International Law Commons^™

Common Article 2 And Non-State Reciprocity In The Law Of Armed Conflict, Eric Talbot Jensen, J. Stone Wilson

Emory International Law Review

The majority of today’s armed conflicts are waged between States and non-State actors. Because these conflicts are not between States, they do not fall under the coverage of Common Article 2 (CA2) of the 1949 Geneva Conventions which invokes the full corpus of international humanitarian law. However, the third paragraph of CA2, the “Reciprocity Clause”, was written to provide a mechanism for non-Parties to the Geneva Conventions to invoke the provisions of the Conventions in a conflict with a Party. State Parties agreed to be bound by the Conventions, even in conflicts with non-Parties, as long as those non-Parties agreed …

War Crime Or Ecocide? Ukraine’S Prosecution Of Environmental Crimes Committed By Russian Forces, Michael J. Kelly

Emory International Law Review

No abstract provided.

The Transnationalisation Of Civil Society In East Asia’S War Redress Movement, Timothy Webster

Faculty Scholarship

Transnational human rights litigation is commonly associated with developments in Europe and the Americas during the 1990s. But Asian actors have used legal mobilisation to hold corporate actors to account since at least the 1970s. This chapter charts the first usages of transnational litigation in East Asia’s Word War II redress movement, akin to the Holocaust Restitution movement of the West. Korean and Chinese forced labourers liaised with Japanese attorneys, activists and academics to press compensation claims against Japanese corporations for wartime human rights abuses in Tokyo. Legal mobilisation did not succeed in the traditional sense. Yet, the formation of …

Human Rights In Technology -- A Need For A New Norm, Els De Busser

Case Western Reserve Journal of International Law

The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new technology combined with a form of governance that regulates problems we do not know exist yet. (Abstract from author.)

The Geneva Conventions At 75: An Argument That New Legal Authority Is Needed To Fill Critical Gaps, Sandra Hodgkinson

Case Western Reserve Journal of International Law

For seventy-five years, the Geneva Conventions have served as the gold standard of treatment for military forces that take part in hostilities. However, modern developments on the battlefield, including the rise of non-state actors in today’s conflicts, have exposed gaps in the Geneva Conventions that require new legal authority. States should pursue avenues to fill these gaps with binding new legal authority, as well as continue the development of customary international law, and soft-law projects. (Abstract from author.)

Space Warfare: Do We Need Additional Treaties?, Col. Stuart A. Pettis (Ret.)

Case Western Reserve Journal of International Law

With the growth in counter-space weapons and military services dedicated to space, should International Humanitarian Law be expanded to address a “war in space?” This Paper will examine what a conflict in space would look like and existing laws that govern military activities in space. Ultimately, this paper will argue that International Humanitarian Law is already flexible enough to address this new venue for conflict. (Abstract from author.)

The Inevitability Of Adaptability – Comparative Contributions To Understanding Originalism, Anna Conley

Emory International Law Review

What can comparative law teach us about originalism as a constitutional interpretation method? After synthesizing existing comparative analyses, this article seeks to redefine comparative law’s role in understanding originalism. When defining originalism strictly to require adherence to fixed original meaning, originalism is not used by courts anywhere in the world. Instead, courts use history purposively to understand the intent behind constitutional text as one of many methods of interpretation. Comparative works suggest historical constitutional interpretation has a complex relationship with rights, politics and culture.

Comparative law can provide not only descriptive understandings of originalism but also interrogate its mandate that …

Dedication And Acknowledgements, Staff And Editors Of Volume 39

Emory International Law Review

No abstract provided.

Ai Art And U.S. Copyright Decisions: What The U.S. Can Do Differently Than China And The E.U. To Efficiently Promote Balance Between Ai Innovation And Copyright Regulation, Adam Pycior

Loyola University Chicago International Law Review

The rapid development of Artificial Intelligence ("Al") in recent years has spurred a plethora of discussions concerning ethical boundaries, government regulations, and more. Thaler v. Perlmutter highlights a unique one: the challenging question of if, and how, AI generated artworks may be copyrightable. The court denied copyright to plaintiff Stephen Thaler's work "A Recent Entrance to Paradise" generated by his AI system, "The Creativity Machine," holding that autonomously generated works cannot be copyrighted under the existing precedent. However, the court failed to answer, though it acknowledged, the pressing question as to the degree of human input necessary to copyright such …

The Next Chapter Of Apartheid Is "Gender Apartheid", Naheed A. Farid

University of San Francisco Law Review

No abstract provided.

Setting The Truth Free: The Case For Restoring The Central American University Of Nicaragua Through The Framework Of International Human Rights Law, Samuel Gearing

University of San Francisco Law Review

No abstract provided.

The Political Question Doctrine And The International Court Of Justice, Halil Rahman Basaran

University of San Francisco Law Review

No abstract provided.

Cleaning Our Hands Of Climate Washing: Promoting Corporate Responsibility With The European Union’S Corporate Sustainability Due Diligence Directive, Parker M. Jacobs

University of San Francisco Law Review

No abstract provided.

‘Preventing Births’ As A Gender-Neutral Harm: Making Sense Of Reproductive Violence In South Africa’S Genocide Case Against Israel, Heidi Matthews

Articles & Book Chapters

Abstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal …

International Claims Commissions As Reparations, Chiara Giorgetti

Law Faculty Publications

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide“full reparation” for the injury caused. However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in …

Core Skills & "Cool Tools" From The Third Generation Of Fcil Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, Latia Ward

Library Staff Publications

There have been three generations of foreign, comparative, and international law (FCIL) librarians in the United States (US) in the postwar era. FCIL librarians of the first generation were foreign lawyers who emigrated to the US after World War II. Those of the second generation were American lawyer-librarians who built the infrastructure of FCIL librarianship into what it is today. The third generation of FCIL librarians includes the authors of this article. We perform many of the same research tasks as our predecessors, but we do so primarily online through an ever-evolving array of new and emerging technologies. This article …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 9, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Book Review, Rumyana Van Ark Et Al., Children’S Rights, ‘Foreign Fighters’, Counter-Terrorism: Children Of Nowhere (2024), Mark A. Drumbl

Scholarly Articles

The focus of Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere is on foreign fighters who join terrorist groups, ISIS, and other entities engaged in armed conflict in Syria and Iraq. Counterterrorism measures, and the threats of terrorist attacks, have triggered a degradation and distortion of law. I have noted this following the 9/11 attacks and the concomitant refusal to treat children associated with terrorist groups as protected child soldiers. Whereas child soldiers in distant African conflicts are largely seen in the centers of global power as ‘faultless, passive victims’ of a pathological society, child terrorists taken as disruptive of …

Law Library Blog (January 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.