International Law Commons^™

Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg

International Law Studies

Article 18(1) of the Second Geneva Convention requires parties to an international armed conflict, “after each engagement” and “without delay,” to “take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.” This article focuses on the latter obligation: the duty to search for and collect the dead. It assesses this obligation in light of the International Committee of the Red Cross 2017 Commentary on the Second Geneva Convention, the first such commentary completed by …

The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle

International Law Studies

Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the …

¿De Quién Son La Luna Y Los Demás Cuerpos Celestes?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Probablemente esta sea la imagen más conocida de una bandera que se haya hecho nunca: Buzz Aldrin de pie junto a la primera bandera de EE UU clavada en la Luna. Pero para los que conocían la historia universal, también saltaron las alarmas. En la Tierra, hace menos de un siglo, clavar una bandera nacional en otra parte del mundo todavía equivalía a reclamar ese territorio. ¿Las barras y estrellas en la Luna significaron la creación de una colonia estadounidense?

Cuando la gente escucha por primera vez que soy un abogado que ejerce y enseña algo llamado «derecho espacial», la …

Who Owns The Moon? A Space Lawyer Answers, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Most likely, this is the best-known picture of a flag ever taken: Buzz Aldrin standing next to the first U.S. flag planted on the Moon. For those who knew their world history, it also rang some alarm bells. Only less than a century ago, back on Earth, planting a national flag in another part of the world still amounted to claiming that territory for the fatherland. Did the Stars and Stripes on the moon signify the establishment of an American colony?

When people hear for the first time that I am a lawyer practicing and teaching something called “space law,” …

Another View Of The Cathedral: What Does The Rule Of Law Crisis Tell Us About Democratizing The Eu?, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The rule of law in the EU is in crisis. The independence of national judiciaries in Hungary and Poland is under attack by governments that call themselves ‘illiberal’ democracies. Not surprisingly, scholars pointing to the cracks in the EU architecture have offered some solutions to avoid its collapse. These solutions range from the Commission enforcing a rule of law framework by bringing systemic infringement actions based on democratic values enshrined in Article 2 of the Treaty on European Union (TEU) or by cutting EU cohesion funds to the autocrats. Both solutions seem to have been taken seriously in Luxembourg …

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies

Law Faculty Scholarship

No abstract provided.

New Ebola Outbreak In Africa Is A Major Test For The Who, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

On May 8, the Democratic Republic of Congo (DRC) notified the World Health Organization (WHO) of a confirmed outbreak of Ebola in Bikoro, on the shores of Lake Tumba in Équateur Province. Ebola in the DRC is not unexpected. The first-ever identified Ebola outbreak occurred in the DRC—then Zaire—in 1976. This is the ninth of DRC’s outbreaks, which until now have been confined mainly to rural areas. With high fatality rates, earlier outbreaks quickly burned out due to the natural firewall of remoteness.

Bikoro and a nearby village, Ikoko-Impenge, are rural, but on May 16, the WHO confirmed spread to …

International Arbitration - Between Myth And Reality: The 9th John E.C. Brierly Memorial Lecture, Susan Franck

Scholarly Articles in Law Reviews & Journals

The first woman to deliver the John E.C. Brierly Memorial Lecture in November 2016, Susan Franck explores common but flawed accounts of international arbitration based on anecdotes and myths while encouraging the audience to pay more attention to scientific facts. While acknowledging the challenges of living in a “post-factual” society, she argues that international arbitration, whether commercial or investment-based, is caught within a larger geo-political maelstrom which includes a backlash against globalization, the popularization of populism, and a turn toward nationalism. Rather than permitting decisions to be affected by an emotive torrent of intuitive forces that facilitate decisions based upon …

China’S Non-Tariff Measures And Consequent Obstacles To Trade

Santa Clara Journal of International Law

China’s Non-Tariff Measures and Consequent Obstacles to Trade

America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre

Indiana Journal of Global Legal Studies

As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the …

The European Succession Regulation And The Arbitration Of Trust Disputes, S. I. Strong

Faculty Publications

Over the last few decades, U.S. citizens have become increasingly mobile, with significant numbers of individuals living, working, and investing abroad. Estate planning has become equally international, generating ever-larger numbers of cross-border succession cases. While these sorts of developments are welcome, they require lawyers to appreciate and anticipate the various ways that the laws of different jurisdictions can interact. One of the most important recent developments in international succession law comes out of the European Union. While the European Succession Regulation may initially appear applicable only to nationals of E. U. Member States, U.S. citizens can also be affected by …

Getting The “Message” On Free Trade: Globalization, Jobs And The World According To Trump

Santa Clara Journal of International Law

Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

University of Arkansas at Little Rock Law Review

No abstract provided.

The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl

Indiana Journal of Global Legal Studies

Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …

The Inevitable United States Adoption Of Ifrs: How And Why The United States Should Be Prepared, Erika M. Tribuzi

Indiana Journal of Global Legal Studies

In an age where technology makes the world smaller and business transactions happen by the microsecond, both private and public entities have utilized global standards. These standards are often voluntary and span many different industries. In the twenty-first century, financial reporting standards have not been immune toward the pull for global uniformity. The International Financial Reporting Standards (IFRS) are a set of international financial reporting standards that countries can choose to adopt in full or in part. Currently, there are 143 countries that have adopted IFRS in some capacity. This Note addresses the voluntary nature of global standards in the …

"Mob-Legislating": Jasta's Addition To The Terrorism Exception To Foreign Sovereign Immunity, Rachael E. Hancock

Cornell Law Review

This Note explores the issues with the Foreign Sovereign Immunities Act that JASTA attempts to address, the likelihood of JASTA’s success, and whether or not JASTA is a desirable solution. Though the relatively recent nature of this addition renders the long-term impact difficult to assess, an examination of foreign sovereign immunity doctrine’s origins, evolution, and purpose provides sufficient information to make predictions about potential problems with JASTA. Part I briefly tracks the history of foreign sovereign immunity in the United States and the transition from an absolutist approach to a restricted approach. Part I also discusses the codification of the …

Implementing The Ahafo Benefit Agreements: Seeking Meaningful Community Participation At Newmont’S Ahafo Gold Mine In Ghana, Benjamin Boakye, Maggie M. Cascadden, Jordan Kuschminder, Sam Szoke-Burke, Eric Werker

Columbia Center on Sustainable Investment Staff Publications

In 2008, ten communities in the Brong Ahafo region of Ghana entered into agreements with Newmont Ghana to govern company-community relations, ensure local job creation, and share the benefits of the company’s mining operations. Ten years later, this report, co-authored by Canadian International Resources and Development Institute (CIRDI), African Center for Energy Policy (ACEP), CCSI, and ISP, looks at the communities’ experience of those agreements and suggests how the agreements might be improved. Though the agreements were celebrated for their attempts to include all stakeholders in decision-making, challenges remain around representation, consultation, and participation. New entities established to facilitate multi-stakeholder …

The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choiceof Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by theco-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, andtraditional common law jurisdictional principles within the private international law and procedural rules of a singlenational jurisdiction. This article highlights several key issues raised by the interaction between the SICC, HagueConvention, and common law jurisdictional rules, and proposes solutions to streamline these three sets of rules into acoherent and …

Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen

Research Collection Yong Pung How School Of Law

In the recent decision of Man Diesel & Turbo SE v I.M. Skaugen Marine Services Pte Ltd [2018] SGHC 132, the Singapore High Court (“HC”) rejected an application to adjourn the enforcement of an arbitral award that was also the subject of a setting aside application in Denmark, the seat of the arbitration. This case is the first of its kind in Singapore and provides clarity as to when litigants can seek an adjournment of proceedings to enforce a foreign arbitral award.

The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choice of Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by the co-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, and traditional common law jurisdictional principles within the private international law and procedural rules of a single national jurisdiction. This article highlights several key issues raised by the interaction between the SICC, Hague Convention, and common law jurisdictional rules, and proposes solutions to streamline these three sets …

Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez

Faculty Scholarship

Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …

The Transnational Judicial Dialogue Of The Supreme Court Of Canada And Its Impact, Klodian Rado

PhD Dissertations

Through personal interviews with ten current and former judges of the SCC, case analyses, a review of archival documents, and a quantitative examination of all judgments between 20002016, this study offers a comprehensive exploration of the mechanisms, extent, purpose, and effects of transnational judicial dialogue of the SCC and its justices. Contrary to expectations, SCC participation in this dialogue does not occur only through the citation of foreign judgments. Instead, the SCC incorporates almost all forms of non-domestic legal sources of both an international and a comparative nature (legal mechanisms). However, the judicial dialogue resulting from genuine engagement, interactions, and …

The Issues Of Ratification And Joining The Convention On “Simplifying Border Crossing In International Railway Transport Of Passenger, Luggage And Cargo Luggage”, E. Axundjanov

Review of law sciences

In this article the author considered issues on the adherence and ratification of the Convention on Facilitation of the crossing of frontiers for international railway transport of passengers, baggage and load-luggage. As well as in the article, the content of the norms of some international acts relating to this issue was analyzed.

Improvement Of International-Legal Cooperation Of Uzbekistan For Development Of Tourism, S Usmanova

Review of law sciences

The author analyzes role of international cooperation in sustainable development of tourism in Uzbekistan. In this article it is given legal assessment to the partnership of the UNWTO and European Union (EU) with the Republic of Uzbekistan in the field of developing tourism. The bilateral legal norms between these subjects of international law contextually the important and last tendencies of touristic sphere are noted by the author. There are being developed conclusions and proposals on strengthening institutional collaboration of UNWTO and EU in the Republic of Uzbekistan.

Organization Of The Groups Of Investigation And Operative Investigation As A Form Of International Cooperation On Criminal Cases, D.Sh. Umarxanova

Review of law sciences

This article analyzes the mechanism and legal basis for the establishment of joint investigation and operative investigation teams as one of the new forms of legal assistance in criminal matters. The author also put forward proposals for amendments and additions to the national legislation in the field of establishment of joint investigation and operative investigation teams for international criminal cooperation.

Tourism As A Factor Of Regional Economic Development On The Example Of Asean Countries, M Bahramova, M. Eshonkulov

Review of law sciences

In the article the recommendations on the development of the instruments in terms of attracting foreign tourists in the local and regional level by exploring the experience of ACEAN countries are given by the author.

Public Order Concept In Uzbek Legislation, A. Khakimov

Review of law sciences

In recent years, expansion of internal and international trade have become the most pressing issue for Uzbekistan and its Government. In transnational business transactions, often disputes are referred to foreign courts or international arbitrations for adjudication. At that moment, many states utilize the principle of ‘public order’ to reject enforcing or recognizing of foreign courts’ decisions. In this article, will be tried to explain how about that infamous rule in Uzbek Private International Law.

The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran

Journal of Contemporary Archival Studies

This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the …

Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Foreword, Christina M. Nielsen

San Diego International Law Journal

The overwhelming reoccurring theme in this nineteenth edition of the San Diego International Law Journal centers on the international effects of recent domestic political changes in the United States. Whether a compelling factor or working in the background without express recognition, President Trump remains a point of interest in many of the articles published this academic year. Each article is distinct in legal policy and analysis and covers diverse legal topics.