International Law Commons^™

User Generated Revolution And Censorship: Is There A Right To Revolution?, Chris Desimone

Student Works

No abstract provided.

Region Codes And Human Rights, Molly Land

Faculty Articles and Papers

This essay considers what Professor Peter Yu’s article on DVD region coding, “Region Codes and the Territorial Mess,” illustrates about the challenges associated with using human rights law to respond to limitations on access to knowledge. The kind of activity that Professor Yu points to — the decisions of corporate actors pursuing their own interests that have significant unanticipated effects on individual rights — presents a recurring and thorny problem for those concerned about expression and culture today. At what point do these burdens constitute a human rights violation that can and should be regulated by the state? The essay …

Unsex Mothering: Toward A New Culture Of Parenting, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

In this Article, I observe that “mothering” and “fathering” have been inappropriately tethered to biosex. “Mothering” should be unsexed as the primary parental relationship. “Fathering,” correspondingly, should be unsexed from its breadwinner status. In an ideal world, people now considered “mothers” and “fathers” would be “parents” first, a category that includes all forms of caretaking. One could even imagine an androgynous world in which parenting has no sexed subcategories, whether attached to biosex or not. I doubt our world is anywhere near that; I also wonder whether universal androgyny is a utopian ideal worth pursuing. I instead focus in this …

The South Of The North: Building On On Critical Approaches To International Law With Lessons From The Fourth World, Amar Bhatia

Articles & Book Chapters

As both practice and discipline, international law has been the subject of serious and sustained internal and external critiques since its inception. In fact, the "inception" of international law itself has been the subject of serious and sustained critique for some time now. This debate is of special relevance for Indigenous peoples, most of whom suffer from a double burden in international law, as they are neither Europeans nor dominant political actors within the states whose borders now contain and divide their traditional territories. Apart from the changing role, place, and agency of Indigenous peoples in international law and fora …

Oklahoma And Beyond: Understanding The Wave Of State Anti-Transnational Law Initiatives, Martha F. Davis, Johanna Kalb

Indiana Law Journal

In the past year, initiatives to block judicial consideration of foreign or international law have been introduced in over half of the states. The proposals vary, ranging from the “softer” versions, which codify existing common law principles governing judicial decision making to the more extreme versions, which aggressively bar all consideration of foreign and international law, virtually eliminating judicial discretion regarding the relevance of such law in a particular case. This Essay contends that in all their variations, these anti-transnational law measures pose serious and fundamental challenges to the American judicial system. They undermine our federalist system by ignoring federal …

Piracy Off The Coast Of Somalia: The Argument For Pirate Prosecutions In The National Courts Of Kenya, The Seychelles, And Mauritius, Milena Sterio

Law Faculty Articles and Essays

This article will argue that, in order to combat the rise of Somali piracy, major maritime nations should rely on national prosecutions of Somali pirates in the courts of stable regional partners, such as Kenya, the Seychelles and Mauritius. A systematic transfer program and prosecutions in the national courts of several regional partners would preclude the possibility of pirate catch-and-release, and could ultimately provide enough deterrence to seriously dissuade young Somali men from engaging in piracy. The Somali pirates, enemies of all mankind, may find potent foes in the form of Kenyan, Seychellois and Mauritian prosecutors, who will subject pirates …

Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio

Law Faculty Articles and Essays

The Soviet secret police murdered thousands of Poles near the Katyn Forest, just outside the Russian city of Smolensk, in the early spring of 1940. The Soviets targeted members of the Polish intelligentsia-military officers, doctors, engineers, police officers, and teachers-which Stalin, the Soviet leader, sought to eradicate preventively. At the start of World War II, the Soviet Union viewed Poland as attractive territory, to be conquered and potentially annexed after the war. The Katyn massacre was not discovered until 1943, by the Germans, who instantly blamed the Soviets. The latter, however, blamed the Germans, and the Western Allies begrudgingly accepted …

Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad

UF Law Faculty Publications

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …

The Legal And Policy Implications Of The Possibility Of Palestinian Statehood, Winston P. Nagan, Aitza M. Haddad

UF Law Faculty Publications

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …

Good Governance In The Treaty-Making Process And Its Democratic Dilemma, Wanaporn Techagaisiyavanit

Maurer Theses and Dissertations

The emergence of Thailand’s treaty reform has not only brought change to its legal landscape, but also significant social, political and economic implications within the governing process. While it is political and social in the sense that the mechanisms introduced under Section 190 of the 2007 Constitution (treaty clause) are intended to secure greater accountability and transparency in the public administration through the increased involvements of the public and the institutional branches, the economic dimension derives from the fact that this provision directly deals with the scope of the executive’s authority in the conduct of international relations, trade and investment …

Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant

Law Faculty Scholarship

Comparative law method is essential to determining the customary international law status of rules of human rights law. Doing the hard, detailed work of comparative law is necessary if we are to give up on the unfortunate tendency to make overly broad, unsupported claims that wide varieties of human rights have passed into customary international law.

The traditional use of only interstate practice in determining rules of customary international law is insufficient where the rules concern relationships between states and individuals, especially their own nationals. This, however, is the essence of human rights law.

Comparative law techniques allow, and are …

Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel

Indiana Journal of Global Legal Studies

The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …

The Chinese Independent Director Mechanism Under Changing Macro Political-Economic Settings: Review Of Its First Decade And Two Possible Models For The Future, Chien-Chung Lin

American University Business Law Review

No abstract provided.

A Developing Norm Under International Law: A Case Study Of The Proliferation Security, Sunan J. Rustam

Maurer Theses and Dissertations

Introduced in 2003, the Proliferation Security Initiative (PSI) has developed into a norm of international law. The PSI statement of interdiction has gained status as a principle for conducting maritime interdiction to stop the illicit trafficking of weapons of mass destruction. As of 2011, ninety-eight countries, more than 50% of all countries in the world, have committed to practicing PSI. In addition, eleven ship-boarding agreements concluded with major flag-state countries have given the PSI access to more than 75% of commercial ships worldwide. In the international forum, the PSI has influenced international law, evidenced by the passing of U.N. Security …

Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas

Indiana Journal of Global Legal Studies

In stark contrast to the field of legislation on the rights of third country nationals or to the requirements and conditions for access to the territory of states, the field of the enforcement of immigration control has been increasingly subject to legal harmonization: either by the adoption of global law on immigration control or by the convergence of domestic law and policy in the field. This convergence is particularly marked when one compares legal responses to immigration control in the United States and the European Union, where globalization has been used to justify the extension of state power-by proclaiming state …

Editor's Note, Alfred C. Aman, Micah J. Nichols

Indiana Journal of Global Legal Studies

Globalization and Migration Symposium, Indiana University Maurer School of Law, Bloomington, Indiana, April 7-8, 2011

Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams

Indiana Journal of Global Legal Studies

This Article examines the role that the Burmese diaspora plays from afar in influencing reform inside the country. It offers a brief history of the crisis in Burma as background for identifying the various elements of the diaspora: those on the run from the military; those in camps for internally displaced persons and refugees; migrant workers; leaders of the democracy movement active on Burma's borders; asylees; and professional activists with influence on the international community. The different groups use the different strategies available to them. The leadership on the borders is helping to lead the democracy movement inside the country; …

Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut

Indiana Journal of Global Legal Studies

On September 6, 1901, a self-proclaimed anarchist named Leon Czolgosz fatally shot President William McKinley at the Pan-American Exposition in Buffalo, New York. This paper places the suppression of anarchists and the exclusion and deportation of foreigners in the aftermath of the "shot that shocked the world" within the context of international anti-anarchist efforts, and reveals that President McKinley's assassination successfully pulled the United States into an existing global conversation over how to combat anarchist violence. This paper argues that these anti-anarchist restrictions and the suppression of expression led to the emergence of a "free speech consciousness" among anarchists, and …

Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose

Indiana Journal of Global Legal Studies

Greenpeace uses the developmental republican model of democratic
governance for setting organizational policy. This model does an excellent
job of forming members into effective leaders who are committed to the
organization and its mission. However, Greenpeace could more effectively
encourage the global community to become involved in environmental
activism and set more responsive policy by employing an Internet-based
deliberative democracy policy-setting process.