International Law Commons^™

How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young

William & Mary Law Review

No abstract provided.

Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt

William & Mary Law Review

No abstract provided.

The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt

Pepperdine Law Review

No abstract provided.

Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk

Pepperdine Law Review

No abstract provided.

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.

Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane

Pepperdine Law Review

No abstract provided.

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …

Information Freedom, A Constitutional Value For The 21st Century, Christopher Witteman

UC Law SF International Law Review

On July 2, 2012, Verizon filed a brief with the United States Court of Appeals, District of Columbia Circuit, stating that the open-network, antidiscrimination rules adopted by the Federal Communications Commission "violate[d] the First Amendment by stripping [Verizon] of control over the transmission of speech on [its] network." Verizon argued that its broadband network is its "microphone" and its "newspaper," essentially claiming the online communications of some 200 million Americans as its own.

This article first describes how the United States First Amendment and communications law have evolved to a point where Verizon's argument is plausible. It then compares our …

Public Law And Social Human Rights, Areto A. Imoukuede

Faculty Books and Book Contributions

This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.

Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell

Law Faculty Scholarship

Euro Disneyland (since renamed Disneyland Resort Paris) in Marne-la-Vallée, France was declared a success even before it was built, and yet it narrowly escaped a humiliating bankruptcy after opening. This article applies intercultural negotiation theory to examine how The Walt Disney Company proved fallible in its negotiations with the French government and citizens in the course of constructing and operating Euro Disneyland.

Through a case study of the negotiations, this article reveals why the reality proved so different from the expectations. It concludes with advice for how The Walt Disney Company — and, by implication, any multinational firm — should …

On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman

Law Faculty Publications

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to challenge abuses of executive power in the context of the War on Terror. The Supreme Court first embraced and gave shape to the SSP as an evidentiary privilege in a 1953 case, United States v. Reynolds. Increasingly, the government relies on the SSP to seek pre-discovery dismissal of suits alleging torts and constitutional violations by the government. Lower federal courts have permitted such pre-discovery dismissal because they have confused the SSP with a non-justiciability doctrine derived from an 1875 case, Totten v. United States …

A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman

Law Faculty Publications

Hans Kelsen identified three possible relationships between the international and domestic legal orders. Dualism understands the international and domestic legal orders as separate and independent. Monism describes a single and comprehensive legal order but can operate with either domestic law or international law as a higher order law. Like many domestic legal orders, that of the United States has never fully worked out which of these three options specifies the status of international law in its domestic legal order. While the text of the United States Constitution suggests a form of monism in which international law is automatically part of …

Obligation To Proceed To The Second Trial And The Potential Defense Argument, Kyunghwa Kim

War Crimes Memoranda

No abstract provided.

Political Pressure And Political Interference In The Function Of The Judiciary, Nathaniel T. Dreyfuss

War Crimes Memoranda

No abstract provided.

Sexual Violence, The Ad Hoc Tribunals And The International Criminal Court: Reconciling Akayesu And Kunarac, Caleb J. Fountain

ILSA Journal of International & Comparative Law

The International Criminal Court (ICC) will soon be the dominant international forum adjudicating allegations of international crimes, as those currently in operation are projected to complete their mandates in the next few years.

Anticipatory Slef-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap, Jr.

ILSA Journal of International & Comparative Law

Few contemporary issues of international security are more prominent than the dilemma posed by Iranian efforts to develop a nuclear weapon.

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sa'couto

ILSA Journal of International & Comparative Law

Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

ILSA Journal of International & Comparative Law

The subject of this Panel' is the authority of Congress and the President on matters that affect foreign affairs, when they disagree.

Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga

ILSA Journal of International & Comparative Law

Maritime piracy is a very unique offence planned on dry land and executed on the high seas, a place falling under the jurisdiction of no state, by men and boys recruited and facilitated by pirate kingpins and financiers.