International Law Commons^™

A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais

Scholarly Articles in Law Reviews & Journals

Yemen's 2013-2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related to …

Luxembourg Judicial Style With Or Without The Uk, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

“Were the Court to leave the world, the world would continue without our participation,” 1 writes Justice Breyer to explain that global constitutionalism will survive regardless of the more or less isolationist role that the US Supreme Court chooses for itself. In an era of increasing relevance of international treaties, Breyer explains, the Supreme Court has acquired a deeper knowledge of other legal systems and its judges welcome exchanges with foreign judges, bar associations and students.2 The parallel with the US context is that even if the United Kingdom leaves the EU and “Brexit means Brexit,” in its harder or …

The International Law Of Secession And The Protection Of The Human Rights Of Oppressed Sub-State Groups: Yesterday, Today And Tomorrow, Obiora C. Okafor

Articles & Book Chapters

This paper focuses on significant patterns/features in the historical development of the international law of secession and its contribution over time (or the lack thereof) to the struggle to afford greater protection to oppressed sub-state groups the world over. It was Crawford Young who once observed that “the state as an analytical quarry is an elusive and complex prey.” With the necessary modifications, this observation applies with almost equal force to the international law of secession. Complexity and confusion loom too large in this area of international law. For example, there is, at best, little clarity in the literature of …

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

American University International Law Review

No abstract provided.

Promoting Domestic Accountability For Conflict-Related Sexual Violence: The Cases Of Guatemala, Peru, And Colombia, Daniela Kravetz

American University International Law Review

No abstract provided.

On The Civil-Ness Of Civil War: A Comment On David Armitage's Civil War Time, Mary Dudziak

American University International Law Review

No abstract provided.

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Publications

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …

The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh

University of Baltimore Law Review

More than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a military, …

Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein

All Faculty Scholarship

Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address …

Taking The First Bite: Who Should Tax Apple's $187 Billion In Ireland, Reuven S. Avi-Yonah, University Of Michigan Law School

Articles

On December 19, 2016, the European Commission (hereinafter “Commission”) published its final decision in the Apple State aid case. The Commission concluded that two tax rulings granted in 1991 and 2007 on the allocation of profits to the Irish branches of Apple Sales International (“ASI”) and Apple Operations Europe (“AOE”) amounted to illegal state aid, and ordered Ireland to immediately recover this aid from Apple. The key issue in the Apple decision is where Apple’s foreign income ($187 billion, as of 2016) should be regarded as being generated. In the authors’ opinion, there is almost no basis for any argument …

A Model-Law Approach To Sovereign Debt Restructuring, Steven L. Schwarcz

Faculty Scholarship

Unresolved sovereign debt problems are hurting debtor nations, their citizens and their creditors, and also can pose serious systemic threats to the international financial system. The existing contractual restructuring approach is insufficient to make sovereign debt sustainable. Although a more systematic legal resolution framework is needed, a formal multilateral approach, such as a treaty, is not currently politically viable.

An informal model-law approach should be legally, politically and economically feasible. Individual countries could enact the proposed model law as their domestic law. Because most sovereign debt contracts are governed by either New York or English law, it would be especially …

Sovereign Debt And The “Contracts Matter” Hypothesis, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The academic literature on sovereign debt largely assumes that law has little role to play. Indeed, the primary question addressed by the literature is why sovereigns repay at all given the irrelevance of legal enforcement. But if law, and specifically contract law, does not matter, how to explain the fact that sovereign loans involve detailed contracts, expensive lawyers, and frequent litigation? This Essay makes the case that contract design matters even in a world where sovereign borrowers are hard (but not impossible) to sue. We identify a number of gaps in the research that warrant further investigation.

Differing Perceptions? Market Practice And The Evolution Of Foreign Sovereign Immunity, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The 20th century witnessed a transformative, “tectonic” shift in international law, from “absolute” to “restrictive” theories of sovereign immunity. As conventionally understood, however, this dramatic transformation represented only a shift in the default rule. Under absolute immunity, national courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were presumptively not immune when they engaged in commercial acts. We demonstrate that market practices undermine this conventional understanding. Using an extensive, two-century data set of contracts between foreign governments and private creditors, we show that contracting parties have long treated absolute …

Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero

Honors Undergraduate Theses

This Thesis investigates the French asylum seeker legal framework and refugee integration effects based on evidence in government data, non-governmental organizations, and external sources. Specifically, the policies of the protected rights of asylum seekers from history to modern day in relation to its efficiency and respect to human rights. Despite the development of past models through reforms, some shortcomings and discrepancies still exist that adversely affect asylum rights and responsibility sharing among EU nations. A potential system that benefits the applicant in addition to the host country is possible by implementing a model that takes into consideration asylum preferences, socioeconomics, …

Should The United States Withdraw Its Cisg Article 95 Declarations, Peter Winship

The International Lawyer

No abstract provided.

Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr

War Crimes Memoranda

No abstract provided.

Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa

War Crimes Memoranda

No abstract provided.

The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford

War Crimes Memoranda

No abstract provided.

Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin

War Crimes Memoranda

No abstract provided.

The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi

War Crimes Memoranda

No abstract provided.

What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah

War Crimes Memoranda

No abstract provided.

In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner

War Crimes Memoranda

No abstract provided.

Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing

War Crimes Memoranda

No abstract provided.

Unravelling Power Dynamics In Organizations: An Accountability Framework For Crimes Triggered By Lethal Autonomous Weapons Systems, Tetyana Krupiy

Loyola University Chicago International Law Review

No abstract provided.

The Protection Of Cultural Heritage By International Law In Armed Conflict, Waseem Ahmad Qureshi

Loyola University Chicago International Law Review

No abstract provided.

United Nations Peacekeepers: Unchecked And Unaccountable, Benjamin Horwitz

Loyola University Chicago International Law Review

No abstract provided.

The Hybrid Court Of South Sudan: Progress Towards Establishment And Sustainable Peace, Elizabeth Watchowski

Loyola University Chicago International Law Review

No abstract provided.

Formulary Apportionment And International Tax Rules, Reuven S. Avi-Yonah, Zachee Pouga Tinhaga

Book Chapters

Any proposal to adopt unitary taxation (UT) of multinationals has to contend with whether such taxation is compatible with existing international tax rules, and, in particular, with the bilateral tax treaty network. Indeed, some researchers have argued that the separate accounting (SA) method and the arm’s length standard (ALS), introduced in the early twentieth century, are so embodied in the treaties that they form part of customary international law, and are binding even in the absence of a treaty. We disagree, because the unitary approach is just as widely embodied in most of the current international tax treaties, and, where …

War/Crimes And The Limits Of The Doctrine Of Sources, Steven R. Ratner

Book Chapters

International humanitarian law (IHL) and international criminal law (ICL) are the product of lawmaking processes that are not captured in the black-letter doctrine of sources under which Article 38 of the ICJ Statute is the rule of recognition for international law. Despite efforts by certain institutional players and scholars to place these two regimes squarely within Article 38, both remain distinct in terms of how actors determine whether a purported rule is a legal rule. These distinctions constitute a challenge to the idea of a unified rule of recognition and argue instead for looking for indicators (not rules) about a …