International Law Commons^™

The Common Law Of War, Jens D. Ohlin

Cornell Law Faculty Publications

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the "common law of war," which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term "common law of war"in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the "common law of war" referred to a branch of …

The Logic Of Contract In The World Of Investment Treaties, Julian Arato

William & Mary Law Review

Investment treaties protect foreign investors who contract with sovereign states. It remains unclear, however, whether parties are free to contract around these treaty rules, or whether treaty provisions should be understood as mandatory terms that constrain party choice. While investment treaties clearly apply to contracts in some way, they are silent as to how these instruments ultimately interact. Moreover, arbitral jurisprudence has varied wildly on this point, creating significant problems of certainty, efficiency, and fairness—for states and foreign investors alike.

This Article reappraises the treaty/contract issue from the ex ante perspective of contracting states and foreign investors. I advance three …

The Common Law Of War, Jens David Ohlin

William & Mary Law Review

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a branch …

Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau Wa Mutua

Contributions to Books

Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.

Privatization Of The Judiciary, Eldar Haber

Seattle University Law Review

The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …

A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard

Seattle University Law Review

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an …

Jennings V. Rodriguez: Brief Of Amici Curiae Human Rights First And International Law Scholars William Aceves, Denise Gilman, Guy S. Goodwin-Gill, James C. Hathaway, Manfred Nowak, Sarah Paoletti, Nigel Rodley, And Martin Scheinin In Support Of Respondents, James C. Hathaway

Appellate Briefs

Human Rights First is a non-governmental organization established in 1978 that works to ensure U.S. leadership on human rights globally and compliance domestically with this country's human rights commitments. Human Rights First operates one of the largest programs for pro bono legal representation of refugees, working in partnership with volunteer lawyers at leading law firms to provide legal representation without charge to thousands of indigent asylum applicants, including some detained in immigration detention facilities across the United States. Human Rights First has conducted research, issued reports and provided recommendations to the United States Government regarding compliance with its legal obligations …

The Next Who Director-General’S Highest Priority: A Global Treaty On The Human Right To Health, Lawrence O. Gostin, Eric A. Friedman, Paulo Buss, Mushtaque Chowdhury, Anand Grover, Mark Heywood, Churnrurtai Kanchanachitra, Gabriel Leung, Judith Mackay, Precious Matsoso, Sigrun Mogedal, Joia S. Mukherjee, Francis Omaswa, Joy Phumaphi, K. Srinath Reddy, Mirta Roses Periago, Joe Thomas, Oyewale Tomori, Miriam Were, Debrework Zewdie

Georgetown Law Faculty Publications and Other Works

Amidst the many challenges facing the next WHO Director-General, the new WHO head should find WHO’s foremost priority in its most important constitutional pillar: the right to health. The centerpiece of this endeavor should be leadership on the Framework Convention on Global Health (FCGH), the proposed global treaty based in the right to health and aimed at national and global health equity. The treaty would reform global governance for health to enhance accountability, transparency, and civil society participation and protect the right to health in trade, investment, climate change, and other international regimes, while catalyzing governments to institutionalize the right …

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Partners And Legal Pitfalls, Brian Finucane

International Law Studies

Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.

Weapons Of The Weak: The Prosecutor Of The Icc's Power To Engage The Un Security Council, C. Cora True-Frost

Florida State University Law Review

No abstract provided.

Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz

Michigan Journal of Environmental & Administrative Law

International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries.

Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it …

Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler

Michigan Journal of Environmental & Administrative Law

The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean (WCPFC) manages fish stocks of significant financial and ecological value across an area of the Pacific Ocean comprising 20% of Earth. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species, in part because some WCPFC members have refused to provide the WCPFC with vessel-specific data, known as operational data, which is needed to manage the stocks sustainably. Despite a legal requirement to submit operational data to the WCPFC, these members, including Japan and Korea, …

Book Review: An Inconvenient Genocide: Who Now Remembers The Armenians?, Ronald G. Suny

Genocide Studies and Prevention: An International Journal

No abstract provided.

The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu

Faculty Scholarship

The quest for a user-friendly copyright regime began a decade ago when the Hong Kong government launched a public consultation on "Copyright Protection in the Digital Environment" in December 2006. Although this consultation initially sought to address Internet-related challenges, such as those caused by peer-to-peer file-sharing technology, the reform effort quickly evolved into a more comprehensive digital upgrade of the Hong Kong copyright regime.

A decade later, however, Hong Kong still has not yet amended its Copyright Ordinance. Thus far, three consultation exercises have been launched in December 2006, April 2008 and July 2013. Two bills have also been introduced …

Table Of Contents - Cardozo Journal Of International And Comparative Law, Vol. 25, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Masthead - Cardozo Journal Of International And Comparative Law, Vol. 25 (2016-17)

Cardozo Journal of International and Comparative Law

No abstract provided.

The Red Cross And Red Crescent Movement: Power Players In International And Domestic Natural Disaster Law, Kristen Dale

Cardozo Journal of International and Comparative Law

The note examines the unique role of the American Red Cross (ARC) as a quasi-governmental organization in U.S. disaster response, highlighting its dual identity as both a federal instrumentality and a private corporation. This duality raises critical questions about accountability, independence, and neutrality, particularly in light of proposed oversight measures like the American Red Cross Transparency Act. The analysis explores how the ARC's role intersects with international frameworks and domestic policies, emphasizing the need to balance its operational efficiency with public accountability.

Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker

Cardozo Journal of International and Comparative Law

The note critiques the current system of tort claims against the United States, particularly in cases involving the military, arguing that it is overly complex and fails to provide adequate compensation for injured individuals. It proposes replacing the existing tort system with a no-fault compensation scheme, similar to New Zealand’s Accident Compensation Act 2001, to better address the needs of victims.

Case Global: Un Commissioner For Human Rights Speaks At Case Western Reserve, Draws World-Wide Media Attention, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 8, #1 (2016)

• UN High Commissioner for Human Rights speaks at Case Western Reserve... (cover)
• Frederick K. Cox International Law Center celebrates 25 year anniversary
• Law school launches new Executive Master’s Degree in Financial Integrity
• Two Ambassadors give distinguished lectures during 40th anniversary of the Canada-U.S. Law Institute
• Law school expands its immigration program, federal judge joins the faculty
• CWRU Law alumni prepare for China, their third U.S. Embassy post
• Alumna with an eye on Latin America named managing partner… (Squire Patton Boggs)
• New partnership agreements signed Brazilian and Chinese universities
• Case Western Reserve law students intern around the …