International Law Commons^™

The Human Rights Obligations Of State-Owned Enterprises: Emerging Conceptual Structures And Principles In National And International Law And Policy, Larry C. Backer

Vanderbilt Journal of Transnational Law

The distinction between the obligations of public and private entities, and their relation to law, is well known in classical political and legal theory. States have a duty that is undertaken through law; enterprises have a responsibility that is embedded in their governance. These fundamental divisions form part of the current international efforts to institutionalize human rights-related norms on and through states and enterprises, and most notably through the U.N. Guiding Principles for Business and Human Rights. The problems of conforming to evolving norms becomes more difficult where states project their authority through commercial enterprises.

Celebrity Funded Pirates: Bob Barker’S Bob Barker And The Curse Of The Thunder, Charles Wiseman

University of the Pacific Law Review

No abstract provided.

Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz

University of the Pacific Law Review

No abstract provided.

Cannabis And Water Management: International Regulation And The Legal Framework Of The European Union, Maria E. Milanes-Murcia

University of the Pacific Law Review

No abstract provided.

Legacies Of Nuremberg, John Q. Barrett

Faculty Publications

(Excerpt)

I am very grateful to the leaders and sponsoring organizations that have brought the Dialogs together for ten years, particularly this year in this very special place. I also thank, humbly, Germany and Nuremberg. We are seventy years out from a Nuremberg trial process that was filled with participants who could not have imagined the Germany, the Nuremberg city of human rights, and their sponsorship and teaching, that we all are beneficiaries of today. It is to the great credit of today's generations of German leaders that they have built this Nuremberg.

My topic, "The Legacy of Nuremberg," is …

When "Getting It Right" Is What Matters Most, Arbitrations Are Better Than Trials, Wayne D. Brazil

Cardozo Journal of Conflict Resolution

Serving as an arbitrator since retiring from the bench has inspired me to think about the quality of the adjudicative process in new ways-and to assess, from an insider's perspective, the pros and cons of trials (especially court trials) and arbitrations. The purpose of this essay is to share my thoughts on this subject-some of which have surprised me.

Emerging Internal Control In Institutional Arbitration, Meng Chen

Cardozo Journal of Conflict Resolution

To some extent, the charm of international commercial arbitration derives from its complexity, involving many inherent contradictions. It is developed as autonomous and internationalized dispute resolution, while it inevitably relies on sovereign support. With arbitration becoming more and more internationalized and autonomous, rules and regulations generated inside of the arbitration community have gradually played important roles in arbitration governance. Contributions from numerous international arbitration institutions are particularly noticeable in this development. Institutional arbitration takes the lead in the development of international commercial arbitration. Rules and regulations generated in institutional arbitration practice not only facilitate single institutional arbitration processes, but also …

Why Wait So Long: The Cornelius Gurlitt Collection And The Need For Clear Adr Mechanisms In The Restitution Of Looted Art, Samantha Elie

Cardozo Journal of Conflict Resolution

This Note discusses the legal issues surrounding the Gurlitt Collection at each step of the process, and proposes that the mishandling of the collection should spark the need for an international treaty focusing on alternative dispute resolution ("ADR") mechanisms for restituting large troves of looted art. Section II of this Note provides a history of the Gurlitt Collection and the Washington Principals, the non-binding principals currently guiding countries in international restitution. Then, Section III critically examines how the collection has been handled since its discovery in 2012: by the German government, by the media, through ADR mechanisms, and through domestic …

Can Mediation Deliver Justice?, Sherif Elnegahy

Cardozo Journal of Conflict Resolution

Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …

Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor

Cardozo Journal of Conflict Resolution

Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …

Early Non-Military Intervention To Prevent Atrocity Crimes, Sarah Lesser

Cardozo Journal of Conflict Resolution

This Note explores the possibility of victim-offender mediation or negotiation as a means of early non-military intervention for atrocity crimes, in situations in which indicators from Risk Factor 7 of the U.N. Framework of Analysis are present, and argues that the international community should turn to such forms of mediation and negotiation more often in order to prevent atrocities. Section II provides a brief history of atrocity prevention, and explores other proposals for early warning and non-military intervention. This section also highlights the shortcomings of existing atrocity prevention models. Section III evaluates situations in which victim-offender mediation and negotiation have …

Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Conceptions Of Justice From Below: Distributive Justice As A Means To Address Local Conflicts In European Law And Policy, Fernanda Giorgia Nicola Dr.

Contributions to Books

The impact of European Union (EU) law and policy on social groups has been examined in important scholarly work on European Law. Mainstream European legal scholarship, however, makes seldom use of a ‘law and society’ methodology, committed to an understanding of law, its internal logic and its practice yet influenced by external political and social forces. By means of two different theoretical perspectives, American legal realism and Amartya Sen’s idea of comparative justice, this chapter focuses on the impact of European decision-making on social groups and local actors embracing different conceptions of justice from below. Lawyers, judges and policy-makers in …

Exit Legitimacy, Daniel Francis

Vanderbilt Journal of Transnational Law

Although it is widely appreciated that rights of exit from a legal order can be important and valuable, there currently exists no adequate account of the relationship between exit rights and legitimacy. This Article cures that deficiency by describing the contribution made by exit rights to the legitimacy of a legal order--a contribution that I call the "exit legitimacy" of that legal order--and offers two accounts of its normative significance. On the "thin" account, exit rights operationalize consent by making it more genuine, more ascertainable, and more closely related to relevant acts and relationships of governance; on the "thick" account, …

Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz

Vanderbilt Journal of Transnational Law

The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the fairness of its selection decisions as measured against the norm of equal application of law, whether in the disproportionate focus on certain regions (as with the ICC's focus on Africa), the application of criminal responsibility only to one side of a conflict, or the continued …

Regime Shift Of Ip Lawmaking And Enforcement From Wto To The International Investment Regime, James Gathii, Cynthia Ho

Minnesota Journal of Law, Science & Technology

No abstract provided.

The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat, are …

Transfer Of Ownership In Orbit: From Fiction To Problem, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

For many years, the concept of transfer of ownership of a satellite in orbit was not something on the radar screen of anyone seriously involved in space law, if indeed it was not considered a concept of an essentially fictional nature. Space law after all developed, as far as the key UN treaties were concerned, in a period when only States—and only very few States at that—were interested in and possessed the capability of conducting space activities, and they did so for largely military/strategic or scientific purposes. The idea of transferring ownership over satellites or other spacecraft involved in such …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang

Cardozo Journal of Conflict Resolution

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …