International Law Commons^™

The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack

International Law Studies

This article contends that in the upcoming Human Rights Committee proceedings, the U.S. should abandon the categorical argument that its human rights obligations do not apply extraterritorially in favor of a more nuanced approach that reflects the majority position reached by the range of human rights treaty bodies and courts as well as the legal framework applicable to our coalition partners and other allies. The U.S. failure to acknowledge limited, well-established, and principled exceptions to a strictly territorial application of its human rights obligations ultimately undermines the legitimacy of other, more efficacious, arguments at its disposal—such as its position on …

An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz

Global Business & Development Law Journal

No abstract provided.

Securities Collective Action And Private International Law Issues In Dutch Wcam Settlements: Global Aspirations And Regional Boundaries, Xandra E. Kramer

Global Business & Development Law Journal

No abstract provided.

The Dutch Act On Collective Settlement Of Mass Damages, Bart Krans

Global Business & Development Law Journal

No abstract provided.

Bridging The Divide: The Case For Harmonizing State And Federal Extraterritoriality Principles After Morrison And Kiobel, Katherine Florey

Global Business & Development Law Journal

No abstract provided.

The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant

Global Business & Development Law Journal

No abstract provided.

Justice For Chad: The Next Chapter In The Vindication Of Human Rights, Daniel Lee Borgatti

Global Business & Development Law Journal

No abstract provided.

Russia In The Wto: Will It Give Full Direct Effect To Wto Law?, Elena A. Wilson

Global Business & Development Law Journal

No abstract provided.

No Excuse: The Failure Of The Icc’S Article 31 “Duress” Definition, Benjamin J. Risacher

Notre Dame Law Review

This Note proceeds in four Parts. Part I traces the historical development of “duress” through the common and civil law systems, World War II cases, the Model Penal Code (MPC) and, finally, through an in-depth analysis of the Erdemovic case before the ICTY Appeals Chamber discussed in the introduction. Part II then discusses “duress” under Article 31 of the Rome Statute and includes a survey of the Article’s drafting history, a statutory analysis of Article 31, and an application of the ICC definition of “duress” to the Erdemovic set of facts. This Part highlights the unjust result that inevitably occurs …

Cholera As A Grave Violation Of The Right To Water In Haiti, Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom

Faculty White Papers

This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further discusses the …

Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?, Sophie Riley

William & Mary Environmental Law and Policy Review

This Article collects and analyzes information available from the Convention on Biological Diversity National Reports to consider what members themselves have identified as their regulatory strengths and weaknesses. Against this backdrop, the Article evaluates the effectiveness of international environmental law in guiding domestic regimes, highlighting that where international law is imprecise or inconsistent, it can hinder the development of successful State practice.

Investment Treaties And Industrial Policy: Select Case Studies On State Liability For Efforts To Encourage, Shape And Regulate Economic Activities In Extractive Industries And Infrastructure, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper, prepared in connection with a February 2014 conference organized by the UN Economic Commission for Africa, discusses some of the implications that investment treaties have for investments in infrastructure and the extractive industries. It focuses on liability for government conduct (1) in connection with tenders and negotiations; (2) when responding to questions regarding the legality of the investment; (3) in using performance requirements to leverage benefits and capture spillovers from the investment; (4) changing the legal framework governing an investment in response to evolving needs, circumstances, and interests; (5) administering the investment; and (6) requesting, and responding to …

Digital Fingerprints: Using Electronic Evidence To Advance Prosecutions At The International Criminal Court, Alexa Koenig, Eric Stover, Camille Crittenden, Stephen Cody

Suffolk University Law School Faculty Works

This report summarizes efforts to improve the collection and use of electronic evidence in atrocity crime prosecutions at the International Criminal Court.

Precluding The Treasure Hunt: How The World Bank Group Can Help Investors Circumnavigate Sovereign Immunity Obstacles To Icsid Award Execution, Joseph M. Cardosi

Pepperdine Law Review

This Comment highlights the frustrating road that investors travel in search of assets when states do not honor arbitration awards and discusses how the World Bank Group can unify investor–state arbitrations to preclude such hollow victories for investors. Part II introduces the contemporary framework of investor–state arbitration, including an overview of the International Centre for Settlement of Investment Disputes (ICSID or the Centre), a summary of the scope of noncompliance with investor–state arbitration awards, and the unique ICSID enforcement mechanism used to address challenges to awards and noncompliance. Part III provides examples of the challenges investors face in award execution …

Mary Ellen O’Connell Delivers The 2014 Hersch Lauterpacht Memorial Lecture At The University Of Cambridge’S Lauterpacht Centre For International Law On February 17, 2014, Mary Ellen O'Connell

Faculty Lectures and Presentations

Professor Mary Ellen O’Connell delivers the 2014 Hersch Lauterpacht Memorial Lecture at the University of Cambridge’s Lauterpacht Centre for International Law in Cambridge, England. Her three-part lecture on “The Art of Peace” will take place over three days, beginning February 17, 2014.

The Hersch Lauterpacht Memorial Lecture series commemorates the contribution to the development of international law of Sir Hersch Lauterpacht. The lecture is given annually by a person of eminence in the field of international law, and a revised and expanded version of the lecture is usually published in the Hersch Lauterpacht Lecture Series by Cambridge University Press.

At …

Global Diversity And The Living International Human Rights Law, Obiora C. Okafor

Conference Papers

Professor Obiora Okafor from Johns Hopkins University, Washington DC will open the third cycle of the Owada Chair with the lecture Global Diversity and the Living International Human Rights Law. Following this, there will be a debate on his lecture. Wednesday 17 January will include a roundtable discussion and a PhD workshop.

Following An International Copyright Regime At A Large National Cost: Is It Worth It?, Vaishali Khatri

The Journal of Business, Entrepreneurship & the Law

The main question at issue is which view of copyright law the United States should adhere to. Founders of American copyright law based our Constitution on utilitarian principles that promote the spread of knowledge and information to the general public. It has always been held that innovation and creativity were of core importance in an efficiently functioning democracy. With the passing of Section 514, the United States digressed from its national roots in order to comply with an international regime of copyright law. This decision in Golan takes steps to afford private economic benefit to a few copyright holders at …

Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt

International Law Studies

This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.

Transfer Pricing: Un Practical Manual – China, Richard Thompson Ainsworth, Andrew Shact

Faculty Scholarship

Any contemporary Chinese transfer pricing assessment needs to consider the United Nation (UN) Practical Manual on Transfer Pricing for Developing Countries released in May 2013. In particular, Chapter 10 discusses Country Practices and presents China’s most up to date transfer pricing policy statement.

China is not an Organization for Economic Cooperation and Development (OECD) member nor has it formally adopted the OECD’s Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. Chapter 10 makes it very clear that China is charting a different transfer pricing course in at least nine important areas. China believes that: 1. significant comparability adjustments are …

Around The World: The Struggle Between Confidentiality And The Need For Transparency In German Child Abuse Reporting Laws, Jasmine Prokscha

Children's Legal Rights Journal

No abstract provided.