International Law Commons^™

Perpetrators In Their Midst, David Akerson

Human Rights & Human Welfare

The two articles, “Another Human-Rights Irony at the U.N.” by Anne Applebaum and “UN Elects Rights Violators to Human Rights Council” by Edith Lederer, both set forth the problems encountered by the UN Human Rights Council and its predecessor, the Human Rights Commission. Namely, that member states with notorious human rights records will exploit the Council to their political advantage. As Applebaum points out in her article, “authoritarian regimes have long battled to join the council...the better to prevent any outsiders from investigating their own governments.”

July Roundtable: The Un And Human Rights Introduction

Human Rights & Human Welfare

An annotation of:

“Another human-rights irony at the U.N.” by Anne Applebaum. The Washington Post. May 4, 2010.

and

“UN elects rights violators to Human Rights Council” by Edith M. Lederer. Associated Press. May 13, 2010.

Human Rights Abusers, The Human Rights Council, And The Un, James Pattison

Human Rights & Human Welfare

The predecessor to the Human Rights Council, the Commission on Human Rights, had several notable failings. These included double standards in the selection of which states were to be subject to scrutiny, membership of the Commission by states notable for their egregious human rights records, and the shielding of the P5 members of the Security Council and their allies from criticism. The Human Rights Council, it was hoped, would avoid these flaws and, in doing so, push human rights further up the UN agenda. For instance, the General Assembly Resolution A/RES/60/251, which set up the Council, claimed that the Council’s …

Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua

Book Reviews

This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …

Trading Debts Across Borders: A European Solution (Snyder Lecture), Richard Fentiman

Indiana Journal of Global Legal Studies

On April 7, 2009, Richard Fentiman delivered the tenth annual Snyder Lecture at the Indiana University Maurer School of Law.

A Review Of Making People Illegal: What Globalization Means For Migration And Law, By Catherine Dauvergne, Andy Williams

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary

Indiana Journal of Global Legal Studies

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Nato At Sixty: American Between Law And War, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …

Germany's Basic Law And The Use Of Force, Russell A. Miller

Indiana Journal of Global Legal Studies

The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Recent Developments In Stem Cell Research: Social, Ethical, And Legal Issues For The Future (George P. Smith Ii Lecture), Loane Skene

Indiana Journal of Global Legal Studies

On February 12, 2009, Professor Skene delivered the George P. Smith II Lecture at the Indiana University Maurer School of Law.

Love Thy Neighbor: The Tampere Convention As Global Legislation, Allison Rahrig

Indiana Journal of Global Legal Studies

The Internet, 24-hour news sources, and a host of other telecommunications advances have allowed global citizens to become instantaneously informed. With the privilege of real-time updates and acute awareness of the world's events comes the responsibility of being more than a passive observer. Specifically, this Note focuses on the technological improvements in communication during natural disasters-improvements that can be used to assist and aid the victims of catastrophes. In the aftermath of a natural disaster, the country affected is rarely able to provide for its citizens; tsunamis, hurricanes, tornadoes, and earthquakes can (and often do) cripple an entire nation. This …

Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson

Indiana Journal of Global Legal Studies

Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary relations …

Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett

Indiana Journal of Global Legal Studies

This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …

Two Concluding Remarks, European Union Countries, North Atlantic Treaty Organization, National Security, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Zoller offers several closing thoughts, focusing on the rationales for maintaining NATO in the twenty-first century and the theme of peace through law. She concludes that NATO is vital for European security, and that NATO is here to stay for both legal and factual reasons.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.

Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer

Scholarly Works

Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …

Locating The International Interest In Intranational Cultural Property Disputes, Joseph P. Fishman

Vanderbilt Law School Faculty Publications

This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction of cultural objects located within their own territory, I identify two factors that may justify internationalizing otherwise domestic conflicts over cultural property: discriminatory intent and harm to cultural diversity. I argue that where neither of these concerns is implicated, the international community should pursue a policy of non-intervention, both because local authorities are likely to be more competent adjudicators and because eliciting a global referendum on cultural …

The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …

Georgia Journal Of International And Comparative Law Editorial Board, 2010-2011, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

All Politics Are Suboptimal, Todd Landman

Human Rights & Human Welfare

Despite its intentions and founding principles, the United Nations is fundamentally a political organization and therefore subject to the machinations of states as they seek to maximize their self interest, protect their reputations, and advance their power. The UN Security Council itself is a product of World War II and reflects a settlement from the end of the war that many perceive as highly inappropriate to the balance of power and global realities of the world today.