International Law Commons^™

Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness

University of Baltimore Journal of International Law

A network of agreements comprising the investment treaty law regime cover international investments. It is a system rife with abuses made possible by loopholes and an inconsistent body of law. The system is in a legitimacy crisis and many seek to dismantle it entirely. Numerous alternatives and improvements have been proffered but few impactful steps have been taken to mitigate the problems within it. This comment advocates for an incremental approach that keeps the parts of the system that work while removing aspects that enable the most egregious abuses.

In The Face Of Brexit, The United Kingdom Has No Choice But To Provide Data Protection For Individuals, Organizations And Law Enforcement Agencies By Updating Their Legal Framework, Which Is Based Upon A 20-Year-Old Act., Logan Hayes

University of Baltimore Journal of International Law

The United Kingdom currently relies upon the Data Protection Act of 1998 (DPA 1998) to set the legal framework for the protection of data. That act is nearly 20-years-old and should be updated to echo the way in which data is now used and generated in an ever-evolving digital world. Due to Brexit, there is a need to protect data through stronger laws governing data protection that will also set up appropriate safeguards. The Data Protection Bill, introduced to the House of Lords on September 13, 2017 has the potential to do just that. Not only does this Bill have …

Citizenship, Welfare, And National Sovereignty In Modern Europe, Evan G. Hebert

University of Baltimore Journal of International Law

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Withholding Democracy: The Timeliness Of Self-Governance In A Postconflict Occupation, L. Amber Brugnoli

Loyola University Chicago International Law Review

In December 2017, the Human Rights and Election Standards initiative at the Carter Center, in collaboration with United Nations Office of the High Commissioner for Human Rights (OHCHR), issued a Plan of Action that was the culmination of two years of analysis and debate regarding a human rights approach to elections. Part of their plan recognized the need for well-written and targeted recommendations for implementing a transition to democracy. This article is a first step towards drafting such recommendations. The right to free and fair elections is a well-established norm in international law; some scholars even argue it is a …

The Inconsequential Choice-Of-Law Question Posed By Jesner V. Arab Bank, Beth Van Schaack

ILSA Journal of International & Comparative Law

In Jesner v. Arab Bank, the United States (U.S.) Supreme Court has taken up the question of whether victims of human rights abuses can sue corporations and other legal entities for violations of the law of nations under the Alien Tort Statute (ATS).

Incitement And Defamation In Saudi Arabia: The Case Of Human Rights Lawyer Waleed Abu Al-Khair, Javier El-Hage, Celine Assaf Boustani

ILSA Journal of International & Comparative Law

Saudi human rights lawyer and pro-democracy activist Waleed Abu Al-Khair was convicted for “inciting public opinion” and “harming the reputation of the King.” As a result, he is currently serving a fifteen-year prison sentence in the Kingdom of Saudi Arabia. This Article analyzes Abu Al-Khair’s criminal conviction under international law, with a focus on the universal standard for the protection of freedom of expression. Specifically, this article explores international law rules that call for narrow constructions of the offenses of “incitement” and “defamation” under domestic law when dealing with public figures and public affairs. Portions of this paper have been …

Non-State Actors As Respondents Before International Judicial Bodies, Peter Tzeng

ILSA Journal of International & Comparative Law

For centuries, non-state actors have acted as claimants before international judicial bodies. Only recently, however, have they begun acting as respondents.

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Nora Sveaass, Felice Gaer, Claudio Grossman

The International Lawyer

No abstract provided.

Precarious Employment: Varying Approaches To Foreign Sovereign Immunity In Labor Disputes, Richard Garnett

The International Lawyer

No abstract provided.

Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act Of 2016, Herbert I. Lazerow

The International Lawyer

No abstract provided.

Can International Law Trump Trump's Immigration Agenda: Protecting Individual Rights Through Procedural Jus Cogens, S. I. Strong

Faculty Publications

Donald Trump's approach to immigration has been revolutionary, to say the least. In his short tenure in office, his policies banning travel of individuals from certain Muslim countries have been taken to the United States Supreme Court on two separate occasions, and his most recent technique of separating children from their parents at the border has already spawned litigation. His boldest proposal yet, however, involves the widespread denial of procedural rights to immigrants.In his words, "[w]hen somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came [sic]."

This Essay considers the …

The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane

Northwestern Journal of Human Rights

The United Kingdom’s politicised and contested human rights framework has come under increasing pressure during recent periods of constitutional and political instability. The UK 2016 referendum on membership of the European Union, the delayed repeal of the Human Rights Act 1998 and the proposals to enact a British Bill of Rights have all shaped the discourse at the national level around decisions to retain rights (or not) rather than progressively improve the human rights structure. The European Union and Council of Europe human rights frameworks act as important pillars of human rights and democracy under the UK constitution and each …

The Security And Human Rights Dilemma: An Inquiry Into U.S.-Ethiopia Diplomatic Relations 1991-2012, Seife Ayalew

Northwestern Journal of Human Rights

In the post-1991 U.S.-Ethiopian diplomacy, the use of foreign policy as a framework to advance the cause of human rights has faced several challenges rooted in the way human rights is defined and the intricate interests vested in the U.S. foreign policy establishment. This article elucidates the limitations and challenges of diplomatic machinery as a framework for advancing the cause of human rights. First, human rights in the U.S. foreign policy machine have been given a marginal or subordinate place in diplomatic priorities. Second, the Government of Ethiopia’s (GOE) resistance and tough diplomatic measures and Ethiopia’s strategic importance to the …

The Application Of The United Nations Convention On Contracts For The International Sale Of Goods Uniformity Interpretation Principle In U.S., Yuqing Nie

Maurer Theses and Dissertations

The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) plays an increasingly important role in international sale of goods. However, the CISG is not always correctly applied, especially one of its basic principles – the uniform interpretation principle stated in its Article 7(1), which is usually ignored or incorrectly applied in its contracting States.

The CISG requires high-level uniformity, which requires the CISG to be applied autonomously if there involves parties from two CISG contracting States and the contract governing the transaction has no clause specifying other law as the governing law. Additionally, the CISG …

Keynote Lecture: International Human Rights: Need For Further Institutional Development, Judge Thomas Buergenthal

Case Western Reserve Journal of International Law

No abstract provided.

Targeted Capture, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human …

Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan

Cornell International Law Journal

North Korea has the worst human rights crisis in terms of the breadth and extent of its violations, and also presents the most serious security crisis in the world. A trio of doctrines— International Humanitarian Intervention, the Responsibility to Protect, and legitimate defense— provide the foundation for a range of solutions and approaches to resolve this crisis. At the same time, North Korea poses real dangers, the situation is delicate, and the resolutions may prove difficult. Strong determination is necessary to stay the course until the Koreas reunite, ideally in a peaceful manner. The situation has moved rapidly over the …

The "Peace Treaty" As A U.S. Doctrinal Option And Its Application To The Dprk: A Historical And Analytic Review, Eric Yong-Joong Lee

Cornell International Law Journal

Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or to realize their strategic interest from a broader, longer perspective in some parts of the world. This research is to analyze the peace treaties that the U.S. has signed so far or has mediated upon, searching for the possibility of making a U.S.-DPRK peace …

North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse, Patricia Goedde, Andrew Wolman

Cornell International Law Journal

North Korean detention of U.S. citizens has prompted considerable attention in the U.S. media over the years, especially with the most recent case of Otto Warmbier’s death. Releases have usually been negotiated through diplomatic channels on a humanitarian basis. While detainee treatment is influenced primarily by political considerations, this Article asks what international legal implications arise from these detentions in terms of international law violations and recourse. Specifically, this Article analyzes (1) violations of consular law and international human rights law as applied to the detainees, such as standards for arrest, investigation, trial, and detention, and (2) whether viable legal …

Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia, Teodora Gyupchanova

Cornell International Law Journal

The Database Center for North Korean Human Rights (NKDB) has so far dedicated over three years to a focused research on the human rights conditions of North Korean laborers overseas. In this amount of time NKDB researchers have only managed to uncover a small fraction of the abuses endured by the North Korean citizens dispatched overseas to earn revenue for the North Korean regime. There is a lot of work that still needs to be done, which should involve investigation of the working and living conditions of North Korean laborers residing in different countries, seeking accountability from the entities, government …

Foreign Initial Coin Offering Issuers Beware: The Securities And Exchange Commission Is Watching, Julianna Debler

Cornell International Law Journal

No abstract provided.

El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Sergio Alejandro Rea Granados

American University International Law Review

No abstract provided.

What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers, Samantha Bradley

American University International Law Review

No abstract provided.

Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo

American University International Law Review

No abstract provided.

The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia

American University International Law Review

No abstract provided.

When United Nations Sanctions Impact International Financial Governance: Lessons From The Libyan Sovereign Wealth Fund, Dini Sejko, Daley J. Birkett

American University International Law Review

No abstract provided.

Comparative Law In A Time Of Nativism, Margaret Woo

UC Law SF International Law Review

Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward. This article examines what the turn to nativism means for the …

Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós

UC Law SF International Law Review

The relatively short catalogue of rights recognized by the Constitution of the United States, coupled with their near exclusive articulation as political and civil rights of a negative character opposable only to state action, has substantially narrowed the scope of analysis as to the different features and manifestations of constitutional rights in general. This has led the debate amongst U.S. scholars to focus their attention to rights as a sometimes simplistic dichotomy between negative political rights on the one hand, and positive socioeconomic rights on the other, which are more typically found in modern, teleological constitutions. In this brief Article, …

Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura

UC Law SF International Law Review

Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr. Stiglitz …