International Law Commons^™

Those Pesky Winds Of Change..., Walter Lotze

Human Rights & Human Welfare

When a police officer slapped a fruit seller by the name of Mohammed Bouazizi in the Tunisian town of Sidi Bouzid, nobody could have anticipated that a revolution had commenced. Bouazizi, a twenty-six-year-old computer science graduate unable to find work, had resorted to selling fruit from a street cart in an attempt to support himself and his seven siblings. Slapped by the police officer and ordered to pack up his goods, Bouazizi himself snapped. He marched to the local governor’s office and demanded an appointment, threatening to set himself alight if the governor did not meet with him. In frustration, …

After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein

Articles

How much deference should courts afford executive branch interpretations of statutes and treaties? The question that has long engaged foreign relations scholars has found new salience as it has become apparent in recent years that the Supreme Court will neither abstain nor reliably defer to presidential judgment even in cases implicating national security. As the courts grapple with the scope of detention authority granted by Congress’ 2001 Authorization for the Use of Military Force, or the limits on that authority under the Geneva Conventions, a number of scholars have embraced administrative law deference doctrines such as that in Chevron v. …

Violence Against Women In The United States And The State’S Obligation To Protect: Civil Society Briefing Papers On Community, Military And Custody Submitted To The United Nations Special Rapporteur On Violence Against Women, Rashida Manjoo, In Advance Of Her Mission To The United States Of America, Brenda V. Smith, Ashley Prather, Jaime M. Yarussi

Research Reports & White Papers

The Special Rapporteur on violence against women, its causes and consequences visited the United States of America from 24 January to 7 February 2011. In the present report, she broadly examines the situation of violence against women in the country, including such issues as violence in custodial settings, domestic violence, violence against women in the military and violence against women who face multiple, intersecting forms of discrimination, particularly native American, immigrant and African-American women.

The Special Rapporteur highlights the positive legislative and policy initiatives undertaken by the Government to reduce the prevalence of violence against women, including the enactment and …

Vat Fraud: The Tradable Services Problem, Richard Thompson Ainsworth

Faculty Scholarship

Tradable services – VoIP termination services, mobile minutes, software as a service (SaaS), or almost any service bought or sold in the “cloud” – are a distinct class of taxable supplies. These service-based supplies both resemble and differ fundamentally from goods. They also differ from services that are consumed-on-purchase (consumed services).

Tradable services are designed from the beginning for re-sale. They are hybrid supplies that behave commercially like goods, but have functional attributes that make them hard to distinguish from services generally. When determining the place of supply/ place of taxation for these kinds of supplies, their hybrid character presents …

Jan. 10, 2011, Ifc, Review-Update Policy And Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Towards Promises Unfulfilled: Applying Sixteen Years Of Trade And Environmental Lessons To The Pending U.S.-Colombia Trade Promotion Agreement, Travis A. Brooks

Global Business & Development Law Journal

No abstract provided.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

The Global Spread Of European Style International Courts, Karen J. Alter

Faculty Working Papers

Europe created the model of embedded international courts (IC), where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European-style ICs: there are now eleven operational copies of the European Court of Justice (ECJ), three copies of the European Court of Human Rights, and a handful of additional ICs that use Europe's embedded approach to international law. After documenting the spread of European-style ICs, the article then explains how two regions chose European style …

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown

All Faculty Scholarship

The purpose of international criminal law is to establish the criminal responsibility of individuals for international crimes. Public international law is traditionally focused on the rights and obligations of states, and thus is not particularly well suited to this task. It has adapted through a long and slow historical process, drawing upon multiple sources. Many of the chapters in this Handbook explore to some extent the historical development of international criminal law. I will not attempt to summarize that history in detail, but a few historical observations here will help to explain how international criminal law emerged from its sources …

Attribution Of Criminal Liability A Critical Comparison Of The Us Doctrine Of Conspiracy And The Icty Doctrine Of Joint Criminal Enterprise From An American Perspective, Mark A. Summers

Faculty Scholarship

No abstract provided.

Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa

Faculty Scholarship

No abstract provided.

From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima

ILSA Journal of International & Comparative Law

Imagine looking around and recognizing that you are much heavier than your fellow peers.

Italian Constitutional And Cassation Courts: When The Right To Die Of An Unconscious Patient Raises Serious Institutional Conflicts Between State Powers, Gianluca Gentili, Tania Groppi

ILSA Journal of International & Comparative Law

On February 9, 2009, the death of a young woman who had lain in a permanent vegetative state (PVS) for seventeen years brought an end to an unprecedented conflict between institutional powers in Italy.

The Unidroit Principles Of International Commercial Contracts: An Overview Of Their Utility And The Role They Have Played In Reforming Domestic Contract Law Around The World, Christine M. Whited

ILSA Journal of International & Comparative Law

Efforts to promote the unification of private substantive law took off in the latter part of the 20th century due to globalization, which rapidly increased the volume of international trade.

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Ardenia filed this case against the State of Rigalia before the International Court of Justice pursuant to Article 36(2) of the Statute of the Court on May 5, 2010

An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

ILSA Journal of International & Comparative Law

Tibet is commonly viewed in the West as having been a "Shangri- La"-a utopia unspoiled by industrialization, commercialization, or pollution.

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Rigalia and the State of Ardenia submit the present dispute concerning the Zetian Provinces to the International Court of Justice by Special Agreement, dated 5 May 2010, pursuant to article 40(1) of the Statute of the International Court ofJustice.

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets

ILSA Journal of International & Comparative Law

In the last three decades, there has been extensive jurisprudential literature positing that the structure, values, and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male- centered.

Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010, Michael O. Eshleman

ILSA Journal of International & Comparative Law

"Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty