
- Publication Type
- File Type
Articles 5641 - 5670 of 31978
Full-Text Articles in International Law
The Lesson Learned From The Taricco Saga: Judicial Nationalism And The Constitutional Review Of E.U. Law, Gino Scaccia
The Lesson Learned From The Taricco Saga: Judicial Nationalism And The Constitutional Review Of E.U. Law, Gino Scaccia
American University International Law Review
No abstract provided.
Water Law Be Dammed?: How Dam Construction By Non-Hegemonic Basin States Places Strain On The Customary Law Of Transboundary Watercourses, David Goad
American University International Law Review
No abstract provided.
Burning Down The House: Do Brazil’S Forest Management Policies Violate The No-Harm Rule Under The Cbd And Customary International Law?, Ruslan Klafehn
Burning Down The House: Do Brazil’S Forest Management Policies Violate The No-Harm Rule Under The Cbd And Customary International Law?, Ruslan Klafehn
American University International Law Review
No abstract provided.
Global Legal Constraints: How The International System Fails Small-Scale Farmers And Agricultural Biodiversity, Harming Human And Planetary Health, And What To Do About It, Susan H. Bragdon
American University International Law Review
No abstract provided.
From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb
From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb
American University International Law Review
No abstract provided.
Lecture: Challenges To The Protection Of Human Rights Today, Michelle Bachelet
Lecture: Challenges To The Protection Of Human Rights Today, Michelle Bachelet
American University International Law Review
No abstract provided.
Child-Friendly Justice Behind Bars: A Comparative Analysis Of The Protection Mechanisms Of The Rights Of Arrested Children In The Practice Of The Working Group On Arbitrary Detention And Of The European And Inter-American Courts Of Human Rights, Áquila Mazzinghy
American University International Law Review
No abstract provided.
Enchanted By The Tools? An Enlightenment Perspective, Martti Koskenniemi
Enchanted By The Tools? An Enlightenment Perspective, Martti Koskenniemi
American University International Law Review
No abstract provided.
Eighteen Years Of Detention At Guantánamo Bay: Compliance With International Law Or The Specter Of Tyranny?, Dru Brenner-Beck
Eighteen Years Of Detention At Guantánamo Bay: Compliance With International Law Or The Specter Of Tyranny?, Dru Brenner-Beck
American University International Law Review
No abstract provided.
Revisiting The Pledge By The U.K. Regarding The “Five Techniques”, William T. Worster
Revisiting The Pledge By The U.K. Regarding The “Five Techniques”, William T. Worster
American University International Law Review
No abstract provided.
Slaying The Leviathan: How Inconsistent Restrictions On State Immunity Undermine The Rule Of Law, Bailey Roe
Slaying The Leviathan: How Inconsistent Restrictions On State Immunity Undermine The Rule Of Law, Bailey Roe
American University International Law Review
No abstract provided.
Solving The Emerging Technology And National Security Conundrum, Shabbir Hamid
Solving The Emerging Technology And National Security Conundrum, Shabbir Hamid
Upper Level Writing Requirement Research Papers
No abstract provided.
The Complexities Of Democracy, Development, And Human Rights In China's Belt And Road Initiative, Diane A. Desierto
The Complexities Of Democracy, Development, And Human Rights In China's Belt And Road Initiative, Diane A. Desierto
Connecticut Journal of International Law
China's Belt and Road Initiative (BRI)—a dense network of China-funded multi-year infrastructure projects in over 65 countries from the Western Pacific to the Baltic Sea, collectively aiming to establish China's strategic "Maritime Belt" and "Silk Road" connectivity using an estimated range of USD$1 Trillion to USD$8 Trillion—is as unprecedented phenomenon in sovereign project financing and bilateral investment lending, since the United States' grant of USD $800 Billion for the Marshall Plan was for Europe’s post World War II reconstruction. The scale, scope, and terms of BRI projects remain shrouded in relative opacity, with China as of this writing only incrementally …
Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos, Tomás Pascual Ricke
Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos, Tomás Pascual Ricke
American University International Law Review
No abstract provided.
The View From Syria: In War On Terrorism, Humanitarian Law Takes Back Seat, Roy Gutman
The View From Syria: In War On Terrorism, Humanitarian Law Takes Back Seat, Roy Gutman
Case Western Reserve Journal of International Law
"The theme of this conference is atrocity prevention, and the unstated major premise is that something has gone wrong in international life. Having reported or edited international news for half a century and focused on humanitarian law for 25 years, I will offer my reality check. Michael Scharf’s program note speaks of the world hitting a low point in the amelioration of human suffering in conflict. My observation is that he is right. In attending this conference, you are way ahead of the general public, way ahead of our political class. Humanitarian law after making broad advances at the turn …
Foreword: Atrocity Prevention: The Role Of International Law And Justice, Amb. Todd F. Buchwald, Jody M. Aremband
Foreword: Atrocity Prevention: The Role Of International Law And Justice, Amb. Todd F. Buchwald, Jody M. Aremband
Case Western Reserve Journal of International Law
"The issue of atrocity prevention has taken something of a beating in the last few years, a victim perhaps of the transactional approach to security and other foreign policy issues that seem to be engulfing us. Yet this is an issue that cannot go away. Its staying power is a testament to its deep moral roots. The horrors of the Holocaust and the knowledge of the capacity of man for cruelty to his fellow man will haunt the world forever. The experience of our modern history– in Yugoslavia, Rwanda, Sudan, South Sudan, the Central African Republic and elsewhere – leave …
Questioning Unlimited Veto Use In Face Of Atrocity Crimes, Jennifer Trahan
Questioning Unlimited Veto Use In Face Of Atrocity Crimes, Jennifer Trahan
Case Western Reserve Journal of International Law
"This article discusses the need to re-visit—based on existing legal obligations—the problem of veto use by the permanent members of the UN Security Council while there are ongoing atrocity crimes (genocide, crimes against humanity, and/or war crimes). Specifically, the article— which previews the arguments in my forthcoming book—raises the question of whether all such veto use is consistent with international law."
Documentation For Accountability, Jessica C. Levy, Paul R. Williams
Documentation For Accountability, Jessica C. Levy, Paul R. Williams
Case Western Reserve Journal of International Law
" In armed conflicts across the globe, it is imperative that war crimes, crimes against humanity, genocide, and other violations of international humanitarian law are effectively documented. Providing such documentation to judicial mechanisms can be critical for efforts to hold those who commit atrocities accountable. 72 Given the delays that routinely plague efforts to secure justice, it is important that the crimes are documented and that the evidence is ready for use in prosecutions when they emerge. Fortunately, the number of civil society actors engaged in documentation projects is growing rapidly, and technological innovations are beginning to emerge to assist …
Family Ties: The European Court Of Human Rights' Protection Of The Family And Its Impact In Future Litigation, Rebecca J. Cambron
Family Ties: The European Court Of Human Rights' Protection Of The Family And Its Impact In Future Litigation, Rebecca J. Cambron
Case Western Reserve Journal of International Law
With family as the foundation for much of modern society’s structure, the European Union included familial and parental rights when protecting individuals from unwarranted government influence through the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights’s recent interpretation of the protection, however, in the case of Wunderlich v. Germany demonstrates a concerning shift in the Court’s jurisprudence. This Comment analyzes the shift occurring within the Court’s jurisprudence with respect to the protection of the family and parental rights regarding education, exploring the Court’s arch away from the foundational principles behind the …
A Program For The Next Icc Prosecutor, Alex Whiting
A Program For The Next Icc Prosecutor, Alex Whiting
Case Western Reserve Journal of International Law
"As the International Criminal Court (ICC) begins the process of selecting the next Prosecutor, it finds itself at a critical moment. Few people believe that the institution has lived up to expectations. The court has brought relatively few cases, and many have not succeeded.2 While convictions were achieved in the Lubanga, Ntaganda, Katanga, and Al Mahdi cases, as well as in the obstruction of justice cases arising out of the Bemba prosecution, many other cases failed at the confirmation stage, during or after trial, or on appeal.3 he future looks grim. Presently, there is just one case at trial (Ongwen) …
Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke
Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke
Case Western Reserve Journal of International Law
In June 2018, then Attorney General Jeff Sessions issued Matter of A-B-. This decision vacated the holding of the 2014 Board of Immigration Appeals decision, Matter of A-R-C-G-. In A-R-C-G-, the adjudicator held that, depending on the specific facts of the case, “married women in Guatemala who are unable to leave their relationship” constitutes a particular social group. Membership in a particular social group is one of five ways to qualify for asylum in the United States. Membership is based on a fact specific analysis conducted by an immigration adjudicator. Sessions’s decision to vacate Matter of A-R-C-G- had a devastating …
Social Media Platforms In International Criminal Investigations, Rebecca J. Hamilton
Social Media Platforms In International Criminal Investigations, Rebecca J. Hamilton
Case Western Reserve Journal of International Law
"YouTube’s tagline is “Broadcast Yourself.”64 People around the world have taken up the invitation, including people whose lives are being lived out in conflict zones. Proponents of international criminal justice have seized upon the resulting material for its evidentiary value, and we are seeing the field of international criminal investigations in the midst of a major transformation as a consequence. There has been plenty of commentary about this transformation in terms of the challenges and opportunities that the evidence itself brings. But less attention has been given to what these technology-driven developments have done to expand the range of actors …
The Path Forward For The International Criminal Court: Questions Searching For Answers, Amb. Todd F. Buchwald
The Path Forward For The International Criminal Court: Questions Searching For Answers, Amb. Todd F. Buchwald
Case Western Reserve Journal of International Law
"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic. This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.2 An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …
Social Media: A Good Alternative, For Alternative Service Of Process, Emily Davis
Social Media: A Good Alternative, For Alternative Service Of Process, Emily Davis
Case Western Reserve Journal of International Law
A cost efficient and effective means of alternative service of process in civil and commercial cases upon both domestic and international defendants lies in social media. Traditional methods of service of process are preferred, but are not always practicable. When a defendant cannot be reached through traditional methods, judges should use their discretion and allow alternative service by social media in appropriate cases. Current methods of alternative service, such as publication, are not efficient or effective. By allowing alternative service of process via social media in certain cases, the defendant is much more likely to receive actual notice in a …
Talking Foreign Policy: April 24, 2019 Broadcast: "Untangling The Yemen Crisis", Tfp Panel
Talking Foreign Policy: April 24, 2019 Broadcast: "Untangling The Yemen Crisis", Tfp Panel
Case Western Reserve Journal of International Law
"According to a recent UN report, the war in Yemen has become the worst humanitarian crisis on the planet. Welcome to Talking Foreign Policy. I’m your host Michael Scharf, [co-]Dean of Case Western Reserve University School of Law. In this broadcast our expert panelists will be discussing the history of the Yemen conflict, the challenges to resolving it, and the prospects for achieving accountability for the war crimes that have been committed there. Joining us for the second segment today, as soon as his cab arrives, is Dr. Paul Williams,3 the President of the Public International Law and Policy Group, …
Introducing Private-Property Rights To Cuba: How Cuba's New Constitution Paves The Way For Economic Growth, Renee Monzon
Introducing Private-Property Rights To Cuba: How Cuba's New Constitution Paves The Way For Economic Growth, Renee Monzon
Case Western Reserve Journal of International Law
On February 24, 2019, Cuba adopted a new Constitution.1 The new Constitution formally recognizes private-property ownership. From the beginning of Socialism’s impact on Cuba, private-property ownership had been legally abolished until Fidel Castro stepped down from power in 2008.2 This new Constitution shows a departure from the socialist grasp on the economy. Cuba likely recognizes that private-property ownership is fundamental to economic growth in capitalist countries and now seeks to benefit from the growth that accompanies a system of private-property rights. Cuba is not the first socialist country to embark on a process of property privatization. This paper will look …
The Time For Judgment Has Arrived: The Zivotofsky V. Clinton Effect On The Political Question Doctrine's Application To The War Powers Resolution, Shannon M. Doughty
The Time For Judgment Has Arrived: The Zivotofsky V. Clinton Effect On The Political Question Doctrine's Application To The War Powers Resolution, Shannon M. Doughty
Case Western Reserve Journal of International Law
The War Powers Resolution was enacted to serve as a congressional restraint on the President’s power to engage in Military Action. Since then, Congress and the President have disagreed over the enforcement and constitutionality of the statute. Nonetheless, courts have dismissed cases regarding the War Powers Resolution claiming it is of a solely political nature i.e. a political question. The Judiciary traditionally apply the political question doctrine to issues regarding foreign affairs and, in effect, avoided hearing cases regarding the specifics of the war powers pertaining to Executive and Congress. This lack of judicial determination has resulted in the and …
Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb
Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb
Case Western Reserve Journal of International Law
"The article begins with a brief overview of the contemporary international criminal law regime governing attacks against cultural heritage. It continues by identifying the main legal gaps as well as additional considerations that support the introduction of a distinct crime against humanity in the Draft Convention’s list of crime. The article then defines the proposed new crime and analyzes the crime’s elements including a definition of cultural heritage for the purpose of the Draft Convention."
The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh
The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh
Case Western Reserve Journal of International Law
"It is submitted that, if the General Assembly takes forward the ILC’s draft text to conclude a new crimes against humanity treaty after the second reading, this will make a significant contribution to the development of modern international criminal law."
"Balancing" Free Expression And Religious Feelings In E.S. V. Austria: Blasphemy By Any Other Name?, John G. Wrench
"Balancing" Free Expression And Religious Feelings In E.S. V. Austria: Blasphemy By Any Other Name?, John G. Wrench
Case Western Reserve Journal of International Law
The European Court of Human Rights’ 2018 decision in E.S. v. Austria upheld an Austrian court’s conviction based on “disparaging religious doctrine.” The Court took this opportunity to reaffirm problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU’s modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court’s struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court’s recent decision, and suggests future paths to recalibrate the Court’s approach …