International Law Commons^™

Gone Girls: Exploring The Systematic Misunderstanding Of Women In Isis And Resulting International Security Concerns, Evan Colleen Jones

Loyola University Chicago International Law Review

No abstract provided.

Water Insecurity And Climate Change As Emerging Human Migration Pressures, Michael Tiboris

Loyola University Chicago International Law Review

No abstract provided.

The Profitability Of Ending The Marital Rape Exception: Ugandan Societal Norms Impeding Women's Right To Say No, Ali Roberson

Loyola University Chicago International Law Review

No abstract provided.

The 2020 Philip C. Jessup International Law Moot Court Competition- Memorial For Respondent

ILSA Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Data Privacy Impacted By Covid-19 Contact Tracing In The European Union, The United States, And Israel: Sacrificing Civil Liberties For A Public Health Emergency, Rachel L. Trotogott

ILSA Journal of International & Comparative Law

No abstract provided.

Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness

The International Lawyer

The new law and the corresponding OMB and key foreign aid agencies' guidelines require providers to follow best practices in the monitoring and evaluation (M&E) of U.S government (USG) foreign aid.2 A recent study conducted by the U.S. Government Accountability Office across the key USG foreign aid agencies identified a number of areas that needed improvement in the design, implementation, conclusions, and dissemination of foreign assistance evaluations.3 FATAA and the relevant guidelines will require providers to address those areas and focus their reporting requirements on tangible outcomes and the impact of their programming. In recent years, federal agencies have placed …

Front Matter

The International Lawyer

No abstract provided.

Eu Action Plan Against Disinformation: Public Authorities, Platforms And The People

The International Lawyer

In democracies, people (demos in Greek) hold the power (kratos in Greek). When people elect their representatives from a number of candidates, such power is temporarily transferred to their elected representatives. Thus, the quintessence of democracy is a system of trust and accountability. Such power is returned to the people every time elections are held and people periodically evaluate their representatives and hold them accountable for their actions and omissions. If people are not satisfied with their representatives, they can always replace them with their competitors.

For democracy to function in a proper manner, it is important that people are …

Globalization Of Anglo-American Common Law Vs. Strong Nation State: Evidence From The Use Of Legal Counsel In Cross-Border Business Transactions Involving China, Jing Li

The International Lawyer

No abstract provided.

International Governance Of Cryptoassets: Whether, Why, What And Who?, Gary Marchant, Jalaj Jain, Oluwasegun Muse, Sayan Chandra

The International Lawyer

No abstract provided.

Addressing Complications In The International Tax Regime Resulting From The Digitalization Of The Economy, Nolan Mccarthy

The International Lawyer

No abstract provided.

Front Matter, Vol. 52 (2020)

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, 52 (2020)

Case Western Reserve Journal of International Law

No abstract provided.

Codifying The Obligations Of States Relating To The Prevention Of Atrocities, Sean D. Murphy

Case Western Reserve Journal of International Law

Keynote Speech, “Codifying the Obligations of States Relating to the Prevention of Atrocities.”

..."my focus is on international obligations embedded in major multilateral treaties that address the issue of prevention, either expressly or implicitly. In doing so, I will attempt to connect the past to the present, so as to highlight six obligations of States relating to prevention that the Commission deemed essential for inclusion in its 2019 CAH Articles."

Innovating To Restrain The Use Of The Veto In The United Nations Security Council, Amb. Christian Wenaweser, Sina Alavi

Case Western Reserve Journal of International Law

"Below we outline two innovations – one already implemented, and the other in the process of being officially presented to the UN membership – that have the potential to help restrain the [mis]use of the veto by permanent members of the Security Council. They both acknowledge the existence of the veto, and rather than aiming for its abolition they aim to bring its use more in line with the intentions of the drafters of the UN Charter."

(Code of Conduct (Security Council action on genocide, crimes against humanity, and war crimes) and General Assembly action when the veto is (mis-)used)

The Security Council Veto In The Context Of Atrocity Crimes, Uniting For Peace And The Responsbility To Protect, Ved P. Nanda

Case Western Reserve Journal of International Law

"After Russia’s thirteen vetoes and seven by China to shield the Syrian regime from any action, it seems reasonable to ask the question: In light of the findings of several U.N. reports, as well as reports from credible human rights organizations, that Syrian military and security forces have continued to commit atrocity crimes ever since the onset of the Syrian crisis, is it not prudent to explore the measures to protect innocent men, women, and children from such flagrant violations of human rights?"

Crime As Cognitive Constraint: Facebook's Role In Myanmar's Incitement Landscape And The Promise Of International Tort Liability, Jenny Domino

Case Western Reserve Journal of International Law

"Is Facebook’s role in the spread of incitement in Myanmar criminal? In 2018, the United Nations Independent International Fact-Finding Mission on Myanmar (FFM) described Facebook’s “significant role” in the spread of incitement to discrimination and violence against Myanmar’s Rohingya Muslims.2 Although the FFM described in detail the speakers’ responsibility for the Facebook posts, the precise nature of Facebook’s responsibility in moderating (or failing to moderate) harmful content was unclear."

Section 230 And The Duty To Prevent Mass Atrocities, David Sloss

Case Western Reserve Journal of International Law

"Of course, any proposal to create a statutory exception to section 230 immunity raises a set of complex questions about the proper scope of such an exception. This article identifies the key issues that would need to be resolved if Congress decided to create an exception along these lines. The remainder of this article consists of three parts. The first part explains why removal of immunity from civil liability is an appropriate mechanism to help prevent use of social media to incite or induce commission of mass atrocity crimes. The second part contends that the exception to section 230 immunity …

Irregular Forces, Irregular Enforcement: Making Peace Agreements In Non-International Armed Conflicts Durable, Margaux J. Day, Eian Katz

Case Western Reserve Journal of International Law

"The legal status of NIAC peace agreements is a matter that remains unresolved. While it is clear that AOGs may attain international legal personality in some contexts, authoritative sources of interpretation have not reached a consensus with respect to their capacity to create contracts. In Part I, this Article reviewed the controversy over AOG treaty-making power and the split within the courts on the issue. In Part II, it illustrated the many different areas of international law under which AOGs are held to possess legal personality, suggesting that they could be able to accede to binding treaties. Part III showed …

Too Few Trials, Too Many Tribulations: The Icc's Terrible Year And Where To Go From Here, Elizabeth Evenson

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.1 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.

An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Dr. Paul R. Williams

Case Western Reserve Journal of International Law

Klatsky Endowed Lecture on Human Rights by Dr. Paul R. Williams

"Thank you to Case Western Reserve University School of Law, and in particular Dean Michael Scharf, for providing me with the privilege of delivering the Klatsky Endowed Lecture on Human Rights. Thank you, Milena Sterio, for your wonderful introduction. It is my honor to receive the Cox International Law Center’s Humanitarian Award for Advancing Global Justice and join the inspiring array of international law scholars and practitioners who have received it in years prior. I am also pleased to have the opportunity to speak today to such an engaged …

Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham

Case Western Reserve Journal of International Law

"This article will discuss whether the responsible parties for starvation in Yemen can be prosecuted under international criminal law (ICL) or international humanitarian law (IHL) for war crimes or crimes against humanity (CAH)."

Disinheriting Your Children: A "Non" "Non" In France, An Accepted Use Of Testimentary Freedom In America, Eva Saulnier

Case Western Reserve Journal of International Law

Inheritance law or—as called in Europe—private law was developed in the shadow of different historical, social, cultural, and economic circumstances. Consequently, countries adopted various characteristics for the disposition of property at death. But with today’s growing globalization, the national regulations’ differences are becoming a growing issue for multinational families.

This Note examines cross-border inheritance through the lens of a current multinational inheritance battle. The late French singer Johnny Hallyday’s testamentary documents disinheriting his two eldest children and asking for Californian law to be applied to his estate is currently being challenged. While freedom of testation and the testator’s intent are …

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Case Western Reserve Journal of International Law

"The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC’s future may be bright if the court makes significant changes in the present." (Conclusion, p. 478)

Talking Foreign Policy: October 1, 2019 Broadcast: "The Rohingya Genocide", Tfp Panel

Case Western Reserve Journal of International Law

"According to a recent UN report, Facebook bears responsibility for the worst humanitarian disaster on the planet – the mass attacks against the Rohingya people of Burma. 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 help us understand the Rohingya crisis, the role of Facebook, and the prospects for achieving accountability for the international crimes that have been committed against the Rohingya people in Burma."

Elusive Justice: Reflections On The Tenth Anniversary Of Afghanistan's Law On Elimination Of Violence Against Women, Mehdi J. Hakimi

Northwestern Journal of Human Rights

The Taliban’s fall in 2001 elevated hopes for improving the plight of women and girls in Afghanistan. Those aspirations were bolstered with the promulgation of the country’s landmark Law on the Elimination of Violence against Women (EVAW) in 2009. The tenth anniversary of Afghanistan’s EVAW Law, however, offers little cause for celebration. This essay examines Afghanistan’s legal framework on combating gender-based violence against women, and the mounting challenges on the ground. The ongoing rampant violence against women, pervasive use of mediation in criminal cases, and violations perpetrated by State agents have made Afghan women’s quest for justice increasingly more elusive. …

Paradox Of Hierarchy And Conflicts Of Values: International Law, Human Rights, And Global Governance, Jootaek Lee

Northwestern Journal of Human Rights

In an international society, hierarchies are set up differently among different countries and societies based on different values, which are naturally conflicting and colliding with each other and result in unstable conditions. Is hierarchy really necessary in an international society? Does more hierarchical order in international society mean more peace? Do we need a supranational organization like the European Union whose laws can pierce state sovereignty and bind citizens of each member state? Does the United Nations need to be reformed to create an effective hierarchy, which will give international society more peace, security, and protection of human rights? This …

Chasing The Fruits Of Misery: Confronting The Historical Relationships Between Opioid Revenues, Offshore Financial Centers, And International Regulatory Networks, Stephen C. Wilks

Northwestern Journal of International Law & Business

As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. …

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes

Northwestern Journal of International Law & Business

Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how …

The Restatements And The Rule Of Law, Kristina Daugirdas

Book Chapters

This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the …