Masthead,
2018
Case Western Reserve University School of Law
Masthead, Volume 50 (2018)
Case Western Reserve Journal of International Law
No abstract provided.
Volume 50,
2018
Case Western Reserve University School of Law
Volume 50, Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Foreword: Corporations On Trial For Human Rights Violations,
2018
Case Western Reserve University
Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus
Case Western Reserve Journal of International Law
An introduction to the journal is presented.
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?,
2018
Case Western Reserve University School of Law
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
Case Western Reserve Journal of International Law
The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.
Atrocities By Corporate Actors: A Historical Perspective,
2018
Case Western Reserve University School of Law
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Case Western Reserve Journal of International Law
The article focuses on developments in international criminal law in addressing corporate human rights violations.
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law,
2018
Case Western Reserve University School of Law
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Case Western Reserve Journal of International Law
Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act,
2018
Case Western Reserve University School of Law
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Case Western Reserve Journal of International Law
The article discusses issue of corporate liability under the U.S. Alien Tort Claims Act.
Brand As Information Intermediary,
2018
Case Western Reserve University School of Law
Brand As Information Intermediary, Kishanthi Parella
Case Western Reserve Journal of International Law
The article describes the function of transnational corporations in many global supply chains as information intermediaries, which carries with it responsibilities and opportunities for incentivization.
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business,
2018
Case Western Reserve University School of Law
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Case Western Reserve Journal of International Law
The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.
A Human Rights Perspective On Professional Responsibility In Global Corporate Practice,
2018
Case Western Reserve University School of Law
A Human Rights Perspective On Professional Responsibility In Global Corporate Practice, David Nersessian
Case Western Reserve Journal of International Law
The direct applicability of human rights law to the attorney-client relationship has serious implications for ethical corporate governance. In addition to creating criminal and civil risks for lawyer and client alike, the specter of human rights violations in business dealings gives rise to myriad ethical questions for corporate lawyers to consider and resolve. These include matters such as the legitimate object and scope of corporate representation, conflicts of interest, duties to withdraw, and matters of competence and communication in corporate governance. They also raise questions of professional secrecy and whether ethical codes permit (or even require) lawyers to reveal confidential …
Keynote Address: Is The Presumption Of Corporate Impunity Dead?,
2018
Case Western Reserve University School of Law
Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
The Cost Of Territoriality: Jus Cogens Claims Against Corporations,
2018
Case Western Reserve University School of Law
The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle
Case Western Reserve Journal of International Law
The article considers the apparent disjunction between the Court's effective limitation of liability for the U.S. corporation and expansive liability for the natural person for similar crimes. Topics include Jus Cogens claims against corporations; court cases Jesner v. Arab Bank, PLC and Kiobel v. Royal Dutch Petroleum Co. on the same; and Alien Tort Statute on the same.
2018 Klatsky Endowed Lecture In Human Rights: The International Law Commission's Proposal For A Convention On The Prevention And Punishment Of Crimes Against Humanity,
2018
Case Western Reserve University School of Law
2018 Klatsky Endowed Lecture In Human Rights: The International Law Commission's Proposal For A Convention On The Prevention And Punishment Of Crimes Against Humanity, Sean D. Murphy
Case Western Reserve Journal of International Law
Sean D. Murphy gives the Klatsky Endowed Lecture on Human Rights, describing his efforts at the International Law Commission to bring about an international Convention on Crimes Against Humanity
Talking Foreign Policy: Jesner V. Arab Bank,
2018
Case Western Reserve University School of Law
Talking Foreign Policy: Jesner V. Arab Bank, Michael Scharf, Et Al.
Case Western Reserve Journal of International Law
No abstract provided.
If It Looks Like A Duck: Reining In Private-Military Contractor Conduct Through The Amended Ucmj,
2018
Case Western Reserve University School of Law
If It Looks Like A Duck: Reining In Private-Military Contractor Conduct Through The Amended Ucmj, Michael Anderson
Case Western Reserve Journal of International Law
Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …
Historical Determinism And Women's Rights In Sharia Law,
2018
Case Western Reserve University School of Law
Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze
Case Western Reserve Journal of International Law
Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …
Tearing Down The Wall Between Refugee And Gang-Based-Asylum Seekers: Why The United States Should Reconsider Its Stance On Central-American Gang-Based Asylum Claims,
2018
Case Western Reserve University School of Law
Tearing Down The Wall Between Refugee And Gang-Based-Asylum Seekers: Why The United States Should Reconsider Its Stance On Central-American Gang-Based Asylum Claims, Katelyn Masetta- Alvarez
Case Western Reserve Journal of International Law
Gang violence is plaguing El Salvador, Guatemala, and Honduras. Murder, sexual violence, and other major human rights violations committed by gang members has forced countless people to seek protection in surrounding countries...
"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom,
2018
Case Western Reserve University School of Law
"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade
Case Western Reserve Journal of International Law
In the 2014 monumental court decision S.A.S. v. France, the European Court of Human Rights ruled that the French law banning both burqas and niqabs in public spaces was justified. The Court based this justification on the concept of "living together," stating this newly-created concept allowed limitations on certain rights, such as the freedom of religion. With this decision, the Court vacated precedent which used a balancing test to weigh exceptions, such as national security in very narrow situations, against the limitations on individual freedoms. The new "living together" test is extremely farfetched, vague, and controversial. This Note discusses the …
Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36,
2018
Osgoode Hall Law School of York University
Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn
Articles & Book Chapters
The recognition of Indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. The Declaration addresses rights of membership directly in Article 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of Indigenous peoples to define themselves, both in terms of membership and geographic scope.
Treaty Canoe,
2018
Osgoode Hall Law School of York University
Treaty Canoe, Ruth Buchanan, Jeffery G. Hewitt
Articles & Book Chapters
'Treaty Canoe' is an admittedly complex object to select for the present collection. As an artwork which is an assembly of made and found objects as well as a performance (in its making), its meaning is both layered and evolving. And yet, its evocation of both the promise and peril of international law in colonial North America is unmistakable. In 'Treaty Canoe', 'document, object, and location cohere to scrutinize the logics of colonialism, sovereignty and the question of responsibility that inheres in both'. As a collection of objects both art and law, tool and text, past and present, 'Treaty Canoe' …
