International Law Commons^™

Letter From The Editor, Trista Turley

Notre Dame Journal of International & Comparative Law

Editor-in-Chief Trista Turley writes to introduce Volume 5 of the Notre Dame Journal of International and Comparative Law.

The Rules And The Reality Of Petition Procedures In The Inter-American Human Rights System, Dinah Shelton

Notre Dame Journal of International & Comparative Law

In this Essay, Professor Dinah Shelton draws on her personal experience as a member of the Inter-American Commission on Human Rights to discuss the underlying causes of a "crisis of commitment" to the Inter-American system of human rights. Shelton traces the roots of this crisis in large part to the Inter-American petition procedures. Giving an in-depth account of the structure of the Inter-American Commission on Human Rights and the details of the petition procedures, Shelton explores the issues of legitimacy, transparency, effectiveness, and efficiency raised by various aspects of the petitioning process, and discusses the various ways in which these …

The Relationship Between Inter-American Jurisdiction And States (National Systems): Some Pertinent Questions, Sergio GarcíA RamíRez

Notre Dame Journal of International & Comparative Law

In this Article, Judge Sergio García Ramírez of the Inter-American Court of Human Rights explores the complex and often vexing relationship between the Inter-American Human Rights system and the domestic human rights protections within the system's member states. García Ramírez identifies a number of challenges to implementing human rights protections in Latin America, many of which are rooted in a history of authoritarianism in the twentieth century and the nascent nature of the region's democratic institutions. Yet he sees solutions in the role of the Inter-American Court in the region. García Ramírez highlights the Court's role in interpreting international human …

Saving The Paper Tiger: Biodiversity As An Irreplaceable Element Of Our Common Cultural Heritage, Lisa Meissner

Notre Dame Journal of International & Comparative Law

This Note examines the role of international law and human rights in the conservation of global biodiversity as an element of our shared cultural heritage. International instruments like the Convention on the International Trade in Endangered Species of Wild Fauna and Flora and the World Heritage Convention have changed the discourse of international conservation law by connecting natural resources, including animal species, to incentives-based structures in local or regional communities. Such a legal foundation is critical to engaging with evolving international concepts of sustainable development and rural livelihoods protection that promote making biodiversity conservation cognizably valuable to humanity, both tangibly …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Using Force On Land To Suppress Piracy At Sea: The Legal Landscape Of A Largely Untapped Strategy, Steven R. Obert

National Security Law Program

On May 14, 2012, a combat helicopter operated by European Union Naval Forces (EUNAVFOR) struck a pirate base ashore in Somalia. The raid destroyed several fiberglass skiffs on the beach in Haradheere, a town on the coast of central Somalia. The attack represented a new tactic used in the protracted and evolving international effort to fight maritime piracy off the coast of Somalia. It was the first time that force ashore, first authorized by the United Nations Security Council in 2008, had been publicly acknowledged.

Though recently receding, piracy off the coast of Somalia has had a destabilizing effect on …

Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …

Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes

Richmond Journal of Law & Technology

A corrupt Australian Law Enforcement Agency (LEA) wishes to track the communications of a journalist who has published leaked whistleblowing documents from a confidential source, revealing the Australian LEA's complicity in illegal narcotics activity. The target journalist lives in New York and is a U.S. citizen. She opens her laptop, goes online and fires up Tor Browser. She is communicating with her whistleblowing source in Australia, who faces death if his identity is uncovered. Her communication and network traffic passes through Tor relays in Canada, Finland, and Malaysia before arriving at her source in Australia.

The International Copyright Problem And Durable Solutions, Susy Frankel

Vanderbilt Journal of Entertainment & Technology Law

The calls for copyright reform at both the national and international level are growing louder. Many authors, owners, distributors, users, and consumers are dissatisfied with the current regime, but solutions are not easy to find. Existing rules are inadequate to deal with copyright in the digital world and partial solutions are not likely to be durable. The problems of copyright are not confined to one jurisdiction. Just as the creation and dissemination of copyright works are global, copyright's legal problems are an international problem. Existing international rules alone cannot provide the solution to this policy debate, but they do have …

The Macroprudential Turn: From Institutional 'Safety And Soundness' To Systematic 'Financial Stability' In Financial Supervision, Robert C. Hockett

Cornell Law Faculty Publications

Since the global financial dramas of 2008-09, authorities on financial regulation have come increasingly to counsel the inclusion of macroprudential policy instruments in the standard ‘toolkit’ of finance-regulatory measures employed by financial supervisors. The hallmark of this perspective is its focus not simply on the safety and soundness of individual financial institutions, as is characteristic of the traditional ‘microprudential’ perspective, but also on certain structural features of financial systems that can imperil such systems as wholes. Systemic ‘financial stability’ thus comes to supplement, though not to supplant, institutional ‘safety and soundness’ as a regulatory desideratum.

The move from primarily micro- …

The Shadow Of Westphalia: Majoritarian Religions And Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

Throughout Europe, religious majoritarian cultures have been traditionally hostile to minority faiths. The European Court of Human Rights has been slow to apply Article 9, religious tolerance. Albeit, today it is generally accepted that no one religion is destined to become the common faith of Europe, it is still very difficult in European law and politics to say how much each of the 47 Member States of the states of the Council of Europe should be permitted to restrict religious liberty domestically to protect and nurture a majoritarian faith, especially a majoritarian Christian faith. Europe, in many ways, is still …

Le Début De La Désillusion Américaine Envers L’Europe Et Le Droit International, 1914-1946 [The Onset Of American Disillusionment With Europe And International Law: 1914-1946], Mark Weston Janis

Faculty Articles and Papers

Many date the disillusionment of the United States with the international law and organization project to sometime after World War II. Actually, widespread American disillusionment with international law and organization began in 1914 with the outbreak of World War I. Many Americans became convinced that European civilization had failed to emerge from the excesses of state sovereignty and militarism. This essay illustrates the onset of American disillusionment with Europe and with international law and organization between 1914 and 1946.

Of Trucks, Trains, & Ships: Relative Liability In Multimodal Shipping, Amir H. Khoury

Richmond Journal of Global Law & Business

No abstract provided.

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.

Practical Implications From An Expansive Interpretation Of Umbrella Clauses In International Investment Law, Katherine Jonckheere

South Carolina Journal of International Law and Business

The right way to interpret so-called 'umbrella clauses' has been debated for over a decade. Interpreted restrictively, these clauses merely reinforce the substantive commitments and protections listed in the remainder of the investment treaties in which they are found. An expansive interpretation on the other hand gives these clauses the effect of elevating purely contractual obligations undertaken by the state vis-à-vis specific investors to full-blown treaty obligations under international law, subject to the investment treaty's dispute settlement provisions. Although an expansive reading seems to have gained considerable ground amongst investment arbitration tribunals over the years, this article will show that …

Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw

South Carolina Journal of International Law and Business

The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …