International Law Commons^™

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …

Masthead Volume 8

Notre Dame Journal of International & Comparative Law

No abstract provided.

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play …

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Notre Dame Journal of International & Comparative Law

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …

Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout

Notre Dame Journal of International & Comparative Law

This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.

Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret

Secrecy and Society

No abstract provided.

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley

University of Miami International and Comparative Law Review

No abstract provided.

Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi

University of Miami International and Comparative Law Review

The management of international watercourses is a prominent global issue, owing to the rapid growth of water scarcity worldwide. This issue is particularly dominant in the Indus Basin, which India and Pakistan share. Both states use the water of the Indus Basin for irrigation, hydropower generation, and multiple other purposes. However, certain Indian water management projects are threatening the current water management infrastructure in Pakistan by substantially obstructing the flow of water in the Pakistani western rivers. In this regard, the Indus Waters Treaty provides recommendations to both states for adequately managing the Indus waters. Moreover, there are several principles …

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as a …

The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi

Reviews

The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our thinking …

Garcia V. Sessions: Brief Of Scholars Of Immigration And International Law As Amici Curiae In Support Of Petitioner, James C. Hathaway

Appellate Briefs

The nine amici curiae are distinguished scholars of international law, refugee rights, and the immigration laws of the United States. Biographical information on the amici, who are participating in their individual capacities and not as representatives of the institutions with which they are affiliated, is described in Appendix A.

Amici have a strong interest in the questions presented by the petition. As some of the world's leading scholars on these topics, amici are interested in the proper interpretation and application of U.S. laws in accordance with the United States' obligations under the Refugee Protocol and international law. In concluding that …

Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen

Maine Law Review

In 1992, Professor Elisha Qimron of Ben Gurion University in Be'er Sheva, Israel, brought suit against the editors and publisher of A Facsimile Edition of the Dead Sea Scrolls, a complete set of photographs of the scrolls, for copyright infringement and the tort of mental anguish asking for approximately $250,000 in damages. The case centered on an appendix of the book which included a portion of a scroll text, Misgat Ma'Aseh ha-Torah—Some Rulings Pertaining to the Torah (MMT), reconstructed by Qimron. MMT consists of 121 lines of text, and Qimron's reconstruction—referred to in the suit as the Compiled Text (CT)—consisted …

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of …

Penalty Clauses – What Has Changed?, Bruno Zeller

Pace International Law Review

Building on two seminal cases that consider the character of penalty clauses, Paciocco v Australia and New Zealand Banking Group Ltd from Australia and Cavendish Square Holding BV v. Talal El Makdessi from England, this Article sheds a new light on the treatment of fixed sums and argues that the view on whether penalty clauses are governed by the CISG requires new considerations. Importantly, this Article demonstrates a two-step approach to the analysis of penalty clauses: 1) whether the sum in question is penal in nature, and 2) if so, whether the CISG determines the fate of the penalty clause …

Thoughts On The U.N. 2017 Population Prospects: Procreation-Related Internationally Wrongful Acts, And Overpopulation As Global Risk, Ciprian N. Radavoi

Pace International Law Review

Two relatively recent factual elements are the basis of this Article: the 2017 revision of the United Nations’ Population Prospects, showing a world population increase of around 50% by 2100, and Turkey’s President Erdogan’s call for the Turks living in Western Europe to “have five children” in order to become the future of the continent. The statement substantiates one of the negative impacts of overpopulation—that on international relations and regional balances of power. This Article argues that (1) Erdogan’s incitement to increased procreation abroad qualifies as an internationally wrongful act of Turkey; (2) excessive procreation within national boundaries could qualify …

Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc

Pace International Law Review

Case law from the European Court of Human Rights demonstrates to the U.S. Supreme Court how a pluralistic neutrality principle can enrich the American society and harness the value of faith in the public sphere, while at the same time retaining the vigorous protection of individual religious rights. The unfortunate alternative to a jurisprudence built around pluralistic neutrality is the inevitability of intolerant secularism—an increasingly militant separation of religious ideals from the public life, leading ultimately to a repressive society that has no room in its government for religious citizens. The results of intolerant secularism are seen in a recent …

Gmos, International Law And Indigenous Peoples, Casandia Bellevue

Pace International Law Review

This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups.

This Article seeks to answer the following questions: What are the international agreements that can …

Striking A Balance: Policy Considerations For Human Germline Modification, Joshua D. Seitz

Santa Clara Journal of International Law

Striking a Balance: Policy Considerations for Human Germline Modification