International Law Commons^™

Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl

Scholarly Articles

This epilogue unpacks the return of convicted war criminals as homecomings, with all the attendant rites, rituals, and expectations. Knotting together the various papers in this edited collection, this paper examines how the international community constructs an ideal homecoming and, in turn, how such a construction may simply be fanciful.

Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl

Scholarly Articles

Weiss-Wendt’s book unpacks what happened to “genocide” as it journeyed along this path of codification. To be clear, codification was conditioned by compromise among states; and states were often motivated by Cold War selfishness, spite, manipulation, and machination. The Convention narrowed—and even mangled—the set of protected groups to national, ethnic, racial, and religious. The Convention, moreover, limited the recognized forms that genocide could take. The title of Weiss-Wendt’s book reflects its argument that the expansiveness of genocide as an idea was “gutted” in the process of codifying it in an international treaty.

Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl

Scholarly Articles

Why do truth commissions emerge following some conflicts but not others? Jamie Rowen tackles this question in Searching for Truth in the Transitional Justice Movement. Rowen approaches this topic through a detailed study of three jurisdictions: the former Yugoslavia, Colombia, and the United States. Although truth commissions did progress in Colombia, they stalled in both the former Yugoslavia in the wake of the Balkan Wars as well as in the United States in regard to the conduct of US officials after the events on 11 September 2001. Rowen unpacks what happened and what failed to happen — and why …

The Office Of The Prosecutor: Seeking Justice Or Serving Global Imperialism?, Shannon Fyfe

Scholarly Articles

The international criminal courts and tribunals, especially the ICC, have been strongly criticized for their susceptibility to political influence. Some have argued that the ICC has a distinctly Western bias and is participating in a new kind of imperialism in Africa. Others argue that history and the complicity of the West should disqualify the international community from demanding the prosecution of individuals participating in conflicts resulting directly from colonialism. Many have focused on the nature of the creation of the judicial bodies and the inherent political nature of judicial decisions regarding whom to prosecute. In this article, I offer a …

E-Hailing And Employment Rights: The Case For An Employment Relationship Between Uber And Its Drivers In South Africa, Isaiah J. Marcano

Cornell International Law Journal

South Africa’s Uber dilemma has forced jurists to answer important questions about the country’s largest black-owned sector: the taxi industry. Since the days of apartheid, taxi drivers have struggled to secure their livelihoods. Lamentably, they have found themselves restricted by a legacy of oppression that, despite significant progress, lingers on. As of late, Uber has exploded onto the transportation market, and labor courts must decide whether Uber drivers fit within a system that never contemplated the emergence of gig economy companies. If future jurists continue to draw inspiration from South Africa’s highly progressive constitution, international agreements, and pro-union culture, it …

Let International Competition Negotiations Sleep A While Longer: Focus On Tools And Capacity, Frederick M. Abbott

Scholarly Publications

No abstract provided.

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon

Law Faculty Research Publications

No abstract provided.

Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado

Fordham Intellectual Property, Media and Entertainment Law Journal

Multinational corporations often struggle to protect their intellectual property rights in China. The Walt Disney Company, which has a long relationship with China, knows this all too well. In fact, counterfeit Mickey Mouse ears—along with numerous other Disney character goods—are now sold in plain sight at the new Shanghai Disneyland Resort. In an attempt to combat counterfeiting, companies such as Disney rely on a traditional method of enforcement of intellectual property rights: government campaigns. Campaigns are short periods of time during which multiple raids and government enforcement actions occur to crack down on counterfeiting. The irony of Disney’s situation is …

The Dual Lives Of The Emerging Right To Democratic Governance, Gregory H. Fox, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

The Private International Law Of Secured Transactions: Rules In Search Of Harmonization, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Right To Education: An Analysis Through The Lens Of The Deontological Method Of Immanuel Kant, Kavana Ramaswamy

Northwestern Journal of Human Rights

The framework of categorical imperatives is one of the most famous deontological theories of rights that have been formulated. The framework has often been used to justify human rights policies all over the world. While they have been subject to several criticisms over the last two centuries, some of these include improvements to the original framework. This paper analyses the framework of the categorical imperatives and suggest certain modifications to improve internal coherence.

The paper then seeks to apply this framework to the right to education, a right that is under fire in the conservatively-charged political arena today. This is …

Lcsh In The Southern Levant, Steven W. Holloway

Libraries

The article demonstrates how Library of Congress Subject Headings (LCSH) geographic headings for the Southern Levant mirror the political investment of Congress and the American public in Middle East politics over the last thirty years. The headings’ evolution as well as Library of Congress rules governing their creation is charted in detail. These LCSH headings contrast markedly with those established in other national libraries (BnF, DNB) and independent value vocabularies (TGN, GeoNames), and global opinion regarding the legal status of the occupied territories. I sketch the historical context of their formation and offer suggestions as to how libraries can “decolonize” …

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.

Corruption In International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, Deeksha Malik, Geetanjali Kamat

Arbitration Brief

No abstract provided.

Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes

Arbitration Brief

No abstract provided.

Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants, Anemoone Soete

Buffalo Environmental Law Journal

One unmistakable and indisputable consequence of Climate Change is found in the realm of oceans. Sea-levels are currently rising at a pace unknown to mankind and as a consequence island states are destined to lose habitable land territory. Whereas some may lose parts, others will lose all of it in the current business as usual scenario. This reality first begs the question as to whether an island state will continue to be a state once bereft of a territorial basis. Secondly, it must be considered how islanders might retain legal personality should this is no longer be possible through the …

Distribuzione (Commerciale) E Diritto: Variazioni Su Tema, Daniela Caruso

Shorter Faculty Works

Nel febbraio 1988 Roberto Pardolesi festeggiava il suo quarantesimo compleanno circondato da un gran gruppo di studenti, tutti galvanizzati dalla sua presenza e dalla sua proverbiale energia. Unico e inimitabile, era brillante e alternativo, una forza anti-sistema all’interno di un ateneo ricco di menti acute ma anche di convolute gerarchie. Dall’Università di Chicago – sede del suo LL.M. nel 1976 – aveva importato non solo l’analisi economica del diritto, ma anche improbabili magliette a strisce, un forte spirito di iniziativa, e un’attitudine radicalmente antiformalista nel diritto come nella vita. Gli regalammo il libro I miei primi quarant’anni di Marina Ripa …

Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao

UC Law SF International Law Review

In recent years, the media exposure and judicial exoneration of wrongfully convicted defendants in a number of high-profile capital cases in China have attracted the attention of reformers, the general public, and policy makers—both domestic and international. Yet, until now, there has been merely a thin body of empirical literature on this salient research topic. This lack of academic attention is due to the political sensitivity of the topic and the lack of publicly-accessible data. This paper is aimed at filling this critical gap in the literature. Based on in-depth analysis of 122 deathsentenced innocents, of which 109 have been …

Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama

UC Law SF International Law Review

The development of a legal system under globalization has impacted the legal practice of cross-border transactions. Businesses are confronted with several legal systems in foreign jurisdictions, as well as, foreign languages. On the other hand, the role of the legal system of each country becomes relatively diminished in the area of cross border transactions. The legal risk may materialize as uncertain knowledge and recognition of foreign legal systems and international law. From this perspective, it is more important to understand the roles of lawyers who support solving legal issues in transnational business. Cross-border transactions involve several different jurisdictions where the …

Revolutionary Reform In German Constitutional Law, Stephan Jaggi

UC Law SF International Law Review

Since German unification in October 1990, this diagnosis of constitutionalism in Germany is only partly true. In the wake of German unification, the BVerfG acted within Ackerman’s revolutionary model and did refer to revolutionary achievements of the constitutional past. Contrary to Ackerman’s evaluation, the Court engaged in what I call “revolutionary reform” of German constitutional law by taking up revolutionary constitutional achievements of the East German 1989 Revolution and integrating them into the existing constitutional order under the West German Basic Law (Grundgesetz; GG). It is through revolutionary reform, I will argue, that the BVerfG has brought important change to …

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson

ILSA Journal of International & Comparative Law

Those involved in peace negotiations often face the dilemma of balancing demands for justice with the imperative of stopping the conflict as quickly as possible. There are abiding ethical and moral debates surrounding this tension between peace and justice.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Think Fast: Post Judgment Considerations In Hague Child Abduction Cases, Timothy L. Arcaro

Faculty Scholarship

This article will focus on post judgment considerations in the context of federal district court proceedings, which frequently parallel the procedural aspects of U.S. state court proceedings. Part I of this article will examine the Abduction Convention structure and function to contextualize the interplay of return cases and post-judgment considerations. Part II will examine the flexible notions of Due Process and post-trial relief in Hague proceedings at the federal district court level. Part III will examine post-judgment access remedies and practical considerations in establishing custodial rights. In Part IV, I will share my conclusions on post-judgment relief in Hague Abduction …

Bio-Property Contracts In A New Ecosystem: Genetic Resources Access And Benefit Sharing, Mariko Kageyama

Washington Journal of Law, Technology & Arts

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity presents a relatively new international legal framework. Although the United States is not currently bound by this legal instrument, its impact may be felt in the life sciences innovation sector and beyond. Transnational implementation mechanisms for the Nagoya Protocol have a combination of property law and contract law as their theoretical underpinning. Stakeholders who are entering into an agreement with their foreign counterparts should honor the Access and Benefit-Sharing scheme as well as domestic …

The Restructuring Plan And The Role Of Foreign Investments In Italian System, Vito Cozzoli, Antonio Morelli

Arbitration Brief

No abstract provided.

The Ideal Arbitrator: Does One Size Fit All?, James Crawford

American University International Law Review

No abstract provided.

Dominic Ongwen And The Rotten Social Background Defense: The Criminal Culpability Of Child Soldiers Turned War Criminals, Raphael Lorenzo Aguiling Pangalangan

American University International Law Review

No abstract provided.

Views Of The Future Of The Field Of International Justice: A Scenarios Project Based On Expert Consultations, Jennifer Trahan

American University International Law Review

No abstract provided.

Freedom Of Expression And Opinion In Wartime: Assessing Ukraine's Ban On Citizen Access To Russian-Owned Websites, Natalie Holland

American University International Law Review

No abstract provided.