International Law Commons^™

Innovating To Restrain The Use Of The Veto In The United Nations Security Council, Amb. Christian Wenaweser, Sina Alavi

Case Western Reserve Journal of International Law

"Below we outline two innovations – one already implemented, and the other in the process of being officially presented to the UN membership – that have the potential to help restrain the [mis]use of the veto by permanent members of the Security Council. They both acknowledge the existence of the veto, and rather than aiming for its abolition they aim to bring its use more in line with the intentions of the drafters of the UN Charter."

(Code of Conduct (Security Council action on genocide, crimes against humanity, and war crimes) and General Assembly action when the veto is (mis-)used)

Crime As Cognitive Constraint: Facebook's Role In Myanmar's Incitement Landscape And The Promise Of International Tort Liability, Jenny Domino

Case Western Reserve Journal of International Law

"Is Facebook’s role in the spread of incitement in Myanmar criminal? In 2018, the United Nations Independent International Fact-Finding Mission on Myanmar (FFM) described Facebook’s “significant role” in the spread of incitement to discrimination and violence against Myanmar’s Rohingya Muslims.2 Although the FFM described in detail the speakers’ responsibility for the Facebook posts, the precise nature of Facebook’s responsibility in moderating (or failing to moderate) harmful content was unclear."

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Dr. Paul R. Williams

Case Western Reserve Journal of International Law

Klatsky Endowed Lecture on Human Rights by Dr. Paul R. Williams

"Thank you to Case Western Reserve University School of Law, and in particular Dean Michael Scharf, for providing me with the privilege of delivering the Klatsky Endowed Lecture on Human Rights. Thank you, Milena Sterio, for your wonderful introduction. It is my honor to receive the Cox International Law Center’s Humanitarian Award for Advancing Global Justice and join the inspiring array of international law scholars and practitioners who have received it in years prior. I am also pleased to have the opportunity to speak today to such an engaged …

Disinheriting Your Children: A "Non" "Non" In France, An Accepted Use Of Testimentary Freedom In America, Eva Saulnier

Case Western Reserve Journal of International Law

Inheritance law or—as called in Europe—private law was developed in the shadow of different historical, social, cultural, and economic circumstances. Consequently, countries adopted various characteristics for the disposition of property at death. But with today’s growing globalization, the national regulations’ differences are becoming a growing issue for multinational families.

This Note examines cross-border inheritance through the lens of a current multinational inheritance battle. The late French singer Johnny Hallyday’s testamentary documents disinheriting his two eldest children and asking for Californian law to be applied to his estate is currently being challenged. While freedom of testation and the testator’s intent are …

Elusive Justice: Reflections On The Tenth Anniversary Of Afghanistan's Law On Elimination Of Violence Against Women, Mehdi J. Hakimi

Northwestern Journal of Human Rights

The Taliban’s fall in 2001 elevated hopes for improving the plight of women and girls in Afghanistan. Those aspirations were bolstered with the promulgation of the country’s landmark Law on the Elimination of Violence against Women (EVAW) in 2009. The tenth anniversary of Afghanistan’s EVAW Law, however, offers little cause for celebration. This essay examines Afghanistan’s legal framework on combating gender-based violence against women, and the mounting challenges on the ground. The ongoing rampant violence against women, pervasive use of mediation in criminal cases, and violations perpetrated by State agents have made Afghan women’s quest for justice increasingly more elusive. …

Paradox Of Hierarchy And Conflicts Of Values: International Law, Human Rights, And Global Governance, Jootaek Lee

Northwestern Journal of Human Rights

In an international society, hierarchies are set up differently among different countries and societies based on different values, which are naturally conflicting and colliding with each other and result in unstable conditions. Is hierarchy really necessary in an international society? Does more hierarchical order in international society mean more peace? Do we need a supranational organization like the European Union whose laws can pierce state sovereignty and bind citizens of each member state? Does the United Nations need to be reformed to create an effective hierarchy, which will give international society more peace, security, and protection of human rights? This …

Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

As the title of this symposium reflects, a critically important dimension of the Tribunal's legacy is its role in understanding the war and genocide in Bosnia. In my remarks, I want to drill down on the word "understanding," one of the most complex facets of the ICTY's legacy. In brief, I will make four points. The first is that the ICTY's expected contribution to understanding the 1990s conflict in Bosnia and the atrocities associated with that conflict was deeply important to many individuals whom I have interviewed in Bosnia-Herzegovina, as well as in Serbia, about the ICTY's impact in their …

Preventing Trafficking Through New Global Governance, Janie Chuang

Scholarly Articles in Law Reviews & Journals

The year 2020 marks the twentieth anniversary of the United Nations (U.N.) Trafficking Protocol-a treaty that established the foundation for global efforts to address the problem of human trafficking.' That treaty offered an early framing of the problem as a transnational crime, best addressed through aggressive prosecution of traffickers and international cooperation to that end. Since the Protocol's adoption, global antitrafficking law and policy have evolved significantly. The once near-exclusive focus on the prosecution prong of the treaty's "3Ps" approach to trafficking- focused on prosecuting trafficking, protecting trafficked persons, and preventing trafficking-has given way to an increased emphasis on victim …

Contextual Accountability, The World Bank Inspection Panel, And The Transformation Of International Law In Edith Brown Weiss' "Kaleidoscopic World", David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

Despite persistent impunity for conflict-related sexual violence, there have been a limited number of significant cases holding perpetrators accountable within national justice systems. One of these cases is the Sepur Zarco case, in which two former military members were accused of committing acts of sexual violence, sexual slavery and domestic slavery near a military outpost in Sepur Zarco during the civil war in Guatemala. In a landmark verdict issued in February 2016, a Guatemalan court convicted the two accused, marking the first time a Guatemalan court has convicted former military members for acts of sexual violence committed in the context …

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams

Scholarly Articles in Law Reviews & Journals

On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …

Inter-American Commission On Human Rights' Observer At The Amia Bombing Trial, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2019 Human Rights Essay Award competition. A third winning essay will be included in Volume 35, Issue 3. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.

The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter

Cardozo Law Review de•novo

This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.

"Spain For The Spaniards": An Examination Of The Plunder & Polemic Restitution Of The Salamanca Papers, Emily T. Behzadi

Faculty Scholarship

Throughout the Spanish Civil War, General Francisco Franco assembled numerous task forces to seize thousands of documents, photographs, prints, and artworks from private citizens and institutions that were politically adverse to his totalitarian regime. The majority of these so-called “Salamanca Papers” were taken from Catalonia, an autonomous community with a particularly contentious history with the Spanish government. Under existing principles of Spanish and international law, it is difficult to determine whether the Spanish State or Catalonia are the bona fide owners of this historical archive. The case over the ownership of the Salamanca Papers is one rarely discussed outside of …

Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper

Faculty Scholarship

This Article explores the plight of the Aborigines of Taiwan and the legal protections that exist for their Traditional Knowledge. While Taiwan continues to face international isolation with a diminished number of states recognizing the Republic of China as the seat of China, the island's government has taken limited steps to recognize language, cultural, and economic rights of its Indigenous peoples. International law has not been helpful in protecting Traditional Knowledge, but Taiwan could use its vast economic resources and positive track record in protecting some of these rights to further its goals of international recognition. This Article details the …

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Overview: Will Great Power Politics Threaten Arctic Sustainability?, Yoon Hyung Kim, Oran R. Young, Robert W. Corell, Lawson W. Brigham, Jong Deog Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag

Reports & Public Policy Documents

The eight Arctic states (Canada, Denmark/Greenland, Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States) wish to maintain a position of preeminence when it comes to dealing with matters of Arctic Ocean governance. However, major non-Arctic states, while recognizing the sovereign rights of the coastal states in their economic zones and on their continental shelves, have growing interests in the maritime Arctic relating to activities such as commercial shipping, oil and gas development, fishing and ship-based tourism. They are increasingly claiming to have a legitimate interest in being consulted when it comes to addressing matters relating to the …

Chasing The Fruits Of Misery: Confronting The Historical Relationships Between Opioid Revenues, Offshore Financial Centers, And International Regulatory Networks, Stephen C. Wilks

Northwestern Journal of International Law & Business

As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. …