International Law Commons^™

Penanganan Kasus International Child Abduction Di Indonesia: Studi Kasus Penculikan Ezekiel Gionata Purba & Penculikan Enrico Johannes Susanto Carluen, Dhani Ershiano, Ari Wahyudi Hertanto, Benedetto Setyo Satrio Utomo

Jurnal Hukum & Pembangunan

Child protection, particularly in preventing and addressing cases of international child abduction, is an obligation of all states. This phenomenon frequently occurs in Indonesia when a foreign-national parent, following divorce, unilaterally takes their biological child abroad in violation of court-granted custody, guardianship, and/or access rights of the other parent. Currently, Indonesia lacks adequate legal provisions to prevent and resolve cases of international child abduction. Moreover, Indonesia has not yet acceded to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (“the 1980 Hague Convention”). This convention establishes a legal mechanism to ensure the prompt return …

Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

FIU Law Review

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

Legalist Realism, Mark A. Drumbl

FIU Law Review

This article explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of 'legalist realism'. Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Yvonne M. Dutton, Milena Sterio

FIU Law Review

No abstract provided.

Professor Megan A. Fairlie's Scholarship On The Relationship Between The United States And The International Criminal Court, Jennifer Trahan

FIU Law Review

No abstract provided.

Constitutionalizing Climate Rights, Mark Nevitt

FIU Law Review

No abstract provided.

A Discourse Analysis Of The Development Of Institutional Compliance Mechanisms At The International Maritime Organization, Rebecca Pskowski

World Maritime University Ph.D. Dissertations

The International Maritime Organization (IMO) plays a pivotal and essential role in international maritime governance, providing a forum for nation states to develop and agree to international standards for maritime safety and security and the protection of the marine environment. IMO is widely perceived to be one of the most successful universal international organizations (IOS), because of the high technical quality of the conventions and other legal instruments it develops, and the near-universal acceptance of most of those instruments. IMO could be seen as an exemplar of the "technical" specialized United Nations agency, where nation-states set aside politics to agree …

Who Speaks For The State?, Robert Young, Kristina Daugirdas, Diem Ho, Duncan Pickard, Larry D. Johnson

Articles

Who speaks for the state is a critical question in international relations. Statements by government representatives have normative force—capable of binding the state in numerous ways, from norm formation to staking out a litigation position. Governments choose their representatives carefully, and typically vet positions and even statements in advance. Indeed, the stability of international relations hinges on the assumption that state representatives act with governmental authority. The stakes of disputes over who speaks for the state are thus high.

Several such contestations have emerged in recent years, in a variety of international fora. At the United Nations General Assembly, the …

Shooting For The Stars: The Place Of International Economic Law In The International Legal Order, Valentina Vadi

Indian Journal of International Economic Law

In the universe of international law, the galaxy of international economic law (IEL) consists of various legal instruments, institutions, and experts that – like stars, planets, and vast clouds of dust – are all bound together by gravity. Like cosmonauts, international economic courts ‘must look for reliable reference points in the known legal cosmology.’2 This article aims to contextualise the galaxy of international economic law within the universe of international law, discuss its role within the same, and identify some reference points that can help adjudicators navigate by the stars.

Beyond A Boundary Of Systemic Anti-Black Racism In The Workplace In Canada, Adelle Blackett

Dalhousie Law Journal

In this lecture, I will, however, focus on one of the legacies of slavery, that is, the largely untold story of racial segregation in the world of work in Canada. We have come so effectively, and rightly, to focus on the effects of discrimination, that we may have inadvertently walked past the history. Reclaiming this history will comprise the first part of my talk.

The second part of my talk will reference the emergence of the duty of fair representation. I will seek to illustrate the weight of the erasure of anti-Black racism through this duty. In other words, far …

The Legal Ramifications Of Israel’S Destruction Of Gaza’S Healthcare System, Serene Mistkawi

Lewis & Clark Law Review

This Comment argues that Israel’s attacks on the medical infrastructure of Gaza are a violation of international law because hospitals are protected zones and medical personnel are civilians. To Israel’s response that Hamas is attack-ing from hospitals, thereby rendering them legitimate targets, this Comment presents a number of responses: (1) there is little to no evidence that Hamas is doing this; (2) even if Hamas is doing this, the military gains from attacking hospitals are outweighed by the civilian deaths; (3) even if Hamas is doing this and there is significant military gain from attacking hospitals, the interna-tional rules have …

But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha

Scholarly Articles in Law Reviews & Journals

Internal displacement, the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence on drawing a legal line in the sand based on which side of a border displacement transpires upon. Internally displaced persons (IDPs)-both in recent history and in the projected future-far outnumber people displaced across borders. Both rhetorical maneuverings and traditional international legal …

But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha

Scholarly Articles in Law Reviews & Journals

Internal displacement, encapsulating the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence of making a legal line in the sand based on which side of a border displacement ultimately transpires. Internally displaced persons (IDPs)—in recent history, presently, and in the projected future—far outpace the number of people displaced outside the border of their …

Data Injustice In Global Justice, Asaf Lubin, Cherry Tang

Articles by Maurer Faculty

In May 2020, the United Nations Secretary-General unveiled a sweeping “Data Strategy for Action by Everyone, Everywhere,” seeking to unlock the UN’s “full data potential.” The International Criminal Court’s Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so as to hold the “widest range of digital evidence globally.” Across international institutions, data-driven governance has become the norm, with humanitarian agencies and tribunals transforming into “data hubs and information clearinghouses.” This Article critiques the unfettered datafication of global justice by international courts and organizations. These entities have aggressively expanded their data-driven operations …

The Need To Explore The Potential Of Marine Cdr With A One-Earth Strategy: A Guide For Policy-Makers, Philip W. Boyd, Jean-Pierre Gattuso, Minhan Dai, Louis Legendre, Terre Satterfield, Romany M. Webb

Sabin Center for Climate Change Law

Rapid, deep and sustained reductions in carbon dioxide (CO₂) emissions are essential to achieve the goals of the Paris Climate Agreement of keeping the long-term global average surface temperature increase well below 2°C above pre-industrial levels and pursue efforts to limit it to 1.5°C . In addition, the 2021 IPCC Report explains that carbon dioxide removal (CDR) will be needed to offset residual CO₂ emissions from activities and sectors that are difficult to decarbonize by 2050. The objective of CDR is removal of atmospheric CO2 from residual emissions and its durable storage in reservoirs, which is an additional critical element …

Defining A Field And Building A Human Rights In Patient Care Community, Tamar Ezer

Articles

No abstract provided.

Tort Law As A Remedy For Terrorism, Boaz Segal

Touro Law Review

This article examines two basic questions. First, can tort law suits against operatives in various circles of the world of terrorism be added to the toolkit of deterrence? Second, assuming that the answer to the first question is in the affirmative, how can tort law be structured to effectively deter terror operatives? With respect to the first question, despite the intuitive assumption that the relevant branches of the law in such cases are criminal, international, and counter-terrorism law rather than the various branches of private law, this article argues that tort law is capable of serving as a significant deterrent …

Pave Outer Space And Put Up A Parking Lot: Lagrange Points Should Be The Common Heritage Of Mankind, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Outer space offers a vast array of opportunities, with different locations or regions available for exploitation by diverse users for a growing variety of satellite functions. But not all sectors of space are equally valuable for all applications, and the most desirable venues can become crowded, affording a premium for those who gain access first and impeding the development of a fair and efficient all-inclusive international legal regime.

This article focuses on Lagrange points, a finite series of special locations in space where the gravitational forces from a pair of large celestial bodies interact in unusual ways. These points afford …

Climate Nationalism, Gabriel Weil

Scholarly Works

Climate change is a global commons problem. The costs of emissions in any given country are mostly borne by foreigners. Absent strong measures to overcome this dynamic, pursuit of national self-interest will lead people and countries to underinvest in decarbonization, relative to what's best for the world as a whole. And we do see such underinvestment. Many countries are not on track to meet their Paris Agreement pledges, and those pledges, even if met, are not ambitious enough to meet the headline temperature stabilization goals of the agreement. This is the fairly banal pursuit of national interest in the climate …

The Singapore Convention On Mediation: A New Framework For International Settlement Enforcement, Peter Phillips, Zachary Calo, Harold I. Abramson

Scholarly Works

The Singapore Convention on Mediation undeniably represents a landmark development in the field of international dispute resolution, providing a long-awaited and much-needed international enforcement framework that has the significant potential to substantially enhance the credibility, attractiveness, and overall effectiveness of mediated settlement agreements in cross border commercial disputes. By establishing a more predictable and reliable mechanism for the enforcement of these voluntarily reached agreements, the Convention directly addresses a critical gap that had long existed in the international dispute resolution landscape, particularly when compared to the well-established regime for the enforcement of international arbitral awards under the New York Convention. …