International Law Commons^™

Human Rights Movements In The Middle East: Global Norms And Regional Particularities, Catherine Baylin Duryea

Faculty Publications

(Excerpt)

The Middle East is often portrayed as an outlier when it comes to human rights, but rights are an important part of the political, diplomatic, and social fabric of the region. This chapter summarises regional trends in human rights advocacy at both the international and domestic levels. Popular movements for independence, equality for women, and protections for workers have deep roots in the region. When the United Nations began to enshrine these values into law after World War II, representatives from the Middle East were at the centre of the debates. In the following two decades, human rights largely …

Corporations As Semi-States, Jay Butler

Faculty Publications

When Ebola came to West Africa in 2014, Liberia could not cope. The State’s already fragile public health infrastructure was largely ineffective in responding to the illness and preventing its spread. And, the World Health Organization’s support was slow and stilted. By contrast, Firestone, a tire company that operates a vast rubber plantation in Liberia and runs its own hospital for 80,000 employees, family dependents, and persons in neighboring localities, responded to the virus much more effectively.

This Article uses Firestone’s Ebola response as an entry point to study a phenomenon too frequently overlooked. Many for-profit firms that maintain operations …

What Is International Trade Law For?, Harlan G. Cohen

Faculty Scholarship

Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.

But what if …

Introduction To The Symposium On Julian Nyarko, “Giving The Treaty A Purpose: Comparing The Durability Of Treaties And Executive Agreements”, Harlan G. Cohen

Faculty Scholarship

Part of the symposium on Julian Nyarko, “Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements”

Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law, Susan Block-Lieb

Faculty Scholarship

Part I returns to the classic definition of hard international law initially put forward by Kenneth Abbott and Duncan Snidal and related IR scholars and analyzes existing commercial law treaties in light of this definition. It concludes that virtually none of these commercial law treaties constitute “hard” international law because nearly all commercial law treaties rely on national courts for enforcement. But Abbott and Snidal’s focus on the extent to which international law is legalized—and especially the extent to which it is enforced by international actors—may matter less with commercial than other more public international lawmaking. This is because the …

Attorney-Client Privilege & International Arbitration, Ibrahim Shehata

Cardozo Journal of Conflict Resolution

This article attempts to offer a new perspective to the existing debate concerning the applicable standard of attorney-client privilege in international commercial and investment arbitration. This article starts by analyzing the main convergences and divergences in the concept of attorney-client privilege across four national jurisdictions. In this regard, this article sheds light upon the divergence of opinions between international arbitration scholars in the literature and how international arbitration operates in practice. For instance, the standard of the "most-protective law," which most arbitration scholars vouch should be the right answer, is not actually the most featured standard in the published arbitral …

Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein

Cardozo Journal of Conflict Resolution

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the …

The New Singapore Mediation Convention: The Process And Key Choices, Hal Abramson

Cardozo Journal of Conflict Resolution

This article presents the backstory of the New Singapore Mediation Convention, which is really two stories: one on the multiparty negotiation process that produced the Convention and one on the substantive choices in the Convention. The two stories also illustrate the relationship between a well-designed process and result.

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts, James R. Coben

Cardozo Journal of Conflict Resolution

This chapter assesses the likely efficaciousness of the Singapore Mediation Convention based on nearly two decades experience of systematically tracking and studying mediation litigation in the U.S. federal and state courts.

The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma

Cardozo Journal of Conflict Resolution

No abstract provided.

Introduction, Hal Abramson

Cardozo Journal of Conflict Resolution

This Reference Book focuses on the new Singapore Mediation Convention for enforcing cross-border mediated settlement agreements. It is designed to deliver on its title-as a reference book. We hope that it will inform discussions as states contemplate ratifying the Singapore Convention and will aid users when interpreting the Convention.

The Role Of Empirical Research And Dispute System Design In Proposing And Developing International Treaties: A Case Study Of The Singapore Convention On Mediation, S. I. Strong

Cardozo Journal of Conflict Resolution

This Article seeks to provide insights into the "black box" of early treaty-making processes by undertaking a case study of the development of the United Nations Convention on International Settlement Agreements Resulting from Mediation, known colloquially as the Singapore Convention on Mediation (Singapore Convention). The discussion focuses on several issues that have seldom been addressed in the legal literature, including the way in which a proposal for an international treaty makes its way to the relevant decision-makers and how those decision-makers determine which of the various alternatives to pursue. The analysis also considers how interested individuals can assist the treaty-proposing …

Report On Empirical Study Of Business Users Regarding International Mediation And Enforcement Mechanisms, David S. Weiss, Michael R. Griffith

Cardozo Journal of Conflict Resolution

This report will proceed as follows. Part II describes the methodology of the IMI and NJCU IDR study in conjunction with analyzing the GPC Survey. Part III provides basic information of the demographics of the users, their sectors of business, and other pertinent data that can be useful for further academic scholarly review. Part IV analyzes the user's response to the surveys. Part V will analyze pertinent questions from the GPC Survey. Finally, Part VI provides concluding thoughts on the results of this report.

The responses to the survey questions will be provided if requested with personal identifying information removed …

What's In A Name? The Terms "Commercial" And "Mediation" In The Singapore Convention On Mediation, Ellen E. Deason

Cardozo Journal of Conflict Resolution

One could interpret Shakespeare's famous quote as standing for the proposition that labels do not alter the essence of the thing named. In this article I draw inspiration from the quote to provide a foil for examining the use of the terms "commercial" and "mediation" in the Singapore Convention and Mediation Model Law. I will consider how the terms are framed and defined, the extent to which the names and their associated meanings introduce new ideas, and how their use might matter for the interpretation of important concepts in these instruments. Part I of the article discusses the term "commercial" …

Recognition By Any Other Name: Article 3 Of The Singapore Convention On Mediation, Timothy Schnabel

Cardozo Journal of Conflict Resolution

The heart of the Singapore Convention is contained in its third article. Other parts of the treaty's text, such as Article 1 (addressing the scope of the Convention), consumed more hours of the negotiations, and Article 5 (addressing grounds for refusal) will likely be the focus of most of the eventual litigation regarding the Convention's application to particular disputes. Moreover, most of the Convention's fifteen other articles are longer and more detailed than Article 3. Yet only Article 3 imposes affirmative obligations on Parties to the Convention. All other articles merely play supporting roles, such as placing boundaries on the …

Singapore Convention Defences Based On Mediator's Misconduct: Articles 5.1(E) & (F), Michel Kallipetis

Cardozo Journal of Conflict Resolution

At the February 2019 ICC Mediation Competition in Paris, Damien Cote from Canada and David Lewis from New York moderated a "debate" on the Singapore Convention. One of the panellists launched into a full-scale attack on the Convention, in which he dismissed it on the basis that the "whole document resembled the New York Convention and was redolent of arbitration rather than mediation." The speaker focused on Article 5 and the Grounds for Refusing Relief, and he was particularly critical of Articles 5.1(e) and (f). He expressed his view that these articles were apposite to the setting aside of an …

Grounds To Refuse The Enforcement Of Settlement Agreements Under The Singapore Convention On Mediation: Purpose, Scope, And Their Importance For The Success Of The Convention, Héctor Flores Sentíes

Cardozo Journal of Conflict Resolution

This article will attempt to: (i) explain the purpose behind the drafting of the grounds to refuse enforcement; (ii) describe the scope of these defenses, based on the deliberations of the Working Group that drafted the Singapore Convention; and finally, (iii) briefly comment on the relationship between the scope of the defenses and the likelihood of the success of the Singapore Convention.

The Singapore Convention: Reflections On Articles 1.3 On Scope, 8.1(B) On Reservations, And 12 On Regional Economic Integration Organizations, Norel Rosner

Cardozo Journal of Conflict Resolution

The General Assembly of the United Nations adopted on 20 December 2018 the United Nations Convention on International Settlement Agreements Resulting from Mediation (the "Convention"). The Convention opened for signature in Singapore in August 2019. The UN adoption marks the culmination of a process that started in 2014 at the United Nations Commission on International Trade Law ("UNCITRAL"), first with discussions on the proposal to take up this project and then, as of September 2015, on the actual principles, form, and text of the instruments to be drafted. The Convention was drafted in conjunction with a Model. Law that contains …

Reservations In The Singapore Convention-Helping To Make The "New York Dream" Come True, Itai Apter, Coral Henig Muchnik

Cardozo Journal of Conflict Resolution

Following a brief introduction of the Singapore Convention, this article discusses the concept of reservations in international law and the importance of such mechanisms for facilitating adherence to multilateral treaties. It then focuses on two elements of the reservation mechanism including their drafting history, purposes, and consequences. In the final section of the article, we explain how these reservations will likely constitute a key component to the success of the Singapore Convention.

The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Cardozo Journal of Conflict Resolution

No abstract provided.

Not Enough: Human Rights In An Unequal World, Harlan G. Cohen

Faculty Scholarship

Many will read Samuel Moyn’s powerful history of the quest for social and material justice as an intended wake-up call. Rather than as a blaring alarm though, Not Enough is better read as an invitation to dream.

Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2018 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …

Evaluating A Permanent Court Solution For International Investment Disputes, Emily Palombo

Law Student Publications

Despite the original objective of investor state dispute settlement (“ISDS”)—to create an unbiased arbitration mechanism to resolve conflicts between states and foreign investors—ISDS tribunals have gained the reputation of being one-sided, nontransparent, and inconsistent in decisions rendered. A major reform proposed to address the criticism of ISDS is the creation of one permanent tribunal, rather than numerous ad hoc tribunals constituted separately for each investment dispute. Discussion of ISDS reform in light of its historical context poses the question: is ISDS really a broken system, or have our global priorities and concerns changed over time? While improvements can be made, …

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe

Cardozo International & Comparative Law Review

No abstract provided.

Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo

Cardozo International & Comparative Law Review

The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.

Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim

Cardozo International & Comparative Law Review

Participation and attendance in food safety negotiations such as Codex meetings are of critical importance. Common problems have existed throughout history in the area of food safety standards and their formulation regulations. First, there is a lack of interest by the public. Second, the public becomes interested only after a food safety crisis. Consequences are two-fold: with lack of public interest, governments often do not allocate enough budget and resources. Then, when the government turns to face the problem with a sudden spike in public interest, it is often too late. The situation becomes more of a crisis management, rather …

International Multiple Derivative Actions, King F. Tsang

Vanderbilt Journal of Transnational Law

This Article explores two choice of law issues in international multiple derivative actions: (1) the choice of substantive law that should govern multiple derivative actions and (2) the characterization of different aspects of the multiple derivative actions between substantive and procedural laws. After a comparison of choice of law approaches among various common law jurisdictions, the author advocates that the first choice of law issue--the substantive law to be applied to the action--should be governed by the law with the closest connections to the multiple derivative actions. This is the only practical choice given the complex nature of international multiple …

The Rights And Obligations Of States In Disputed Maritime Areas: What Lessons Can Be Learned From The Maritime Boundary Dispute Between Ghana And Cote D'Ivoire?, Youri Van Logchem

Vanderbilt Journal of Transnational Law

Unilateral acts undertaken in disputed maritime areas, particularly in relation to mineral resources, frequently lead to conflict between states. Appraisals of the scope that remains for unilateralism in disputed maritime areas under international law exist in both case law and literature, but the precise scope remains shrouded in doubt. The ruling of the tribunal in Guyana v. Suriname--building its argumentation extensively on that of the International Court of Justice (ICJ or Court) in the Aegean Sea Continental Shelf (interim measures)--is significant in this regard, clarifying, at least to a certain extent, the scope for unilateral conduct. Recently, in September 2017, …