Updates From The Regional Human Rights Systems,
2011
American University Washington College of Law
Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts,
2011
American University Washington College of Law
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Brynn Weinstein, Adam Dembling, Yaritza Velez, Michelle Flash
Human Rights Brief
No abstract provided.
Hannah Arendt As A Theorist Of International Criminal Law,
2011
Georgetown University Law Center
Hannah Arendt As A Theorist Of International Criminal Law, David Luban
Georgetown Law Faculty Publications and Other Works
This paper examines Hannah Arendt's contributions as a theorist of international criminal law. It draws mostly on Eichmann in Jerusalem, particularly its epilogue, but also on Arendt's correspondence, her writings from the 1940s on Jewish politics, and portions of The Human Condition and her essays. The paper focuses on four issues: (1) Arendt's conception of international crimes as universal offenses against humanity, and the implications she draws for theories of criminal jurisdiction; (2) her "performative" theory of group identity as acts of political affiliation and disaffiliation, from which follows a radically different account of the crime of genocide than …
Mental Torture: A Critique Of Erasures In U.S. Law,
2011
Georgetown University Law Center
Mental Torture: A Critique Of Erasures In U.S. Law, David Luban, Henry Shue
Georgetown Law Faculty Publications and Other Works
Both international and federal law criminalize mental torture as well as physical torture, and both agree that “severe mental pain or suffering” defines mental torture. However, U.S. law provides a confused and convoluted definition of severe mental pain or suffering—one that falsifies the very concept and makes mental torture nearly impossible to prosecute or repress. Our principal aim is to expose the fallacies that underlie the U.S. definition of mental torture: first, a materialist bias that the physical is more real than the mental; second, a substitution trick that defines mental pain or suffering through a narrow set of causes …
Consultation And Legitimacy In Transnational Standard-Setting,
2011
University of Miami School of Law
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Articles
No abstract provided.
Special Issue On International Criminal Law: Editorial,
2011
University of Pittsburgh School of Law
Special Issue On International Criminal Law: Editorial, Charles C. Jalloh
Articles
No abstract provided.
Assessing The African Union Concerns About Article 16 Of The Rome Statute Of The International Criminal Court,
2011
University of Pittsburgh School of Law
Assessing The African Union Concerns About Article 16 Of The Rome Statute Of The International Criminal Court, Charles C. Jalloh, Dapo Akande, Max Du Plessi
Articles
This article assesses the African Union's (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU's repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC's failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the …
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution,
2011
Touro Law Center
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan
Scholarly Works
No abstract provided.
Ethical Allocation Of Preexposure Hiv Prophylaxis,
2011
Georgetown University Law Center
Ethical Allocation Of Preexposure Hiv Prophylaxis, Lawrence O. Gostin, Susan C. Kim
Georgetown Law Faculty Publications and Other Works
Civil society-led movements transformed global AIDS action from deep skepticism about extending anti-retroviral (ARV) treatment in low and middle-income countries to an historic scaling up of treatment towards universal access. The AIDS movement, however, is at an inflection point due to the interplay of key health and economic determinants—the global financial downturn, tight foreign aid budgets, and intense resource competition. Policy makers will now have to consider implementation of a new intervention—pre-exposure prophylaxis (PrEP), which could mean a diversion of ARVs from treatment to prevention. The principle underlying PrEP is that ARVs could prevent HIV infection among people who are …
When Corporations Translate Treaties,
2011
University of Miami School of Law
The Genesis Of The Gats (General Agreement On Trade In Services),
2011
Columbia Law School
The Genesis Of The Gats (General Agreement On Trade In Services), Juan A. Marchetti, Petros C. Mavroidis
Faculty Scholarship
The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the developing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the liberalization of trade in services. This article traces the GATS negotiating history, from its very beginning in the late 1970s, paying particular attention to the main forces that brought the services dossier to the multilateral trading system (governments, industries, and academics), and the interaction between …
Reconciling European Union Law Demands With The Demands Of International Arbitration,
2011
Fordham Law School
Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann
Fordham International Law Journal
Part I of this Essay traces the traditional divide between EU law and the law of international arbitration. This Essay then identifies two developments, both emanating from the EU-law side of the equation, that are in the process of altering this landscape. The first, discussed in Part II, is the prospective amendment on arbitration to the Brussels Regulation on Jurisdiction and Enforcement of Judgments; the second, discussed in Part III, is the transfer of exclusive competence over policy in the area of foreign direct investment, itself a developing arena of international arbitration, to the EU from the Member States. Because …
The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty,
2011
Fordham Law School
The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet
Fordham International Law Journal
And like all stories there are of course the main characters, the public heroes, and, around them, those who help them find a happy ending. The story in this Essay is written in honor of one of the characters who played a key role in achieving the Treaty of Lisbon: Jean-Claude Piris, who was for more than twenty two years, Director General of the Legal Service of the Council of the EU. But to understand this story, to understand the reasons behind it, one should know its roots.
The European Union And The Treaty Of Lisbon,
2011
Fordham Law School
The European Union And The Treaty Of Lisbon, Roger J. Goebel
Fordham International Law Journal
With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …
Can The Enlarged European Union Continue To Be That United,
2011
Council of the European Union
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Fordham International Law Journal
Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …
Can Europe Be Democratic? Is It Feasible? It Is Necessary? Is The Present Situation Sustainable?,
2011
Fordham Law School
Can Europe Be Democratic? Is It Feasible? It Is Necessary? Is The Present Situation Sustainable?, Yves Meny
Fordham International Law Journal
Democracy and democratization at the European level have long been a non-problem. The issues related to democracy after the Second World War were purely national (would Italy and Germany finally be able to build up and consolidate their new democratic systems?) or international (would the Western-type democracies be able to resist and counterweight the Soviet-style Eastern European regimes?). When the first foundations of what would become the European Union ("EU") were laid down, very few had a democratic vision in mind. The then-dominant concerns were both economic (how to facilitate the reconstruction of Europe while avoiding again the economic and …
The Status In Eu Law Of International Agreements Concluded By Eu Member States,
2011
Fordham Law School
The Status In Eu Law Of International Agreements Concluded By Eu Member States, Allan Rosas
Fordham International Law Journal
This Essay will, first, provide a general discussion on the status in Union law of agreements concluded by EU Member States. Second, brief discussions will follow on the specific nature of agreements concluded between the Member States inter se as well as on the special status of agreements concluded before the Member State concerned became a member of the Union. Third, the main part of this Essay will address different categories of agreements concluded by Member States in order to provide a more refined picture of the legal relevance of such agreements for Union law. The final Section will provide …
The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess,
2011
Fordham Law School
The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess, Ramon Torrent
Fordham International Law Journal
This intends to be a very empirical Essay. It lets the facts (legal facts, but facts nevertheless) speak for themselves. Part I of this Essay first examines the not granting of national treatment by European Union ("EU")-and EU Member States'-law to companies controlled by third-country nationals or other companies. Part II shows that bilateral investment treaties ("BITs") concluded by EU Member States do grant such national treatment horizontally and without any sectorial exception (contrary to US BITs that do include a list of exceptions, as shown in Part III). Part IV explains why BITs (not only EU Member States' BITs, …
Over Before It Even Began: Mohamed V. Jeppesen Dataplan And The Use Of The State Secrets Privilege In Extraordinary Rendition Cases,
2011
Fordham Law School
Over Before It Even Began: Mohamed V. Jeppesen Dataplan And The Use Of The State Secrets Privilege In Extraordinary Rendition Cases, Benjamin Bernstein
Fordham International Law Journal
This Comment analyzes the expansive holding of Mohamed. Part I discusses the history of both the state secrets privilege and the Totten bar. Part I also addresses the history of the extraordinary rendition program as well as two recent US circuit court cases, Arar v. Ashcroft and El-Masri v. United States, that involved both extraordinary rendition and the state secrets privilege. Part II details the factual and procedural background of the Mohamed litigation, the arguments put forth by both the plaintiffs and the intervening US government in their briefs, and the majority and dissenting opinions. Part III argues that the …
The Compliance With The Law Requirement In International Investment Law,
2011
Fordham Law School
The Compliance With The Law Requirement In International Investment Law, Rahim Moloo, Alex Khachaturian
Fordham International Law Journal
Part I of this Article considers the effects of a treaty expressly covering only those investments that are made in accordance with host state law. In such cases, the legality of the investment, with respect to the host state law, is shown to be a jurisdictional prerequisite. Part II discusses the presence of an implicit obligation that an investment must accord with host state and international legal principles in order for the claims related to that investment to be admissible. Part II also attempts to clarify some confusion among recent cases as to the nature of this obligation. Part III …
