International Law Commons^™

Customary International Law: An Instrument Choice Perspective, Laurence R. Helfer, Ingrid B. Wuerth

Michigan Journal of International Law

This Article proceeds as follows. Part II begins by considering custom’s design features, which the authors distinguish from the canonical elements of custom (state practice and opinio juris) and the individual doctrines associated with CIL. Specifically, they contend that, as an ideal-type, custom is non-negotiated, unwritten, and universal, three characteristics that distinguish CIL from both treaties and soft law, which are almost always negotiated, written, and rarely universal either in formation or application. These design features help to explain some of custom’s peculiar doctrinal characteristics, and they cut across the doctrinal divide which is said to distinguish “traditional” and …

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Michigan Journal of International Law

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? We contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, we reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and Western perspectives, …

Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle

War Crimes Memoranda

No abstract provided.

Victims Who Victimise, Mark A. Drumbl

Scholarly Articles

How to speak of the agency of the oppressed to harm others in times of atrocity? This article juxtaposes Holocaust literature (Levi, Frankl, Kertesz, Ka-Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court.

The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie

Faculty Publications

In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …

Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema

UC Law SF International Law Review

No abstract provided.

Liability For Damage Caused By Small Satellites—A Non-Issue?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Small satellites have become a welcome addition to the existing tools to benefit from space applications—they are relatively simple and cheap to construct, and being small, relatively cheap to launch as well, as secondary payloads on launch vehicles where the primary payload may not take up all of the (often standardized) payload bay capacity. As they, moreover, usually orbit for relatively short times in low trajectories before burning up in the atmosphere, they might not seem to pose major or even merely realistic liability risks.

As a consequence, sometimes the issue of liability for damage caused by small satellites has …

Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young

Cybaris®

No abstract provided.

Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article posits a new taxonomy and framework for assessing regulatory coherence in the new generation of mega-regional, cross-cutting free trade agreements. Using the Trans-Pacific Partnership as the primary example, this article situates the rise of regulatory coherence within the current trade landscape, provides clear definitions of regulatory coherence, and argues that the real engine of regulatory coherence lies in the work of international standard setting organizations. This work has been little examined in the current literature. The article provides a detailed examination of the mechanics by which the Trans-Pacific Partnership promotes regulatory standardization and concludes with some normative implications …

Keynote: Encouraging This Particular Form Of (Very Fun) Madness - Roles For Deans & Faculty Members, Martin J. Katz, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This keynote address discusses the ways in which faculty and administrators can facilitate experiential learning in transactions classes.

From Rio To Paris: What Is Left Of The 1992 Declaration On Environment And Development, Francesca Francioni

Intercultural Human Rights Law Review

This paper has a dubitative title. And this is for a good reason. It is meant to introduce the critical perspective in which I propose to assess the legacy of the 1992 Rio Declaration after almost a quarter of a century from its adoption. This retrospective outlook, it is hoped, may help assess the progress, if any, that international law has made in this field, at a time when we are facing the challenge of implementing the 2015 Paris agreement on climate change.

International Law Concentration Requirements, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Son Los Inmigrantes Cubanos Injustamente Favorecidos En Comparacion Con Inmigrantes De Otras Nacionalidades? La Comprension De La Realidad Comunista En Cuba Y La Legitimidad De La Ley De Ajuste Cubano, Leslie Perez Perez

ILSA Journal of International & Comparative Law

Creemos que el pueblo cubano ser libre de toda tirania

From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris

UIC Review of Intellectual Property Law

This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon

Osgoode Legal Studies Research Paper Series

The authors argue that while both Multilateral Development Banks (MDBs) and national governments have mechanisms to fight corruption, the outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction Small and Medium Enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. The article examines the enforcement objectives articulated in national legislation, namely the American Foreign and Corrupt Practices Act and its Canadian counterpart (the CFPOA) as well as several Canadian cases, on the one hand, and …

Consult, Consent And Veto: International Norms And Canadian Treaties, Shin Imai

Osgoode Legal Studies Research Paper Series

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the creation of small reserves for the Indians, and the “surrender” of the remaining tracts of land to the Crown. The land that is “surrendered” continues to be available for Indigenous hunting, fishing and harvesting activities. However, once the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement, the treaty rights to hunt, fish and …

Religious Law And Women's Human Rights: Reflections Upon The African Human Rights System, Julia L. Ernst

UC Law SF International Law Review

In many countries, governments have permitted the application of religious laws and have delegated judicial authority to religious courts. These practices may violate women's human rights for at least four reasons. First, women are barred from leadership positions within many religious institutions, and are therefore prevented from helping interpret the religious precepts and develop the law that is being applied by the religious courts. This exclusion of women violates their right to participate in governance, democracy, and decision-making, which are essential components of law-making. Second, women are excluded from serving as judges on religious courts, thereby calling into question the …

Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode

UC Law SF International Law Review

No abstract provided.

Cultural Factors And Ethical Integrity, Jessica Vapnek

UC Law SF International Law Review

No abstract provided.

Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner

UC Law SF International Law Review

No abstract provided.

Building Judicial Integrity In China, Hualing Fu

UC Law SF International Law Review

No abstract provided.

Independence Of Bulgarian Judges, Evgeni Georgiev

UC Law SF International Law Review

No abstract provided.

Capturing The Insights: Commonalities And Differences, Naomi Roht-Arriaza

UC Law SF International Law Review

No abstract provided.

A Comparative Perspective: Recognition Of The Continuous Injury Trigger In Insurance Law In The United States And The United Kingdom, Emalie Diaz Sundale

UC Law SF International Law Review

The standard Commercial General Liability coverage form obligates an insurer to indemnify the insured for bodily injury and property damages caused by an "occurrence" during the policy period. The form defines "occurrence" as "an accident, including continuous or repeated exposure to substantially the same harmful condition." When an injury occurs over a period of time, questions arise in pinning down a precise moment when such a continuous injury begins. The question of whether the resulting injury is covered under a given insurance policy, or, whether the insurance policy has been "triggered," vexes courts in the United States and the United …

Victims, Violence, And Voice: Transitional Justice, Oral History, And Dealing With The Past, Anna Bryson

UC Law SF International Law Review

Transitional justice is concerned with the legal and social processes established to deal with the legacy of violence in post-authoritarian and post-conflict contexts. The interview-in different guises, contexts and settings-is at the heart of most transitional justice processes. Prosecutorial mechanisms, truth recovery commissions, assessments for reparations, applications for amnestyall of these and more are fueled by the art of one human being interviewing another and then presenting or "re-presenting" the material recorded, to make it "fit" with the broader transitional goals of a particular institution. Most transitional justice institutions are, in the final analysis, "creatures of law." They are typically …

More Behavioral Vs. More Economic Approach: Explaining The Behavioral Divide Between The United States And The European Union, Philipp Hacker

UC Law SF International Law Review

While U.S. courts and regulatory agencies have set sail towards what may be dubbed a "more behavioral approach," their European counterparts still navigate the charted waters of a neoclassical "more economic approach," as first advocated in E.U. competition law. This paper claims that this "behavioral divide" can be explained by a theory of social norms and expectations.

Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida

UC Law SF International Law Review

No abstract provided.

Will Prime Minister Abe's Womenomics Break Glass Ceilings In Japan, Hiroko Goto

UC Law SF International Law Review

No abstract provided.

Participatory Democracy In Eu And Australia International Investment Law Policy Processes, James Day

The University of Notre Dame Australia Law Review

This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies. …