Comparative and Foreign Law Commons^™

Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg

ILSA Journal of International & Comparative Law

The United Nations (U.N.) was formed as World War II was ending with the lofty goal of preventing the scourge of war from ever again engulfing the world in global conflict.

The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone

ILSA Journal of International & Comparative Law

Eight or nine years ago the American Bar Association honored the then President of Romania, Emil Constantinescu, at a luncheon during its annual meeting in Atlanta.

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'

Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.

ILSA Journal of International & Comparative Law

"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.

Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari

ILSA Journal of International & Comparative Law

Over the last decade the use of social networking sites has swept the nation by providing users with the ability to "interact, connect, reconnect, communicate, and collaborate in various ways-such as through audio, words, pictures, or video-with friends, family, acquaintances, professional colleagues, and others."'

The Trillion- Dollar Question: Can Greece Be Saved?, Dominique Venetsanopoulos

ILSA Journal of International & Comparative Law

What was once called the cradle of Western civilization is now known as the cradle of crisis.

Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson

ILSA Journal of International & Comparative Law

Water is used in ceremonies or as a symbol in nearly every religious community.

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

On behalf of the Republic of Aprophe ("the Applicant") and the Federal Republic of Rantania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand eleven.

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The present dispute concerns the Mai-Tacao Temple ["the Temple"] complex, located on the border of the parties to these proceedings, the Republic of Aprophe ["Aprophe"], the Applicant in these proceedings, and the Federal Republic of Rantania ["Rantania"], the Respondent.

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The Republic of Aprophe ("Aprophe") and the Federal Republic of Rantania ("Rantania") hereby submit the present dispute to the International Court of Justice ("I.C.J.") pursuant to Article 40(1) of the Court's Statute, in accordance with the Compromis for submission to the I.C.J. of the differences concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand and eleven. Both States have accepted the jurisdiction of this Court pursuant to Article 36(1) of its Statute and Article XXV of the Peace Agreement of 1965.

Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Florida's First Constitution, M C. Mirow

Faculty Books

The central square of St. Augustine, Florida, the Plaza de la Constitución, is not named for the United States Constitution. Instead, its name comes from Florida’s first constitution, the Spanish Constitution of Cádiz of 1812. Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this constitution. The Constitution of Cádiz was the first truly transatlantic constitution because it applied to the entire Spanish empire, of which St. Augustine and Pensacola were just a part. It was drafted by representatives from …

Honor As Property, Johanna E. Bond

Scholarly Articles

This Article is the first to use a property lens to explore the social construction of honor within legal systems around the world. The Article makes the claim that the law in many countries has implicitly treated honor as a form of property and has made legal and social allowances for men who seek to reclaim honor property through violence. The Article expands the boundaries of the existing scholarship concerning honor-related violence by exploring the intersections between social constructions of honor and social constructions of property. Using a property lens to analyze the relationship between honor, patriarchal control, and law …

The Reality Of Social Rights Enforcement, David Landau

Scholarly Publications

Despite the lack of socio-economic rights in the U.S. Constitution and the absence of political will to enforce them, the vast majority of constitutions around the world now include these rights, and courts are enforcing them in increasingly aggressive and creative ways. Scholars have produced a large and theoretically rich literature on the topic. Virtually all of this literature assumes that social rights enforcement is about the advancement of impoverished, marginalized groups. Moreover, the consensus recommendation of that literature, according to scholars like Cass Sunstein and Mark Tushnet, is that courts can enforce socio-economic rights hut should do so in …

The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich

Faculty Working Papers

This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …

Litigating Palestine Before International Courts And Tribunals: The Prospects Of Success And Perils Of Failure, Victor Kattan

UC Law SF International Law Review

This Article examines the claim that United Nations (UN) membership will improve Palestine's ability to have recourse to international courts and tribunals. With the exception of seeking an advisory opinion from the International Court of Justice (ICJ) upon a referral from the UN General Assembly or as a result of a request from a specialized agency, Palestine must be a state in order to become a party to the ICJ in a contentious case and in order to accede to the Statute of the International Criminal Court (ICC). Because admission to the UN is based on the assumption that the …

Reporters As Refugees: Applying United States Asylum Laws To Persecuted Journalists In Mexico, Katy Mann

UC Law SF International Law Review

In 2010, Jorge Luis Aguirre became the first known journalist from Mexico to receive asylum in the United States. Aguirre, like many of his colleagues, had received several threats to his life for reporting on the drug-related violence and government corruption in Mexico. In fact, since Felipe Calderon assumed the presidency in Mexico in December 2006, more than thirty journalists in the country have been murdered or have disappeared. Faced with the possibility of becoming the next casualty in the ongoing drug war, several Mexican journalists have fled to the United States to apply for asylum.

Although the United States …

The Nonjusticiability Of Palestine: Human Rights Litigation And The (Mis)Application Of The Political Question Doctrine, Gwynne Skinner

UC Law SF International Law Review

The Political Question Doctrine is a problematic and an often misused doctrine that prevents courts from fulfilling their Article III responsibilities. Nowhere is this misuse more prevalent than in human rights cases involving Palestine, and in particular, human rights cases alleging misconduct by the Israeli government or officials. This Article discusses in detail courts' decisions regarding the Political Question Doctrine raised in human rights litigation, and analyzes courts' decisions in such cases involving Palestine. It notes the stark difference in both outcome and analysis regarding cases against the PLO, Arab Bank, or others acting in Palestinian interests - all of …

A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker

Faculty Publications

This article describes how the author integrated comparative and international law lessons into a first year course on U.S. Constitutional Law. This version of a paper originally submitted to the International Association of Law Schools Conference on Comparative Constitutional Law in 2009, has been enriched by adding citations and references to relevant papers of other conference participants. The article includes a review of the literature on teaching comparative constitutional law, basic pedagogical theory, a bibliography, some practical advice and a set of four lessons on the themes of judicial review, transnational interpretation, affirmative action and reproductive rights, complete with discussion …