International Law Commons^™

Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry

Michigan Journal of International Law

In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …

International & Comparative Law Perspectives: Fall 2010, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond, Lin Feng, Jason Buhi

Buffalo Environmental Law Journal

No abstract provided.

The Mdgs And The (New) International Economic Order, Par Engstrom

Human Rights & Human Welfare

The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas, Euyelit Adriana Moreno-Paredes

University of Miami Inter-American Law Review

No abstract provided.

Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong

Pace International Law Review Online Companion

The presence of legal certainty within a country’s legal system is a very relevant factor in the foreign investor’s decision to invest in a particular country. It is therefore necessary for countries to develop mechanisms for avoiding or reducing the uncertainty over the law in their legal systems. This article studies the Southern Common Market’s (“MERCOSUR”) structure and function with the purpose of assessing it as a mechanism to offer legal certainty to foreign investors in the region. The analysis is carried out by examining three basic elements of this regional integrationist experience: a) its body of law, b) its …

Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet

Human Rights & Human Welfare

The United Nations Millennium Development Goals Summit got underway on September 20th in New York. Opening speeches seemed to be a roster of who’s – who of contributors towards global poverty with the IMF and WTO leading the pack. As speeches progressed, a disturbing trend developed which romanticized the pre-recessionary period of progress towards MDG achievement and reducing world poverty.

Development As Power, Alison Brysk

Human Rights & Human Welfare

While material progress towards the Millennium Development Goals is laudable, and pledges of new resources are necessary, we can never fully address poverty without talking about power. As Amartya Sen pointed out, true development depends on freedom.

The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney

Human Rights & Human Welfare

That much more must be done to meet the Millennium Development Goals is evident. The proposals put forth by Douste-Blazy and the new pledges announced at the recent UN MDG Summit are steps in the right direction. More fundamentally, what is required is to recognize that the MDGs are not merely “goals” to aim for, hitting or missing as the case may be. Rather, they are about realizing rights which governments, individually and collectively, have pre-existing legal obligations to uphold and ensure.

The International Review | 2010 Fall, Michael Rhee

The International Review Newsletter

Protecting animal welfare: Overview and future prospects

Does greater use of criminal law prevent the spread of HIV?

“Vulture Funds”: Preying on poor countries or pursuing deadbeat nations

Protecting migrant workers: The legal framework and status of debate

“Ideological exclusion”: Keeping out people who don’t share your views?

Asylum in the United States for foreign homeschoolers?

Does Arizona’s anti-illegal immigrant law violate international law?

Kosovo: A license for more independence days around the world?

The crime of aggression on the slow road to becoming a crime

Gulf of Mexico oil leak: Any role for international law?

More protection for salamanders, …

Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken

Independent Study Project (ISP) Collection

This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …

After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh

Faculty Scholarship

Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …

The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Brian Manning, Srividhya Ragavan

Faculty Scholarship

The paper posits that the World Trade Organization (WTO) has failed to efficiently promote mutually advantageous global relationships. The authors contend that the structure and the functioning of the Dispute Settlement Body have contributed to the failure of the WTO. The DSB’s approach to interpreting the WTO agreements has been normative, as opposed to a realistic. Consequently, decisions from the DSB have resulted in strict interpretation of WTO agreements without appropriately balancing member’s national realities. Thus, the overall goals of the organization have been compromised to reinforce existing global power structures rather than promote cooperative governance.

The authors examine two …

Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino

Independent Study Project (ISP) Collection

Diversification, a buzzword in the Middle East for much of the past two decades can only be likened to the phrase “dependence on foreign oil” used by American politicians during US elections. And indeed much like the latter has been mentioned by every president since Richard Nixon, it seems as if diversification is being sung in a round by kings presidents and sultans throughout the oil producing nations of the world, but still to no avail. Oman has been trumpeting diversification in five-year plan after five-year plan of which they are currently in their seventh (2006 - 2010) with an …

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …

Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael

Elisabeth Haub School of Law Faculty Publications

There is no question that the orderly development of Islamic finance will require finding ways to amalgamate the classical Islamic law of bankruptcy with the needs of the modern Islamic finance industry. The unreasonable reliance on ever-expanding opportunities has disappeared along with the global credit markets. It is therefore inescapable that loss scenarios must be dealt with. That in turn means effective bankruptcy laws. We hope this article will help foster the effort.

Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas

Cornell Law Faculty Publications

This Essay links a particular legal case study with a broader set of questions about the "family" in a global political and economic context. Part I clarifies the analytic links between the household, the market, and globalization. By studying Egypt, the Essay focuses on one part of this global sociolegal continuum and draws out the special significance of transnational background rules and conditions for the "developmental state." Part II presents the legal framework affecting labor conditions of sub-Saharan African asylum-seekers who are migrant domestic workers in Egypt, and particularly the legal framework that affects their ability to bargain in securing …

Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert C. Hockett

Cornell Law Faculty Publications

I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play in interpreting …

China And Disability Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.