International Law Commons^™

Japan's Failure To Protect Japanese-American Children From International Parental Kidnapping In Violation Of The Hague Convention On Child Abduction, Tarja Cajudo

American University International Law Review

No abstract provided.

The E—2 Treaty Investor Visa Dilemma: Violations Of Law And Limitations On Foreign Investment, Tiana J. Cherry

American University Business Law Review

No abstract provided.

Democracy Clauses In The Americas: The Challenge Of Venezuela’S Withdrawal From The Oas, Antonio F. Perez

Scholarly Articles

In light of Venezuela’s unprecedented notice of its intention to withdraw from the Organization of American States, this essay by a former member of the Juridical Committee of the OAS explores the range of discretion available to the OAS and its Member States in interpreting and applying the OAS’s unique provision for withdrawal. Presenting the first extensive analysis of this provision of the OAS Charter, the essay argues that the withdrawal clause can plausibly be interpreted to require Venezuela to fulfill all its obligations under the OAS Charter, including its obligations to respect democracy, before its unprecedented withdrawal can take …

Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys J. Craig

American University International Law Review

No abstract provided.

From Law Versus Politics To Law In Politics: A Pragmatist Assessment Of The Icc's Impact, Geoff Dancy, Florencia Montal

American University International Law Review

No abstract provided.

Criminal Prosecution Of Un Peacekeepers: When Defenders Of Peace Incite Further Conflict Through Their Own Misconduct, Shayna Ann Giles

American University International Law Review

No abstract provided.

The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand

University of Baltimore Journal of International Law

The European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. …

The Continuum Of State Sovereignty: A Commentary On African Elections, K.C. O’Rourke

University of Baltimore Journal of International Law

Twenty-six African States hold elections between 2016 and 2017. More basic than campaign rhetoric and ethnocentric political jockeying, the state in Africa is ripe for a deeper engagement with notions of state sovereignty that are more relevant for this century as the African state seeks to exercise its core functions, protect its interests within its own geographic boundaries, and care for all of the people it seeks to govern. The intentional structuring of such a dialogue must be guided to secure the cornerstones of individual liberty and participatory democracy – two basic protective functions that uniquely belong to the nation-state. …

Inmates, Incarcerated And In Love: Predicting How The United States Would Respond To Marriages Between Inmates By Evaluating Case Law And The United Kingdom’S Decision, Madison H. Kyger

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.

War And Passion: Who Keeps The Art?, Margaret M. Miles

Case Western Reserve Journal of International Law

Here, I would like to recall how and where ideas about repatriation, restitution, and proper ownership of art got started, a subject I have explored in detail elsewhere.

Calling Space Traffic Control, Danielle Miller

ILSA Journal of International & Comparative Law

The space environment (at least where the Earth’s orbits are concerned) is increasingly congested. As a natural result, collisions between space objects are becoming more likely and much more disastrous.

Above The Law? Innovating Legal Response To Build A More Accountable U.N.: Where Is The U.N. Now?, Bruce Rashkow

ILSA Journal of International & Comparative Law

This is an issue that has come under increasing scrutiny amid allegations of sexual exploitation and abuse by United Nations (U.N.) personnel, including peacekeeping forces, and allegations that peacekeepers introduced cholera to Haiti

The Fundamental Convention No. 87 Of The International Labour Organization– Union's Freedom Of Association In Brazil And In The United States, Jane K. Aparecido

ILSA Journal of International & Comparative Law

This piece is about how two economically and socially different countries interpret and deal with the International Labour Organization’s (ILO) conventions in their respective legal systems. Convention No. 87, regarding the Freedom of Association and Protection of the Right to Organise, will serve as the basis for the discussion and comparison.

Tiroteos Maivos Y Los Motivos De Los Agresores: Una Comparacion De Los Estados Unidos Y Naciones Extranjeras, Vanessa Terrades

ILSA Journal of International & Comparative Law

Cuarenta y nueve cuerpos estaban tirados en el suelo sin vida, mientras muchos otros estaban acostados al lado de ellos cubiertos en sangre, pretendiendo estar muertos para poder salvarse del hombre armado que abrió fuego en la discoteca

Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations, Vanessa Terrades

ILSA Journal of International & Comparative Law

Forty-nine bodies laid lifelessly on the ground while many others laid beside them, covered in blood, pretending to be dead to save their lives from the gunman who opened fire in the night club.1 That was the scene at Pulse Night Club on June 11, 2016, which turned the enjoyment at a nightclub into a nightmare

Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

The French theory of Laïcité, or assertive secularism, has rapidly developed to become a significant part of the French constitutional legacy, which subsequently brought out what should have been expected: conflicts between the right to self-determination, local culture, religious freedom, and the state interest in curbing radicalism and extremism

Where Are We Today In The International Fight Against Overseas Corruption: An Historical Perspective, And Two Problems Going Forward, Frederick T. Davis

ILSA Journal of International & Comparative Law

The goal of my comments is to take a step back and begin with an historical perspective on the collective, international effort to fight corruption, and then to suggest two problems that effort faces today.

A Comparative Study Of Migrants' Access To Healthcare: Similarities And Differences Between England, Germany, Italy, Spain, Canada, And The United States, Paula Castaneda Restrepo

ILSA Journal of International & Comparative Law

No abstract provided.

Decisions That Declared Laws Unconstitutional And Their Impact On Japanese Families, Yuichiro Tsuji

ILSA Journal of International & Comparative Law

No abstract provided.

Are Latin American Institutions Innovating?, Dyala' Jime'nez Figueres

ILSA Journal of International & Comparative Law

Innovation means moving ahead of one’s time, anticipating future needs and creating solutions for those needs. Applied to international arbitration, innovation usually comes by offering new services to the users that will benefit them in terms of predictability, efficiency and effectiveness

Caracteristicas Principales De La Ley Peru Ana De Arbitraje, Cecilia O'Neill De La Fuente, Jose' Luis Repetto Deville

ILSA Journal of International & Comparative Law

Dos pilares fundamentales hacen posible que agentes privados acumulen grandes riquezas: la ley de contratos y los derechos de propiedad. Pero sin la protección del Estado es imposible mantener el crecimiento económico, así que cada Estado debe proteger, respetar, y poner en vigor estas leyes fundamentales.

Developing A Matrix For Intellectual Property As Subject Of International Law, Sam F. Halabi

Faculty Publications

Intellectual property disputes implicating diverse and seemingly unrelated international legal regimes have become more frequent, acrimonious, and high-stakes. This trend has spawned an enormous academic literature endeavoring to rationalize the approach various interpretive authorities take to intellectual property disputes. Graeme Austin and Larry Helfer's Human Rights and Intellectual Property offered a framework by which to resolve claims for or against intellectual property protection based on human rights arguments; Susy Frankel has extensively assessed the application of customary international rules of interpretation in furtherance of a rationalizing approach to complex IP conflicts; and Jerry Reichman. Paul Uhlir. and Tom Dedeurwaerdere have …

A More Acceptable Solution: The Proposed European Union Agency Of Asylum And Refugees, Sarah Katz

Case Western Reserve Journal of International Law

This Note details the improvements that should be made to a recent proposal submitted by a group of scholars to the European Parliament. The scholars have suggested that the European Union create an independent organization to process asylum applications and to deal with refugee issues in the European Union. This Note agrees with this central proposal, but fleshes out more details that are missing from this initial proposition. The five aspects of refugee processing are detailed in turn: (1) defining a refugee; (2) assigning responsibility for dealing with asylum claims; (3) reception conditions; (4) temporary protection; and (5) long-term residence …

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Since shortly after 9/11, weaponized drones have be-come part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster

Scholarly Articles in Law Reviews & Journals

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.

A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Using Global Migration Law To Prevent Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty-the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol).' Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable-if not encourage -the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights …

Academy On Human Rights And Humanitarian Law Articles And Essays On Extractive Industries And Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pnzon

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 2016 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.

Using A Shield As A Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

The starting point for this paper is that IOs are as subjects of international law. Since IOs do not control territory or a population and so always operate within the jurisdiction of one of their member states, they are vulnerable to interference by their member states. In order to mitigate this risk, IOs have been granted qualified immunity, usually referred to as functional immunity, from the jurisdiction of their member states. For most of the twentieth century, this grant of functional immunity made sense for two reasons.

First, the founding states envisaged that IOs would have limited capacity to act …