International Law Commons^™

Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson

Buffalo Law Review

No abstract provided.

Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett

Buffalo Law Review

No abstract provided.

Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller

Buffalo Law Review

No abstract provided.

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

Buffalo Law Review

No abstract provided.

The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn

University of Miami International and Comparative Law Review

No abstract provided.

Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake

Faculty Publications

No abstract provided.

Customary International Law As Explained By Status Instead Of Contract, John J. Chung

Law Faculty Scholarship

No abstract provided.

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Georgetown Law Faculty Publications and Other Works

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …

Changing Venue Of International Governance And Finance: Exercising Legal Control Over The $100 Billion Per Year Climate Fund?, Steven Ferrey

Suffolk University Law School Faculty Works

Developed countries have committed to the largest sustained international transfer of wealth in history: an additional $100 billion per year of foreign assistance continuing in perpetuity under the Copenhagen Accord to deal with global warming in developing countries. A legal microscope has been focused by various international parties to scrutinize these funds. These trillions of dollars of international finance must be applied correctly, or the entire globe warms, and humanity suffers.

Developing countries demand that these funds be administered through new organizations with control by recipient, rather than donor, nations, with fewer administrative requirements and monitoring of recipient expenditure decisions. …

Book Review, International Organizations: Politics, Law, Practice (2010), Timothy L. Meyer

Scholarly Works

This essay reviews Ian Hurd’s International Organizations: Politics, Law, Practice. International law and international relations scholars are increasingly interested in the variation in the structures and powers of international organizations, as well as how that variation affects state decisions to comply with international law. Hurd’s book offers a nuanced overview of the relationship between the legal powers of international organizations and the political contexts in which they operate. The book uses eight case studies, including the United Nations, the World Trade Organization, the International Court of Justice, and the International Labor Organization, to assess how different political environments and institutional …

The Chinese People's Struggle For Democracy And China's Long Quest For Dignity, Man Yee Karen Lee

Connecticut Journal of International Law

On the 10th of December 2008, the sixtieth anniversary of the Universal Declaration of Human Rights (UDHR), a group of Chinese intellectuals jointly declared "Charter 08," a manifesto for China's democratic reforms modeled after liberal constitutionalism widely practiced in the West.3 The original Charter had 303 signatories, but its online circulation soon triggered reverberations among many Mainland Internet users and unnerved the Chinese leadership, resulting in an immediate clampdown and the arrest of one of its prominent founders, Liu Xiaobo, a literature-professor-cum-dissident. Having endured a number of closed trials, Liu was found guilty, on 25 December 2009, of the crime …

S-Comm: Shattering Communities, Hannah Weinstein

Cardozo Public Law, Policy & Ethics Journal

The note argues that the Secure Communities program, initiated by the Department of Homeland Security (DHS) in 2008, operates unlawfully under the Administrative Procedure Act (APA) and raises significant constitutional concerns. By bypassing notice-and-comment requirements and failing to address public concerns, the program has led to racial profiling, pretextual arrests, and widespread detention of noncriminal individuals, undermining its stated goals and eroding community trust in law enforcement. The analysis calls for immediate cessation of the program and congressional funding due to its legal violations and harmful consequences.

Neuroscience In The Courtroom: An International Concern, Dominique J. Church

William & Mary Law Review

No abstract provided.

Codifying Custom, Timothy L. Meyer

Scholarly Works

Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported virtues, including systematizing, centralizing, and clarifying the law. These attributes are thought to increase the general welfare of those subject to legal rules, and therefore to justify and explain codification. The codification literature, however, overlooks codification’s distributive consequences. In so doing, the literature misses the primary motive for codification: to define legal rules in a way that advantages individual codifying institutions, regardless of how codification affects …

The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed

University of Miami International and Comparative Law Review

No abstract provided.

Hard, Soft, And Embedded: Implementing Principles On Promoting Responsible Sovereign Lending And Borrowing, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

This paper, prepared for UNCTAD’s initiative on responsible sovereign lending and borrowing, considers concrete strategies for implementing the Principles. It draws on studies in soft law and new governance, and on the recent experience in promoting best practices in international finance, including project finance, extraction revenue management, foreign aid, sovereign investment, and sovereign borrowing in the capital markets. It recommends maintaining the current non-binding character of the Principles, while embedding implementation in multi-stakeholder arrangements for ongoing disclosure, assessment, interpretation, and adaptation. This strategy has the best chance of changing behavior in sovereign lending and borrowing by creating constituencies for implementation …

The Jessica Lenahan Nee Gonzales Story, Radha Mohan

Connecticut Journal of International Law

On June 22, 1999, Simon Gonzales abducted his three daughters from their mother's residence in Castle Rock, Colorado, in violation of a domestic violence restraining order.' Jessica Gonzales repeatedly called the local police department and asked them to locate her husband and children to enforce the order.' The police failed to respond, though they were obligated under state law to arrest any individual who violated a restraining order.3 Mrs. Gonzales grew increasingly concerned and telephoned the police repeatedly, explaining Mr. Gonzales's precarious mental state and the unusual phone calls she received from Mr. Gonzales's girlfriend, regarding his behavior.' The police …

Defining Genuine Use Requirements Of Community Trade Marks In Light Of An Expanding European Union, Emily Bolton

Connecticut Journal of International Law

Since its inception, one of the primary goals of the establishment of the European Union has been to create a single internal market, providing for the free movement of goods, services, people, and capital, and to ultimately allow Europe to compete with the growing economic powers of the world. Undoubtedly, trademark law has an integral role in the development of such a system. The Community trademark system was introduced four decades after the European Economic Community was first established and was created with the aim of improving the functioning of the internal market as a single market.

Under the current …

"Dangerous" Dancehall Reggae And Caribbean Treaty Obligations, Andrea M. Ewart, Kimberly R. Villiers

Connecticut Journal of International Law

Jamaican Dancehall has increasingly become associated with violent, sexuallydemeaning, and sometimes homophobic lyrics. The lyrics to these songs and their suggested link to violence have led a growing number of fellow Caribbean governments to refuse entry to Jamaican dancehall artistes and to ban their performances within their countries. However, the countries are also signatories to a Caribbean trade agreement which guarantees the banned artistes the right to travel to and freely provide their services within these countries. The countries instituting the bans have relied on Article 226 of the Treaty, which mirroring Article XIV(a) of the General Agreement on Trade …

The Undertaking Of Adjustment Of Conduct In Brazilian Collective Procedural Law, Humberto Dalla Bernadina De Pinho

Connecticut Journal of International Law

No abstract provided.