International Law Commons^™

Wrongful Extradition: Reforming The Committal Phase Of Canada’S Extradition Law, Robert Currie

Articles, Book Chapters, & Popular Press

There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to …

Book Review: Research Handbook On Transnational Crime, Robert Currie

Articles, Book Chapters, & Popular Press

No abstract provided.

Book Review: The Right To A Fair Trial In International Law, Robert Currie

Articles, Book Chapters, & Popular Press

No abstract provided.

Regulating Wave, Tidal And Ocean Thermal Energy, Meinhard Doelle, Theodore Nsoe Adimazoya

Articles, Book Chapters, & Popular Press

Ocean renewable energy sources hold the potential to contribute to the options of low-carbon energy sources and enhance the efforts by the global community to slow down climate change. In this Chapter, we provide a brief background on the current state of technology and development of wave, tidal and ocean thermal energy and consider their potential as forms of renewable energy as well as the potential negative environmental footprints of ocean renewable energy installation and development. Secondly, we examine the relevant international legal and policy framework governing ocean energy, highlighting in particular, the absence of a global legal instrument that …

Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

This article assesses what benefit losers of high-stakes national elections think they will get from petitioning international courts in Africa. We seek to establish how judicial intervention differs before an election when there is a risk of an international law violation, versus after an election has occurred and the result is viewed as flawed. We address these questions by drawing on a set of disputes decided by international courts in Africa in the African Court, the Economic Community of West African States (“ECOWAS”) Community Court of Justice, and the East African Court of Justice. We supplement our analysis by discussing …

Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie

Articles, Book Chapters, & Popular Press

Good lawyering, then, is required to maintain the fairness of trials, but good lawyering requires effective tools that can assist counsel in helping the contours of fairness be made apparent and cognizable before domestic courts. Translating international human rights law for the purposes of domestic application, in particular, is by no means an easy task, but this new text – The Right to a Fair Trial in International Law – provides lawyers with a formidable resource.

The Fallacy Of Consent: Should Arbitration Be A Creature Of Contract?, Fabio Núñez Del Prado

Emory International Law Review

Arbitration is a creature of contract. This paradigm is so basic that it is accepted in all the States of the world. Nevertheless, arbitration is perceived as the most suitable method for the settlement of commercial disputes. Virtually all commercial disputes are resolved through arbitration. The natural order of things has been reversed. In commercial matters, at least, arbitration is the rule, and courts the exception. Why is it, then, that parties must opt in for a solution which appears as the most natural one in the community? I propose to question this default rule and propose an extreme shift: …

The Sovereign Citizen Movement: A Comparative Analysis With Similar Foreign Movements And Takeaways For The United States Judicial System, Mellie Ligon

Emory International Law Review

The Moorish Sovereign Citizens Movement began as an offshoot of the overarching Sovereign Citizens Movement in the United States in the 1990s by former followers of the Washitaw Nation and Moorish Science Temple of America. The Moorish Sovereign Citizens Movement follows an anti-government ideology, based in the idea the current American government is illegitimate and has been operating under false pretenses since as early as the 19th century. Though disagreement among the members of the movement regarding what spurred this covert change from a legitimate to an illegitimate government exists, examples of the different catalysts include the U.S. abandonment of …

Constitutional Crises Compared: Impeachment, Brexit, And Executive Accountability, René Reyes

Emory International Law Review

The United States and the United Kingdom share a common legal history and a number of fundamental constitutional values. Some of these fundamental values may occasionally come into conflict. For example, in 2019, both the United States and the United Kingdom experienced considerable legal and political upheaval as debates over the scope of executive power and the accountability of the executive branch came to the fore. In the United States, these debates culminated in the impeachment of President Donald Trump for abuse of power and obstruction of Congress. In the United Kingdom, the furor focused on Prime Minister Boris Johnson’s …

With Our Feet To The Fire: Regional Agreements As Mechanisms Of Changing International Law To Include Persons Displaced By Climate Change, Danna Yu

Emory International Law Review

With sea levels rising and large-scale natural disasters becoming more frequent because of climate change, there is an increasing number of people who have been or will inevitably displaced out of their country of origin. The current international definition of “refugee” and its application in New Zealand with the Teitiota family case prevent people fleeing their home countries due to the effects of climate change from availing themselves of protections given to traditional “refugees,” though there have been regional expansions of the traditional definition. Recently, there has been movement in the global community via the Refugee Compact and the Migrant …

Israel And The Territorial Integrity Of States, Johan D. Van Der Vyver

Emory International Law Review

The territorial integrity of States has come to be accepted as a fundamental principle of international law. The secession of a region from an existing State will be accepted in very special circumstances, but the acquisition of a territory that is included within the national borders of a State is strictly prohibited. The territorial integrity of Palestine is the central theme of this Article. The establishment of Israeli settlements in Palestine and the construction of a wall/fence by Israel within Palestinian territories has been condemned in terms of the Geneva Conventions of 12 August 1949 and by an advisory opinion …

Corporate Commitment To International Law, Jay Butler

Faculty Publications

Corporations are increasingly important actors in international law. But vital questions underlying this development have long gone unanswered: How and why do corporations commit to international law?

This article constructs a general account of business interaction with international legal obligation and suggests that a gateway to demystifying this persistent puzzle lies in corporate opinio juris.

Corporate opinio juris describes a company's subscription to a rule of international law, even though the company is not technically bound by that rule. This subscription functions as a kind of pledge that, once made, has sway over the company and its peers and symbiotically …

Sovereignty 2.0, Anupam Chander, Haochen Sun

Georgetown Law Faculty Publications and Other Works

Digital sovereignty—the exercise of control over the internet—is the ambition of the world’s leaders, from Australia to Zimbabwe, a bulwark against both foreign state and foreign corporation. Governments have resoundingly answered first-generation internet law questions of who if anyone should regulate the internet—they all will. We now confront second generation questions—not whether, but how to regulate the internet. We argue that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy’s dreaded antagonist. As international law scholar Louis Henkin taught us, sovereignty can insulate a government’s worst ills from foreign intrusion. Assertions of digital sovereignty, in particular, …

Media Freedom And Technological Change, Vivek Krishnamurthy, Mark Latonero, Rachel Kuchma, Elif Nur Kumru, Geneviève Plumptre

Publications

No abstract provided.

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …

Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie

Publications

No abstract provided.

Copyright And Disability, Blake E. Reid

Publications

A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.

Material Support Prosecutions And Their Inherent Selectivity, Wadie E. Said

Publications

No abstract provided.

The Destabilizing Effect Of Terrorism In The International Human Rights Regime, Wadie E. Said

Publications

This Article explores the counterterrorism apparatus maintained by the United Nations from a critical perspective. It argues that the international counterterrorism regime reflects American and European priorities and structures to a significant degree, a situation that positions the threat of Islamist terrorism as preeminent. The existence of this regime results in significant distortion to concepts and laws governing citizenship, national security, and civil liberties, not to mention overstating the threat of terrorism itself. Further, there is a clear racial component in linking the terrorist threat to Islam itself, the majority religion in many countries of the Global South, specifically those …

Amicus Brief By Amnesty International And Others, Mark Gibney, Gamze Erdem Türkelli, Ashfaq Khalfan, Paula Litvachky, Ana María Suárez Franco, Sara L. Seck, Sigrun Skogly, Nicolás Carrillo-Santarelli, Jernej Letnar Černič, Tom Mulisa, Nicholas Orago, Wouter Vandenhole, Jingjing Zhang

Reports & Public Policy Documents

On September 2, 2020, six Portuguese youth filed a complaint with the European Court of Human Rights against 33 countries. The complaint alleges that the respondents have violated human rights by failing to take sufficient action on climate change, and seeks an order requiring them to take more ambitious action.

The complaint relies on Articles 2, 8, and 14 of the European Convention on Human Rights, which protect the right to life, right to privacy, and right to not experience discrimination. The complainants claim that their right to life is threatened by the effects of climate change in Portugal such …