International Law Commons^™

Kenya’S Long Anti-Corruption Agenda: 1952-2010: Prospects And Challenges Of The Ethics And Anti-Corruption Commission Under The 2010 Constitution, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Twail: A Brief History Of Its Origins, Its Decentralized Network, And A Tentative Bibliography, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

International Arbitration And Multinational Insolvency, Jay Lawrence Westbrook

Penn State International Law Review (1982 - 2011)

No abstract provided.

Corporate Business: Comparative Analysis Of The Argentine Cooperation Consortium And The New Colombian Corporation Law, Raul Etcheverry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Revitalising Gower's Legacy: Reforming Company Law In Ghana, Kofi Date-Bah

Penn State International Law Review (1982 - 2011)

No abstract provided.

Court Jurisdiction And Recognition In Multi-National Political Structures: Canada And The European Union, Ronald C.C. Cuming

Penn State International Law Review (1982 - 2011)

No abstract provided.

Child Soldiers And The Duty Of Nations To Protect Children From Participation In Armed Conflict, Luz E. Nagle

Cardozo Journal of International and Comparative Law

The article advocates for enhanced international cooperation and stricter enforcement mechanisms to protect child soldiers, emphasizing the need to address both legal and societal challenges to end their exploitation in conflicts.

Occupied Or Not: The Question Of Gaza's Legal Status After The Israeli Disengagement, Solon Solomon

Cardozo Journal of International and Comparative Law

In September 2005, Israel withdrew its army and dismantled all of its settlements in the Gaza Strip, claiming that Gaza's occupation had come to an end. Yet Israel did retain control over Gaza's border crossings, aerial and water space; leading to claims by the Palestinian side as well as some international scholars that the Israeli occupation had not come to an end. The following note will examine these arguments and will take the position that the current status of the Gaza Strip is a sui generis one, where positive law, applied in globo, cannot provide an adequate approach. As …

Sifting Through The Wreckage: An Analysis And Proposed Resolution Concerning The Disposition Of Historic Shipwrecks Located In International Waters, Jeremy Neil

NYLS Law Review

No abstract provided.

An Emerging Mandate For International Courts: Victim-Centered Remedies And Restorative Justice, Thomas M. Antkowiak

Faculty Articles

More than ever, international attention has been directed to the needs of those who have suffered human rights violations. Nevertheless, the chasm between what victims want and what they obtain is still vast. The Inter-American Court of Human Rights, unlike most tribunals, has sought to narrow this gap by ordering remedies that respond to victims’ demands for recognition, restoration, and accountability.

In contrast, for decades the European Court of Human Rights has applied a restrictive remedial model. The European Court, inordinately concerned about its institutional integrity, curtails remedies — often delivering only declaratory relief and monetary damages. Since the Inter-American …

Colonial Cartographies, Postcolonial Borders, And Enduring Failures Of International Law: The Unending Wars Along The Afghanistan-Pakistan Frontier, Tayyab Mahmud

Faculty Articles

Many of today's pervasive and intractable security and nation-building dilemmas issue from the dissonance between the prescribed model of territorially bounded nation-states and the imprisonment of postcolonial polities in territorial straitjackets bequeathed by colonial cartographies. With a focus on the Durand Line, the border between Afghanistan and Pakistan and the epicenter of the prolonged war in the region, this article explores the enduring ramifications of the mutually constitutive role of colonialism and modern law. The global reach of colonial rule reordered subjects and reconfigured space. Fixed territorial demarcations of colonial possessions played a pivotal role in this process. Nineteenth century …

Space Debris And Its Threat To National Security, Joseph S. Imburgia

Vanderbilt Journal of Transnational Law

In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris. In 2009, the collision of two satellites created thousands more. By 2010, more than 95 percent of all man-made objects in Earth's orbit were debris. Such a sudden and massive addition to the space debris environment since 2007 poses a direct threat to operational satellites and continued space access. This in turn threatens U.S. national security, to which space access and use is vital. Unfortunately, future increases in the number of space-faring nations and corresponding launches will only exacerbate this space debris …

Pirate Trials, The International Criminal Court And Mob Justice: Reflections On Postcolonial Sovereignty In Kenya, Mateo Taussig-Rubbo

Journal Articles

No abstract provided.

Speeches: The Cicl Lecture On International And Comparative Law, Mortimer N.S. Sellers

University of Baltimore Law Review

No abstract provided.

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele

Library Staff Publications

No abstract provided.

The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes

LLM Theses

Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …

The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French

Sociology and Anthropology Faculty Publications

This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

Withdrawing From International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Curtis A. Bradley and Mitu Gulati’s Withdrawing from International Custom brings to mind the old joke recounted by Woody Allen in Annie Hall: “Two elderly women are at a Catskill mountain resort, and one of ’em says, ‘Boy, the food at this place is really terrible.’ The other one says, ‘Yeah, I know; and such small portions.’” Similarly, while Bradley and Gulati attack international law’s current prohibition of unilateral withdrawal from custom, they propose an alternative that differs only modestly from it (small portions). At the same time, the doctrinal change they propose would take customary international law in the …