Libya: A Multilateral Constitutional Moment?,
2012
Fordham University School of Law
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Faculty Scholarship
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 …
Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses,
2012
Benjamin N. Cardozo School of Law
Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses, Alexander Melnitzky
Cardozo Journal of International and Comparative Law
The note argues that cyber espionage, particularly by China, poses a significant threat to U.S. national security and should be treated as a national security issue rather than solely a criminal matter. It advocates for the use of active defenses as a legal and justified response, asserting that such measures align with international law and the principles of jus ad bellum and jus in bello.
Katyn: Justice Delayed Or Justice Denied? Report Of The Cleveland Experts' Meeting,
2012
Case Western Reserve University - School of Law
Katyn: Justice Delayed Or Justice Denied? Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda
Faculty Publications
Report of the Frederick K. Cox International Law Center and the Libra Institute, Inc. hosted a Symposium and Experts Meeting in commemoration of the 70th anniversary of the Katyn massacre, Cleveland, OH, February 4-5, 2011
The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East, Michael Kagan
Scholarly Works
Many challenges surrounding refugee protection relate to a de facto shift of responsibility from sovereign governments to the UN Refugee Agency (UNHCR) to directly administer refugee policy. This phenomenon is legally anomalous, and it is UNHCR policy to avoid the operation of such "parallel structures." Yet the existence of a UN "surrogate state" offers important advantages to some host governments, which makes state-to- UNHCR responsibility shift difficult to reverse. Using the Arab Middle East as a case study, this article argues that, while not ideal, UNHCR's state substitution role offers important symbolic and material benefits to governments that host refugees …
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Scholarly Works
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on …
Gat, Solvay, And The Centralization Of Patent Litigation In Europe,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble
Scholarly Works
No abstract provided.
Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism,
2012
Louisiana State University Law Center
Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson
Journal Articles
No abstract provided.
Crumbs From The Table: The Syrophoenician Woman And International Law,
2012
Seattle University School of Law
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark A. Chinen
Faculty Articles
The article presents information on the Syrophoenician woman with respect to the international law and the international response to global crisis like climatic change. The views of scholars like Bhalakrishna Rajagopal, Amartya Sen and David Boucher are presented on the issue of modern challenges that pose a threat to international justice and international law. Information on the Syrophoenician woman is presented with reference to a passage in the Gospel of Mark.
The Global Food System, Environmental Protection, And Human Rights,
2012
Seattle University School of Law
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
Faculty Articles
The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …
Microinvestment Disputes,
2012
Seattle University School of Law
Microinvestment Disputes, Perry Bechky
Faculty Articles
Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word “investment” in the Convention establishing the International Centre for Settlement of Investment Disputes (ICSID), although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID arbitration. The Salini debate is central to this field because it shapes the nature, purpose, and volume of ICSID arbitration—and also determines who gets to decide those matters. In particular, Salini’s decision to include “a contribution to development” as an element of its objective definition of …
Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity,
2012
Osgoode Hall Law School of York University
Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi
Articles & Book Chapters
This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated …
Introductory Note To The International Court Of Justice: Ahmadou Sadio Diallo (Republic Of Guinea V. Democratic Republic Of The Congo) Compensation Owed By The Democratic Republic Of The Congo To The Republic Of Guinea,
2012
University of Richmond
Introductory Note To The International Court Of Justice: Ahmadou Sadio Diallo (Republic Of Guinea V. Democratic Republic Of The Congo) Compensation Owed By The Democratic Republic Of The Congo To The Republic Of Guinea, Chiara Giorgetti
Law Faculty Publications
On June 12, 2012, the International Court of Justice ("ICJ" or the "Court") ordered the Republic of the Congo ("DRC") to pay the Republic of Guinea ("Guinea") U.S. $95,000 in compensation for material and non-material injury to Guinea's national Ahmadou Sadio Diallo. The Judgment is notable for several reasons. First, the mere fact that the Court fixed an amount of compensation owned to Guinea is relevant, as this is only the second time in the history of the Court that such a measure was adopted. Second, in reaching its decision, the Court relied heavily on decisions of other international courts …
Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance,
2012
Georgetown University Law Center
Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article provides an exegesis of the recently entered-into-force African Charter on Democracy, Elections and Governance. Democracy has a decidedly mixed history in Africa and, despite a concerted effort by the African Union (AU), it has made only halting inroads in those states that are nondemocratic or struggling to consolidate democracy. That may change as more states ratify and implement the Charter, a comprehensive regional attempt to promote, protect, and consolidate democracy that entered into force in February 2012. This Charter, the culmination of two decades of African thinking on how democracy should develop on the continent, represents the AU’s …
Where Liberty Lies: Civil Society And Individual Rights After 9/11,
2012
Georgetown University Law Center
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
From Goods To A Good Life: Intellectual Property And Global Justice,
2012
Georgetown University Law Center
From Goods To A Good Life: Intellectual Property And Global Justice, Madhavi Sunder
Georgetown Law Faculty Publications and Other Works
Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book Madhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in …
Alien Tort Claims And The Status Of Customary International Law,
2012
Georgetown University Law Center
Alien Tort Claims And The Status Of Customary International Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Much of the recent debate about the status of customary international law in the U.S. legal system has revolved around the alien tort provision of the Judiciary Act of 1789, currently section 1350 of Title 28. In Filártiga v. Peńa-Irala, the decision that launched modern human rights litigation in the United States, the Court of Appeals for the Second Circuit relied on the view that customary international law has the status of federal common law in upholding section 1350’s grant of federal jurisdiction over a suit between aliens. The court’s position that customary international law was federal law was …
Policing International Prosecutors,
2012
Southern Methodist University, Dedman School of Law
Policing International Prosecutors, Jenia I. Turner
Faculty Journal Articles and Book Chapters
A recurring question in international criminal procedure is how to ensure that prosecutors are held accountable for their errors and misconduct. When International Criminal Court (ICC) judges encountered the first serious error by the prosecution in Prosecutor v. Lubanga, they opted for an absolutist approach to remedies: the judges stayed the proceedings and ordered the release of the defendant. Although termination of the case was avoided through the intervention of the Appeals Chamber, the standoff between the judges and the prosecution highlighted the dilemmas that the ICC faces in these circumstances. To protect the integrity of its proceedings, the court …
The Second Annual Environmental Law And Justice Symposium Issue,
2012
Florida A & M University College of Law
The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate
Florida A & M University Law Review
No abstract provided.
Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice,
2012
Florida A&M University College of Law
Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu
Florida A & M University Law Review
China's unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country's environment. Set against the backdrop of China's daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then …
Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil,
2012
Florida A&M University College of Law
Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley
Florida A & M University Law Review
No abstract provided.
