Talking Foreign Policy: Responding To Rogue States,
2019
Case Western Reserve University
Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.
Case Western Reserve Journal of International Law
A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.
The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era,
2019
Case Western Reserve University School of Law
The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era, Lisa Scott, Aleksandra Miezin, Jessica Taba, Jacob Witz
Case Western Reserve Journal of International Law
The article focuses on several anti-immigration policies of the U.S. President Donald Trump which include "America First," and "Buy American and Hire American," which have rendered the U.S. immigration system nearly impossible to navigate without an experienced, highly-skilled attorney. It mentions cancellation of the Deferred Action for Childhood Arrivals (DACA) program as a rollback on basic human rights as seen through family separations.
The Trump Administration And The International Criminal Court: A Misguided New Policy,
2019
Case Western Reserve University School of Law
The Trump Administration And The International Criminal Court: A Misguided New Policy, Mileno Sterio
Case Western Reserve Journal of International Law
The article focuses on the approach of U.S. President Donald Trump' administration regarding International Criminal Court (ICC). It presents views of National Security Advisor John Bolton on Protecting American Constitutionalism and Sovereignty from International Threats.
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?,
2019
Case Western Reserve University School of Law
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
Case Western Reserve Journal of International Law
The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.
The Use Of Force Against "Rogue States",
2019
Case Western Reserve University School of Law
The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald
Case Western Reserve Journal of International Law
The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.
Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine,
2019
Case Western Reserve University School of Law
Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly
Case Western Reserve Journal of International Law
In 2017, two Guantanamo Bay detainees filed writs of certiorari with the Supreme Court of the United States. Through different claims, both men argued that the military commissions convened to prosecute them lacked subject matter jurisdiction to do so. The first man, Ali Hamza Ahmad Suliman al Bahlul, challenged his conspiracy conviction on the basis that it is unconstitutional to try purely domestic offenses in a non-Artide III tribunal. The second, Abd al Rahim al-Nashiri, has not yet been tried. As such, he raised pretrial objections to his military commission's competence to try him for crimes committed pre-9/11. In October …
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization,
2019
Case Western Reserve University School of Law
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Case Western Reserve Journal of International Law
The article focuses on the use of force in humanitarian crises and mass atrocity crimes and limitation of the United Nations (UN) Security Council. It mentions need for a framework for non-UN authorized military force in the name of humanitarian intervention.
World War Web: Rethinking "Aiding And Abetting" In The Social Media Age,
2019
Case Western Reserve University School of Law
World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron
Case Western Reserve Journal of International Law
ISIS's use of social media presents a new challenge for counterterror efforts. The organization aims to recruit followers and incite violence through social media. Given that this is a new medium for terrorist organizations, social media companies have come under fire for indirectly providing ISIS with farreaching platforms to spread its content. The companies, as well as national governments and international entities, have attempted to respond to the threat posed by such content. These responses, however, have proven ineffective. This Note argues that to effectively respond to and combat the threat posed by terrorist speech, national governments should adopt a …
Front Matter,
2019
Case Western Reserve University School of Law
Front Matter, Volume 51
Case Western Reserve Journal of International Law
No abstract provided.
Masthead,
2019
Case Western Reserve University School of Law
Masthead, Volume 51
Case Western Reserve Journal of International Law
No abstract provided.
The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword,
2019
Osgoode Hall Law School of York University
The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, Jinyan Li, Teresa Pidduck
Articles & Book Chapters
In this paper, we examine the relationship between the international tax environment and legislative complexity in South Africa’s international tax system. We suggest that the international tax environment is a double-edged sword. It causes complexity in South Africa’s tax legislation as it largely responds to the needs of OECD countries and produces tax rules to deal with ‘sophisticated’ tax problems and taxpayers (such as multinational enterprises). When such rules are transplanted into South Africa, they are typically more complex than local rules dealing with local taxpayers. On the other hand, the international tax environment offers ideas for ‘scientific’ drafting of …
Ending Sexualized Violence: International Jurisprudence,
2019
Claremont Colleges
Ending Sexualized Violence: International Jurisprudence, Nicole Greenberg
Scripps Senior Theses
Sexualized violence continues to threaten the autonomy of individuals and violate human rights. Scholars debate the effectiveness of international treaties in addressing this problem. The Convention on Elimination and Discrimination Against Women (CEDAW) of 1979 requires ratifying countries to uplift equality and denounce discrimination of women nationally, in public and private spheres. Examining Bosnia and Herzegovina as a case study shows the effectiveness CEDAW has in creating political and social change. In addition, the Bosnian War illustrates the threat sexualized violence has on individual autonomy. Findings show that CEDAW and grassroots feminist activism are successful together in advocating for social …
Proceedings Of The Thirteenth International Humanitarian Law Roundtable, Year In Review Lecture,
2019
Washington and Lee University School of Law
Proceedings Of The Thirteenth International Humanitarian Law Roundtable, Year In Review Lecture, Mark A. Drumbl
Scholarly Articles
What I think I’d like to do is tell three stories of three things that did happen in international criminal justice over the past year, and use my time as a vehicle and doorway to think about law and also how law fits in life. One of the themes that I want to evoke through these stories is what I felt is an important vibe in international criminal law enforcement this past year. And it’s the theme of time and age and coming of age.
U.S. Climate Change Law: A Decade Of Flux And An Uncertain Future,
2019
Moritz College of Law, The Ohio State University
U.S. Climate Change Law: A Decade Of Flux And An Uncertain Future, Cinnamon P. Carlarne
American University Law Review
No abstract provided.
Rethinking The Individual In International Law,
2019
University of Richmond - School of Law
Rethinking The Individual In International Law, Chiara Giorgetti
Law Faculty Publications
The acceptance of the individual as a subject of international law has been gradual and asymmetrical. Individuals have become international law subjects in their own rights in some international legal areas, including human rights and international criminal law. This affords individuals substantive rights and obligations, as well as procedural rights. In most legal areas, however, individuals acquired substantive rights, but not direct procedural rights. In those instances, individuals need the filter of a nationality to enforce their claim and remedy in international proceedings. This Article criticizes the nationality-based approach and argues that there are better and alternative ways to provide …
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women,
2019
Claremont Colleges
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
Scripps Senior Theses
Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.
Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics,
2019
California Western School of Law
Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves
Faculty Scholarship
The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime,
2019
National University of Singapore
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx
Michigan Journal of International Law
This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …
Creating A National Data Privacy Law For The United States,
2019
Mitchell Hamline School of Law
Creating A National Data Privacy Law For The United States, Shaun G. Jamison
Cybaris®
No abstract provided.
Evaluating A Permanent Court Solution For International Investment Disputes,
2019
University of Richmond School of Law
Evaluating A Permanent Court Solution For International Investment Disputes, Emily Palombo
University of Richmond Law Review
Despite the original objective of investor state dispute settlement (“ISDS”)—to create an unbiased arbitration mechanism to resolve conflicts between states and foreign investors—ISDS tribunals have gained the reputation of being one-sided, nontransparent, and inconsistent in decisions rendered. A major reform proposed to address the criticism of ISDS is the creation of one permanent tribunal, rather than numerous ad hoc tribunals constituted separately for each investment dispute. Discussion of ISDS reform in light of its historical context poses the question: is ISDS really a broken system, or have our global priorities and concerns changed over time? While improvements can be made, …
