International Law Commons^™

The Humanitarian And Human Rights Duties Of The United Nations Security Council, George E. Weber

University of Baltimore Journal of International Law

International intervention has increased in recent history for the abuses of humanitarian law and human rights. This article reflects on the history of human rights and humanitarian law reasoned interventions authorized by the United Nations Security Council and examines whether a duty now exists in international law for future action. The question of whether a duty exists, and the legal repercussions of failing to exercise that duty, is of paramount importance to international law. Whether the duty currently exists or is currently developing, the analysis that follows will show why the Security Council should have the duty of intervention and …

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte

Scholarly Articles

The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.

China And The Future Of International Adjudication, Julian Ku

Maryland Journal of International Law

No abstract provided.

Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen

Maryland Journal of International Law

No abstract provided.

What Is Competition?, Maurice Stucke

Book Chapters

No abstract provided.

Resolving Ambiguity In The Fcpa Through Compliance With The Oecd Convention On Bribery Of Foreign Public Officials, Eric J. Smith

Maryland Journal of International Law

No abstract provided.

Memorial Of The Applicant, James Van Wyck, Justin Dick

Canada-United States Law Journal

No abstract provided.

Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria

Ateneo School of Law Publications

While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.

In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …

Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Discusses the issue of 'soft law' in the context of space activities, the characteristics of 'law' and '(international) space law,' the role of 'law' per se in the context of space activities, the use of qualified language in legal documents (including clauses beginning with words like should or may).

It is finally submitted that, while never losing sight of the benefits of a clear and coherent legal framework probably still best reflected through a treaty regime, in the arena of space activities there is considerable benefit from such mechanisms usually labelled 'soft law', whether in the context of customary …

Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang

Faculty Articles and Other Publications

This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.

Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld

Student Articles and Papers

Cross-border bankruptcy continues to be an important topic within bankruptcy regimes worldwide. As more corporations find themselves interacting in a market without the confines of geographic borders, countries need to adapt their regulatory schemes to be able to properly handle an orderly liquidation or reorganization without an adverse impact on the economy. This paper discuses the challenges of a cross-border bankruptcy regime that would be effective and proposes a cooperative solution for increasing coordination among insolvency proceedings. As a result of increasing cooperation among jurisdiction in light of the recent and ongoing financial crisis, reform within the bankruptcy regimes around …

The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich

Faculty Working Papers

This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …

The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter

Faculty Working Papers

This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional review jurisdiction to ICs based on a coding of legal instruments defining the jurisdiction of 25 ICs. I show how the design of ICs varies by judicial role and argue that the delegation of multiple roles to ICs helps explain the shift in IC design to include compulsory jurisdiction and access for nonstate actors to initiate litigation. I am interested in …

Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich

Faculty Working Papers

Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …

Cadbury Twenty Years On, Cally Jordan

Faculty Papers & Publications

This year marks the twentieth anniversary of the publication of the Cadbury Report, one of the most significant events in modern corporate governance. The Cadbury Report, and its simple two page 'best practices', triggered a global debate on corporate governance. 'Cadbury' codes of corporate governance spread like wildfire. The legacy of the Cadbury Report lives on in the UK with no diminution in the appeal of its voluntary code/comply or explain approach to corporate governance. But there are several clouds looming on the horizon. Comply or explain and voluntary codes of corporate governance appear to have run their course elsewhere …

Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin

Law Faculty Research Publications

The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …

Senses Of Sen: Reflections On Amartya Sen’S Ideas Of Justice, César Arjona, Arif A. Jamal, Carrie Menkel-Meadow, Victor V. Ramraj, Francisco Satiro

Faculty Papers & Publications

This review essay explores how Amartya Sen’s recent book, The Idea of Justice, is relevant and important for the development and assessment of transnational theories and applications to transnational justice and legal education programs. The essay captures a trans-jural dialogue of multinational scholars and teachers, discussing Sen’s contributions to moral justice theory (criticizing programs for “transcendental institutionalism” (like Rawlsian theory) and instead focusing on “comparative broadening” including empirical, relative, and comparative assessments of programs to ameliorate injustice in the world in its comparative concreteness (as in Indian social justice theory and Adam Smith’s Theory of Moral Sentiments and related …

Symposium: The Global Impact And Implemenation Of Human Rights Norms, Richard J. Goldstone

Global Business & Development Law Journal

No abstract provided.

Forward, Fausto Pocar

Global Business & Development Law Journal

No abstract provided.

The Global Impact And Implementation Of Human Rights Norms Introduction, Linda Carter

Global Business & Development Law Journal

No abstract provided.