How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011),
2011
The John Marshall Law School, Chicago
How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Grotian Moment: Changes In The Legal Theory Of Statehood,
2011
Cleveland-Marshall College of Law, Cleveland State University
A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio
Law Faculty Articles and Essays
This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de …
The Pluralism Of International Criminal Law,
2011
Elisabeth Haub School of Law at Pace University
The Pluralism Of International Criminal Law, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This Article develops a pluralistic account of substantive international criminal law (ICL). Challenging the dominant assumption among theorists and practitioners, it argues that the search for consistency and uniformity in ICL is misguided, that the law applicable to international crimes should not be the same in all cases, and that those guilty of like crimes should not always receive like sentences. In lieu of a one-size-fits-all criminal law, this Article proposes a four-tiered model of ICL that takes seriously the national laws of the state or states that, under normal circumstances, would be expected to assert jurisdiction over a case. …
Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty. Edited By Lucie E. White And Jeremy Perelman. Stanford, Ca:Stanford University Press, 2010 [Book Review],
2011
Duquesne University
Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty. Edited By Lucie E. White And Jeremy Perelman. Stanford, Ca:Stanford University Press, 2010 [Book Review], Dana Neacsu
Law Faculty Publications
This is a book review of Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty. Lucie E. White and Jeremy Perelman (eds.). Stanford, CA: Stanford University Press, 2010. PP.280. ISBN 9780804769198. US$70.00 International Journal of Legal Information, 39, pp. 101-103.
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr,
2011
American University Washington College of Law
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean
American University International Law Review
No abstract provided.
The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict,
2011
Duke Law School
The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Convention On The Rights Of Persons With Disabilities,
2011
Harvard Law School
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord
Articles
No abstract provided.
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions,
2011
WilmerHale
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger
NYLS Law Review
No abstract provided.
Introduction To The Environmental Law And Justice Symposium Issue,
2011
Florida A & M University College of Law
Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs
Florida A & M University Law Review
No abstract provided.
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect,
2011
University of Michigan Law School
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
Michigan Journal of International Law
The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …
An Unintended Casualty Of The War On Terror,
2011
University of Colorado Law School
An Unintended Casualty Of The War On Terror, Aya Gruber
Publications
As the dust of the Bush administration's war on terror settles, casualties are starting to appear on the legal battlefield. The United States' human rights reputation and the Supreme Court's international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture, suborning indefinite detention, and erecting irregular tribunals. Through declining citation, the courts of the world are telling the Supreme Court that if it does not respect international and foreign law, international and foreign courts will not respect it. Some might object that the Supreme Court should not be lumped with the Bush administration …
Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women,
2011
Florida A&M University College of Law
Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard
Journal Publications
No abstract provided.
Benevolent Assistance Or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development,
2011
Florida A & M University College of Law
Benevolent Assistance Or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown
Journal Publications
This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic material, security and social needs -from conceptual template to a binding normative framework under international law. As the poorest state in the western hemisphere, but also the recipient of significant influxes of foreign aid, Haiti exemplifies the underdevelopment dilemma. For despite the large sums of aid …
International Adoption: A Way Forward,
2011
Harvard Law School
International Adoption: A Way Forward, Elizabeth Bartholet
NYLS Law Review
No abstract provided.
Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States,
2011
Skadden, Arps, Slate, Meagher & Flom LLP
Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner
NYLS Law Review
No abstract provided.
Refugee Law And Policy: A Comparative And International Approach,
2011
University of New Mexico - School of Law
Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell
Faculty Book Display Case
The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. …
Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention,
2011
Vanderbilt University Law School
Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane
Vanderbilt Journal of Transnational Law
This Article provides a critical appraisal of the newly adopted African IDPs Convention. In particular, it offers a detailed analysis of the Convention's transformation of the UN Guiding Principles into legally binding rules for the management of the phenomenon of internal displacement in Africa. By definition, internally displaced persons (IDPs) are persons who have not crossed international frontiers and are citizens of the state within which they find themselves. Although their conditions may be similar to refugees, who are necessarily aliens to the host community, their legal status is not analogous. At the most basic level, there is no doctrinal …
From Ideology To Pragmatism: China's Position On Humanitarian Intervention In The Post-Cold War Era,
2011
Vanderbilt University Law School
From Ideology To Pragmatism: China's Position On Humanitarian Intervention In The Post-Cold War Era, Jonathan E. Davis
Vanderbilt Journal of Transnational Law
This Article fills a gap in the literature by examining in depth China's state practice and official pronouncements in respect of nine post-Cold War cases typically cited by academics when considering the international legal status of humanitarian intervention. The majority of today's commentary and scholarship holds that the People's Republic of China's position on sovereignty and intervention remains inflexible and absolutist, much as it was for the PRC's first four decades. This Article contends that this view is outdated and overly simplistic: while China continues to champion a strong conception of state sovereignty in interstate relations, it has signaled a …
A New Standard For Evaluating Claims Of Economic Persecution Under The 1951 Convention Relating To The Status Of Refugees,
2011
Vanderbilt University Law School
A New Standard For Evaluating Claims Of Economic Persecution Under The 1951 Convention Relating To The Status Of Refugees, Lauren M. Ramos
Vanderbilt Journal of Transnational Law
The United Nations Convention and Protocol Relating to the Status of Refugees define the requirements for qualification as a "refugee" and the protection that should be afforded to qualifying persons. Satisfying the Convention definition of refugee usually qualifies a person for asylum; thus, interpretation of its requirements can determine whether an alien is able to escape alleged persecution in his or her country of origin. Currently, 147 countries are parties to the Convention, the Protocol, or both, including the United States. In order to qualify for refugee status, an asylum seeker must prove a well-founded fear of persecution. However, the …
Forced To Flee And Forced To Repatriate? How The Cessation Clause Of Article 1c(5) And (6) Of The 1951 Refugee Convention Operates In International Law And Practice,
2011
Vanderbilt University Law School
Forced To Flee And Forced To Repatriate? How The Cessation Clause Of Article 1c(5) And (6) Of The 1951 Refugee Convention Operates In International Law And Practice, Marissa E. Cwik
Vanderbilt Journal of Transnational Law
The purpose of refugee law is to provide international protection for vulnerable people who are denied state protection. In fulfilling this purpose, the United Nations High Commissioner for Refugees (UNHCR) and asylum states have different legal foundations and implementing materials. When terminating refugee status and protection under the 1951 Refugee Convention Relating to the Status of Refugees, the obligations and legal authorities of UNHCR and asylum states differ. The UNHCR implementing statute allows the facilitation of voluntary repatriation when refugees can return in safety and with dignity. In contrast, host states are able to mandate repatriation when a change in …
