International Law Commons^™

Realizing The International Human Right To Health For Non-Citizens In The United States, Eleanor D. Kinney

Notre Dame Journal of International & Comparative Law

No abstract provided.

International Media Law Reform And First Amendment Agnosticism: Review Of Lee Bollinger’S Uninhibited, Robust, And Wide-Open: A Free Press For A New Century, Enrique Armijo

Federal Communications Law Journal

Lee Bollinger's Uninhibited, Robust, and Wide-Open argues that in an increasingly globalized world, the United States must seek to export First Amendment free press principles to other countries. His project, however, is belied by the fact that media law is a product of context and history as much as legalism. His proposals for reconceptualizing our own animating vision for a free press here in the States are also in many important respects inconsistent with the First Amendment itself.

What Nations Are Doing About Immigrant Workers In Downturn Economies: Examining And Comparing The Recent Treatment Of Immigrant Workers In The United States And Spain, María Pabón López

Notre Dame Journal of International & Comparative Law

No abstract provided.

A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado

Notre Dame Journal of International & Comparative Law

Member States of the United Nations (U.N.) are responsible for taking appropriate measures to prevent, investigate, punish, and provide effective remedies for relevant misconduct of private military and security companies (PMSCs) and their personnel; their responsibilities fully remain, even if States have chosen to contract out certain security functions. The widespread outsourcing of military and security functions to private companies in situations of low-intensity conflicts, international relief, and contingency operations has been a major phenomenon in the past twenty years. The grave human rights violations in which they have been involved in Iraq and Afghanistan have been the focus of …

Human Rights Aspirations, Professional Obligations: Practitioner Survey On The Ethics Of Domestic Human Rights, Beth Lyon

Notre Dame Journal of International & Comparative Law

This article examines the little-explored ethical dimensions of an important trend toward the use of international law in U.S. civil rights and social justice advocacy. Internationalized civil rights work, described here as “domestic human rights,” is a growing practice area that plays out in a unique ethical context that has received little academic attention. An important first step toward generalizing about the ethical issues arising in domestic human rights advocacy is to learn about the current state of practice, and to begin that project, the author carried out an advocate survey. The goal of the survey was to gain insight …

The Case Of Detainees Tortured In The Name Of National Security And The "War On Terror:" Are They Entitled To Reparations?, Julie Dubé Gagnon

Notre Dame Journal of International & Comparative Law

Between 2001 and 2009, the United States of America (U.S.) allegedly committed acts of torture initiated at high levels of the government and carried out by the U.S. military, the CIA, and private contractors in territories under U.S. control (Guantanamo Bay, Iraq and Afghanistan), in secret prisons abroad allowed by a policy of extraordinary renditions. The grand majority of the torture victims are not U.S. citizens, nor residents of this country. This paper concludes that the alleged victims of torture have a right to reparations under international human rights law and that the U.S.’s responses to such allegations thus far …

How Effective The International Criminal Court Has Been: Evaluating The Work And Progress Of The International Criminal Court, Moses Retselisitsoe Phooko

Notre Dame Journal of International & Comparative Law

There are serious challenges facing the International Criminal Court (ICC). Two of these hindrances are that: firstly, the ICC has been accused of only targeting the African continent; and secondly, the Rome Statute of the International Criminal Court (Rome Statute) has no enforcement mechanism against the state parties who refuse to cooperate with the court. In light of these challenges, the question is whether the ICC would be able to meet the expectations of the international community. The significance of this study is to contribute to the effort of making the ICC an independent, credible and effective tribunal to end …

Masthead Volume 1

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editors, Trevor Jack, Jolie Schwarz

Notre Dame Journal of International & Comparative Law

With the establishment of this journal, NDLS joins the ranks of dozens of top law schools with international law journals and we hope this journal will contribute to the development and appreciation of international, comparative and human rights law.

Jurisdiction, Treaties, And Due Process, Roberto Iraola

Buffalo Law Review

No abstract provided.

Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of developments in Canadian food law and policy in 2010. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm.

European Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the developments that occurred since October 2010 in the areas of genetically modified organisms, novel foods, contaminants, food quality, and labeling.

The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea

Journal of Food Law & Policy

In a 1992 letter to the New York Times, a man named Paul Lewis referred to genetically modified (GM) crops as "Frankenfood," and wryly suggested it might be "time to gather the villagers, light some torches and head to the castle." Little did Lewis know that his neologism would become the rallying cry for activists around the world protesting the dangers of genetic engineering. The environmental activist group Greenpeace made great use of the "Frankenfood" epithet in their anti-GM campaigns of the 1990s, though they have since backed away from the word and the hardline stance it represents. But genetically …

Nash Equilibrium And International Law, Jens David Ohlin

Cornell Law Faculty Publications

Game theory has been a mainstay in the international relations literature for several decades, but its appearance in the international law literature is of a far more recent vintage. Recent accounts have harnessed game theory's alleged lessons in service of a new brand of "realism" about international law. These skeptical accounts conclude that international law loses its normative force because states that 'follow" international law merely are participants in a Prisoner's Dilemma seeking to achieve self-interested outcomes. Such claims are not just vastly exaggerated; they represent a profound misunderstanding about the significance of game theory. Properly conceived, the best way …

United Nations Peacekeeping Operations And Security And Reconstruction, Muna Ndulo

Cornell Law Faculty Publications

Several studies show that despite recent increases in the number of minor conflicts, long-term trends suggest that international and civil wars are declining. Analyzing the causes of the improvement in global security since 1990, the 2006 Human Security Report argues that the United Nations played a critically important role in spearheading a huge upsurge of international conflict prevention, peacekeeping and peacebuilding activities. Although the number of wars has decreased, far too many remain — and there are still several places of instability around the globe that could easily turn into conflict areas. In August 2000, a famous UN report, the …

Executing Foster V. Neilson: The Two-Step Approach To Analyzing Self-Executing Treaties, David Sloss

Faculty Publications

The Supreme Court’s 2008 decision in Medellin v. Texas unleashed a flood of new scholarship on the doctrine of self-executing treaties. Unfortunately, the entire debate has been founded on two erroneous assumptions. First, courts and commentators have assumed that self-execution is a treaty interpretation question. Second, they have assumed that the modern doctrine of self-execution is essentially the same as the doctrine articulated by Chief Justice Marshall in his seminal opinion in Foster v. Neilson. The consensus view is wrong on both counts.

Properly framed, the self-execution inquiry comprises two distinct questions. First, what does the treaty obligate the United …

China And The New Asia: Policy Recommendations, Tasha N. Haug

Senior Honors Theses

The People’s Republic of China is an indispensable political and economic force in Asia. With the majority of the United States’ foreign economic interests invested in the Asia-Pacific region, the leading role that China is taking is a major concern. The Asia-Pacific region is strategically important to the US. How US policy makers craft foreign policy toward Asia has a direct impact on US involvement in the region. Unless the US becomes more invested in Asia, develops a comprehensive understanding of China’s role in the region, and proactively pursue strategic relationships, US influence in Asian affairs will become a thing …

Let My People Go!, Kenneth Lasson

All Faculty Scholarship

This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Research Reports & White Papers

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …

Responsibility To Protect, Libya To Japan, Linda A. Malone

Popular Media

No abstract provided.