International Law Commons^™

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers

Scholarly Articles in Law Reviews & Journals

On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …

Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Internationalization Of Tax Disputes Issues And Options Of A Standing International Tax Court, Xueliang Ji

Cardozo International & Comparative Law Review

With the growing criticisms on the traditional investor-state arbitration mechanism, the European Union has proposed an innovative provision named the Investment Court System ICS, and it has introduced it in some significant bilateral investment treaties, like Comprehensive Economic and Trade Agreement CETA and Transatlantic Trade and Investment Partnership TTIP. In the meantime, as taxation is a component of the investment polies, the protection of the rights enjoyed by the foreign taxpayers matters as well. However, the current tax related dispute settlement methods also have several defects. This article attempts to incorporate the ICS in resolving tax related disputes and taking …

Global Networks And The Legal Profession, Laurel S. Terry

Faculty Scholarly Works

The importance of networks and the power of exponential growth within networks have become much more apparent to the world as a result of the COVID-19 pandemic. This Article addresses the topic of global legal profession networks. The introductory section provides information about our global economy and society that helps explain why global legal profession networks are valuable. It argues that global networks are beneficial for clients, lawyers, and other legal services stakeholders.

After introducing some of the scientific literature about networks in general and legal profession networks specifically, Section II identifies ways in which lawyers participate in global legal …

Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon

Barry Law Review

No abstract provided.

Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The …

The Private Law Critique Of International Investment Law, Julian Arato

Faculty Scholarship

No abstract provided.

Protecting Human Rights In African Countries: International Law, Domestic Constitutional Interpretation, The Responsibility To Protect, And Presidential Immunities, John Mukum Mbaku

South Carolina Journal of International Law and Business

In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violations of human rights. This renewed effort, however, was part of the struggle that started during the colonial period by Africans to free themselves from European domination and exploitation. Unfortunately, most post-independence African States failed to fully transform the critical domains and provide themselves with institutional arrangements capable of adequately constraining their civil servants and political elites. As a consequence, these countries came to be pervaded by high levels of government impunity, particularly the violation of human rights. During the last several decades, however, grassroots …

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii

Faculty Publications & Other Works

This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …

Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench

Case Western Reserve Journal of International Law

An introduction to the issue topics, ranging from U.S.-North Korean relations and its policies toward rogue states to immigration law and human rights in the U.S.

Elements Of Its Own Demise: Key Flaws In The Obama Administration's Domestic Approach To The Iran Nuclear Agreement, Jamil N. Jaffer

Case Western Reserve Journal of International Law

The article discusses the United States' eventual withdrawal by the U.S. from Joint Comprehensive Plan of Action (JCPOA). Congressional review of the agreement helped President Donald Trump's withdrawal.

Exiting Paris: What The Climate Accord Teaches About The Features Of Treaties And Executive Agreements, Eugene Kontorovich

Case Western Reserve Journal of International Law

The article discusses the United States' withdrawal from the Paris Climate Accords, which has two features -- a protracted withdrawal period and broad multilateral structure--which keep it from having an effect as a sole executive agreement.

Klatsky Endowed Lecture In Human Rights, Catherine Marchi-Uhel

Case Western Reserve Journal of International Law

Catherine Marchi-Uheldiscusses widespread violations of human rights and international humanitarian lawm which the international community should address.

Leverage Is Everything: Understanding The Trump Administration's Linkage Between Trade Agreements And Unilateral Import Restrictions, Richard O. Cunningham

Case Western Reserve Journal of International Law

This paper offers an understanding of the Trump administration's (Administration) often-perplexing approach to international trade policy and, in particular, the Administration's repeated threats to withdraw from or renegotiate bilateral, regional and multilateral trade agreements. The central premise offered here is that all Administration trade actions--including both its approach to trade agreements and its threats or use of unilateral import restrictions--must be seen in terms of two fundamental goals. The first is to eliminate U.S. trade deficits with foreign countries (individually or collectively). The second is to restore the U.S. manufacturing sector by limiting imports and by bringing back to the …

Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino

Case Western Reserve Journal of International Law

Elisa Massimino presents an adaptation of her speech, which focuses on role of the U.S. in the international human rights. Specific topics included praise of dictoators, withdrawal from the Human Rights Council, the need to fight to preserve and restore democracy and rule of law and the Trump Adminsitration's blocking of Muslim refugees.

Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell

Case Western Reserve Journal of International Law

Trafficking in persons has existed around the world for many years, yet the United States has only begun to take this modem form of slavery seriously in the last two decades. The nature of sex trafficking has caused confusion for the United States and others around the globe regarding how to best deal with the commercial sex industry. The failure to reduce the commercial sex industry through traditional means of prosecuting the traffickers and their victims has motivated Sweden, and consequently the United States, to pursue a different strategy: reducing the demand through the prosecution of the buyers of commercial …

Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench

Case Western Reserve Journal of International Law

Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty's "non-appropriation" principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.

Responding To Chemical Weapons Use In Syria, Michael P. Scharf

Case Western Reserve Journal of International Law

The article examines whether the April 2018 airstrikes against Syria may have constituted a tipping point in the evolving customary international law of humanitarian intervention in order to prevent the use of chemical weapons in Syria. Specifically, the back-and-forth movement of international law towards recognizing a limited right of humanitarian intervention, as well as the connection between customary international law and unilateral humanitarian intervention.

Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa

Case Western Reserve Journal of International Law

This Note examines the process of choosing an arbitrator in international arbitration. Much of the debate and criticism of this process addresses the lack of diversity in arbitral tribunals around the world. Diversity in this context means not only traditional diversity (i.e. gender, race, ethnicity), but also the basic idea of adding "fresh faces " to arbitral tribunals. Yet the ethical obligation to provide a client with the best chance to prevail encourages counsel to choose a familiar, wellknown name with an established "track record" over a littleknown "dark horse. " This tension illustrates a fundamental point of friction in …

Talking Foreign Policy: North Korea Summit, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law Michael Scharf in which experts such as Shannon French, Tim Webster and Milena Sterio discuss North Korea's nuclear weapons test and related topics.