International Law Commons^™

Universal Jurisdiction Not So Universal: A Time To Delegate To The International Criminal Court, Dalila V. Hoover

Cornell Law School Inter-University Graduate Student Conference Papers

The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines a certain number of legal and political issues in its implementation. Because the principle of universal jurisdiction relies on national authorities to enforce international prohibitions, pivotal decisions are expected to reflect, to a greater or lesser extent, domestic decision-makers’ positions as to the interests of justice, the national interest and other criteria. In many States, the legal system lacks the means to investigate or prosecute on the basis of universal jurisdiction. Indeed, many legal systems do not define the term “crimes” that can …

Nafta And The U.S.-Mexican Trucking Dispute, Robert J. Carbaugh

All Faculty Scholarship for the College of Business

Although the charter of the North American Free Trade Agreement established a schedule that would have opened the border states of the United States to competition from Mexican trucking companies in 1995, and all of the United States to this competition in 2000, the full implementation of these provisions has been delayed due to concerns about the safety of Mexican trucks and drivers. This delay has resulted in much frustration for Mexico, which, in 2009 implemented retaliatory tariffs on products imported from the United States. In March, 2011 the two countries unveiled a deal to resolve this dispute which could …

A Centrist Solution To Central American Violence And Inequality, Devin Joshi

Human Rights & Human Welfare

The northern triangle of Central America (El Salvador, Guatemala, and Honduras) has experienced horrific violence, poverty, and a vicious cycle of human rights violations for decades. Repeated natural disasters and the re-routing of the drug trade through Central America are not helping the situation. On the other hand, nearby Costa Rica has achieved a much higher standard of human rights, public safety, and political stability. Why? Costa Rica has put in place four pillars of development and stability lacking in most other countries in the region: a stronger state, an educated population, inter-racial cooperation, and a more inclusive democracy. For …

Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.

The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …

The International Review | 2011 Spring/Summer, Michael Rhee

The International Review Newsletter

Same-sex marriage around the world: Overview and status of debate

Can the United States kill Americans who support terrorism?

Prosecuting and punishing pirates: A work in progress

Criminal disenfranchisement at home and abroad

Oklahoma: Sharia, international law banned in courts?

Switzerland: New law to recover stolen public funds from abroad

United Kingdom: Plastic wrap controversy

Can international law clean up electronic waste?

New agreement to protect, share benefits of biodiversity

More money in the bank to prevent financial crises

Can Libya end its Arab Spring by using mercenaries?

New York: Entire corporations cannot be sued for human rights abuses

Japan: …

Global Sex Trade And Women Trafficking In Nigeria, Rasheed O. Olaniyi

Journal of Global Initiatives: Policy, Pedagogy, Perspective

Academic discourses and policy debates on the phenomenon of women trafficking have focused on the threat of illegal migration, migration management, and the stereotypical linkages between criminality and migration. Such themes neglected the perspectives of trafficking victims and the social context, most especially closed borders and poverty. Obviously, women trafficking constitute one of the anxieties and disruptive effects of globalization. For many women, migration across the polarized economy under the regime of globalization is associated with exploitation, criminalization, and insecurity. This paper argues that trafficking in women reflects inequality on a global scale: transfer of resources from depressed economy to …

Infusing Due Process And The Principle Of Legality Into Contempt Proceedings Before The International Criminal Tribunal For The Former Yugoslavia Ad The International Criminal Tribunal For Rwanda, Gwendolyn Stamper

Michigan Law Review

Contempt proceedings before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda suffer from two procedural defects: the hearings run afoul of the principle of legality and fail to afford calibrated procedural protection for accused contemnors. First, this Note contends that these two tribunals properly rely on their inherent powers to codify procedural rules for contempt proceedings. However the tribunals' inherent power to prosecute contempt does not allow the courts to punish contemptuous conduct that has not been explicitly proscribed. Such a prosecution contravenes the principle of legality, which provides that criminal responsibility may …

June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“The Tormented Isthmus ”. The Economist. April 14 2011.

The Hearts And Minds Of The Citizens, Brooke Ackerly

Human Rights & Human Welfare

If the US contributes increased military support to Guatemala under the premise of curtailing the drug trade, it could inadvertently further destabilize this already politically unstable country. It certainly will not contribute to developing a sense of political alliance in the hearts and minds of its citizens. Concerns about destabilization in Guatemala (and Central America more generally) and the role of this destabilization in facilitating the drug trade have led the Economist to suggest that the solution is to increase military foreign aid to Guatemala.

Generic Wish-Lists For State-Centric Policies, Edzia Carvalho

Human Rights & Human Welfare

The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …

Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes

Human Rights & Human Welfare

Conflict resolution scholars and policy-makers have traditionally prioritized research and policy measures dealing with political violence, treating criminal violence as a contextual factor in their analysis or as a subordinate policy concern. One may wonder why the value of a casualty differs depending on whether the fatal blow was caused by a tank, a gang knife, or even a typhoon. The prioritization of political violence over criminal violence seems morally unjustified considering that the killing rates in Guatemala and El Salvador are higher now than during the civil wars that ended in the 1990s. Despite similarities in the causes, manifestations, …

Piracy Off The Coast Of Somalia: In Search Of The Solution, Alexandr Rahmonov

Cornell Law School Inter-University Graduate Student Conference Papers

Piracy it is not a phenomenon of the past. Modern piracy has become a profitable business, especially off the coast of Somalia, where thousands of pirates are currently involved in criminal activity targeting all kinds of vessels from fishing boats to oil supertankers. Only in 2009, Somali pirates committed about 217 attempted and actual attacks. As a response, the UN Security Council has passed several resolutions authorising military raids against pirates "on land and by air" and requested the Secretary-General to submit a report offering effective counter-piracy measures. Drafted in July 2010, the "Report on possible options to further the …

Doe V. Doe, Edna Arbel, Hanan Melcer, Uzi Vogelman

Translated Opinions

This is an application for leave to appeal the decision of the Nazareth District Court, which rejected by a majority the applicant’s appeal challenging the decision of the Nazareth Family Court. The Family Court ordered the return of the applicant’s and the respondent’s daughter to New Jersey, in the United States, under the Hague Convention Act (Returning Abducted Children), subject to amendments it set in the conditions to returning the daughter. The District Court’s majority held that there was no place to intervene in the factual findings made by the family court, both in regard to the abduction act and …

Winning At The Expense Of Law: The Ramifications Of Expanding Counter-Terrorism Law Enforcement Jurisdiction Overseas, Tyler Raimo

American University International Law Review

No abstract provided.

Challenging The Global Structure Through Self-Determination: An African Perspective, David Katona

American University International Law Review

No abstract provided.

Ethical Issues In International Legal Education, José Antonio Viera-Gallo

American University International Law Review

No abstract provided.

Privatization As An International Phenomenon: Kazakhstan, Yuilya Mitrofanskaya

American University International Law Review

No abstract provided.

From Legal Transplants To Transformative Justice: Human Rights And The Promise Of Transnational Civil Society, Julie Mertus

American University International Law Review

No abstract provided.

Determinations Of Adequacy In Sunset Reviews Of Antidumping Orders In The United States, Peter A. Dohlman

American University International Law Review

No abstract provided.

Women And Reproduction: From Control To Autonomy? The Case Of Chile, Lidia B. Casas

American University Journal of Gender, Social Policy & the Law

No abstract provided.