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Full-Text Articles in International Law

The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii Jan 2019

The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii

Case Western Reserve Journal of International Law

The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.


The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald Jan 2019

The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.


Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly Jan 2019

Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly

Case Western Reserve Journal of International Law

In 2017, two Guantanamo Bay detainees filed writs of certiorari with the Supreme Court of the United States. Through different claims, both men argued that the military commissions convened to prosecute them lacked subject matter jurisdiction to do so. The first man, Ali Hamza Ahmad Suliman al Bahlul, challenged his conspiracy conviction on the basis that it is unconstitutional to try purely domestic offenses in a non-Artide III tribunal. The second, Abd al Rahim al-Nashiri, has not yet been tried. As such, he raised pretrial objections to his military commission's competence to try him for crimes committed pre-9/11. In October …


Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams Jan 2019

Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams

Case Western Reserve Journal of International Law

The article focuses on the use of force in humanitarian crises and mass atrocity crimes and limitation of the United Nations (UN) Security Council. It mentions need for a framework for non-UN authorized military force in the name of humanitarian intervention.


World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron Jan 2019

World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron

Case Western Reserve Journal of International Law

ISIS's use of social media presents a new challenge for counterterror efforts. The organization aims to recruit followers and incite violence through social media. Given that this is a new medium for terrorist organizations, social media companies have come under fire for indirectly providing ISIS with farreaching platforms to spread its content. The companies, as well as national governments and international entities, have attempted to respond to the threat posed by such content. These responses, however, have proven ineffective. This Note argues that to effectively respond to and combat the threat posed by terrorist speech, national governments should adopt a …


Front Matter, Volume 51 Jan 2019

Front Matter, Volume 51

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 51 Jan 2019

Masthead, Volume 51

Case Western Reserve Journal of International Law

No abstract provided.


International Arbitration: Out Of The Shadows, George A. Bermann Jan 2019

International Arbitration: Out Of The Shadows, George A. Bermann

Faculty Scholarship

This article discusses a diverse number of issues that have affected the strength and popularity of international arbitration among its users. It emphasises the importance of the arbitration community recognising the force and validity of a number of critiques of the process and developing strategies for dealing with them. It is an edited version of a Keynote Address delivered at the ADR in Asia Conference on 29 October 2018.


Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury Dec 2018

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury

Faculty Publications

On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it …


The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii Dec 2018

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.


Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski Dec 2018

Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski

Brooklyn Journal of International Law

Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …


Rethinking Isds, George Kahale Iii Dec 2018

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.


Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil Dec 2018

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …


Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer Dec 2018

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer

Brooklyn Journal of International Law

The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …


Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly Dec 2018

Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly

Brooklyn Journal of International Law

Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …


Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway Dec 2018

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”


From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts Dec 2018

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …


Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes Dec 2018

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …


Improvement Of Legislative Activity In Uzbekistan On The Experience Of Foreign Countries, G. Ismailova Dec 2018

Improvement Of Legislative Activity In Uzbekistan On The Experience Of Foreign Countries, G. Ismailova

International Relations: Politics, Economics, Law

The Republic of Uzbekistan stands in the way of building a state governed by the rule of law. This means that the most significant areas of life, starting from family and property to the economy and defense, regulated by law. Therefore, it is necessary for Uzbekistan to have an effective and the most refined of the legislative process.


The Role Of The International Parliamentary Organizations (Ipo) As A Subject Of International Law, F. Eshmatova Dec 2018

The Role Of The International Parliamentary Organizations (Ipo) As A Subject Of International Law, F. Eshmatova

Review of law sciences

This article is dedicated to the issues of legal status and functions of International Parliamentary Institutions. The features of their structure and functioning, the place in system of the international relation are analyzed. In particular the legal status and functions of Inter-parliamentary Organization (IPU) are discussed.


Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev Dec 2018

Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev

Review of law sciences

The article deals with the issues of institutional cooperation of Uzbekistan in the field of labor migration with international institutions and specialized agencies. A number of proposals are made to improve the cooperation of a bilateral agreement by introducing changes and additions as well as the accession of Uzbekistan to universal and other international treaties regarding labor migration.


Some Peculiarities Of Legal Regulation Of Multimodal Cargo Transportation In Uzbekistan, R. Ismailova Dec 2018

Some Peculiarities Of Legal Regulation Of Multimodal Cargo Transportation In Uzbekistan, R. Ismailova

Review of law sciences

This article studies the legal regulation of cargo transportation by various modes of transportation, it is noted that international trade and the improvement of transportation technologies have greatly contributed to the growing popularity of multimodal transport, and although they are recognized as the transportation mode of the future, the legal framework governing this type of transportation has not been still formed. It is justified in the article that despite the fact that Uzbekistan provides support for business logistics, the lack of a legislative framework for multi-modal transportation greatly complicates the process of international transportation of goods.


Assessing The Legal Base For Gender Neutral Society In Uzbekistan Using Un Sustainable Development Goals Framework, R. Arslonova Dec 2018

Assessing The Legal Base For Gender Neutral Society In Uzbekistan Using Un Sustainable Development Goals Framework, R. Arslonova

Review of law sciences

This article critically analyzes existing legal framework with respect to protecting women’s right; substantiating their equal status in society; creating new opportunities to promote better equality between men and women. Author researches UN Sustainable Development Goals framework with the intention of compiling a roadmap to further the agenda on women’s rights in Uzbekistan with global perspective.


Shanghai Cooperation Organization As The Basis Economic Development And Collective Security, D. Musaev Dec 2018

Shanghai Cooperation Organization As The Basis Economic Development And Collective Security, D. Musaev

Review of law sciences

The article is devoted to one of the directions of development of international economic relations at the regional level - the Shanghai Cooperation Organization (SCO). The process of the formation of the SCO is considered, the state, problems and perspectives of the external economic interaction of its member states are analyzed. An assessment of the conditions, characteristics and development possibilities of the SCO is given.


International Standards Concerning Education In The Field Of Human Rights And Their Significance In The Contemporary Period, Sh.P. Safarova Dec 2018

International Standards Concerning Education In The Field Of Human Rights And Their Significance In The Contemporary Period, Sh.P. Safarova

Review of law sciences

the article is devoted to the issues of human rights education. The author gives an overview of international documents on human rights education, notes the role and importance of human rights education, as well as the need for its development in Uzbekistan. Human rights education is important for developing a culture of human rights in society and for raising the legal culture in general. The importance of human rights education ensures the correct understanding and interpretation of international human rights standards, and this is a necessary condition for their effective application. The first efforts in this direction were made within …


The Role Of The World Food Security, A.B. Khodjaeva Dec 2018

The Role Of The World Food Security, A.B. Khodjaeva

Review of law sciences

This article outlines the general recommendation, key features of FAO and the World Food Program, compliance with specific international standards, as well as the importance of food security and analysis of Uzbekistan's measures and their further improvement. The Food and Agriculture Organization of the United Nations (FAO), as a specialized UN agency for nutrition, food and agriculture, has been striving for more than 60 years to expand its main goals: to improve the quality of food and the standard of living of people all over the world; ensuring the growth of efficiency of production and distribution of all food and …


Development Of Ziyarah Tourism In The Republic Of Uzbekistan Within The Organization Of Islamic Cooperation, S.B. Usmanova Dec 2018

Development Of Ziyarah Tourism In The Republic Of Uzbekistan Within The Organization Of Islamic Cooperation, S.B. Usmanova

Review of law sciences

This paper examines cooperation of the Republic of Uzbekistan for development of pilgrimage (Muslim) tourism in the framework of the Organization of Islamic Cooperation. The author analyzes functioning of the OIC in the sphere of tourism by proposing implementation of organization’s member states’ practices for perspective development of pilgrimage tourism in Uzbekistan. Therefore, the article highlights the signing of a special Memorandum of understanding between the members of the OIC for the development of Islamic tourism in the Republic of Uzbekistan.


International Law: Legal Aspects Of The Protection Of Women’S Rights In Un System, A.B. Xayrulina Dec 2018

International Law: Legal Aspects Of The Protection Of Women’S Rights In Un System, A.B. Xayrulina

Review of law sciences

аrticle analyses the international mechanisms for the protection of women’s rights, the elimination of all forms of discrimination against women, to create and improve the effectiveness of national mechanisms for the advancement of women at the highest political level, as well as the importance of UN activities in resolving this problem.


Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran Dec 2018

Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran

The Journal of Business, Entrepreneurship & the Law

No abstract provided.