International Law Commons^™

Confronting The Politics And Law Behind Battles Over The Icc’S Bashir Indictment, Anthony Chase

Human Rights & Human Welfare

Nesrine Malik points in the wrong direction in arguing that charges of genocide embarrass the ICC more than they do Omar al-Bashir. The embarrassment here should come from those, such as Malik, who snidely downplay the level of war crimes committed in Darfur, who discuss genocide as if it is a cultural rather than political matter (does Malik seriously think genocide ever has anything to do with a country’s cultural traditions, as she says in defending Sudan?), or who naively give credence to predictable political push-back from Sudan and its allies. The ICC faces serious legal and political obstacles, some …

Politics And The Law: Enforcing Judicial Integrity, Anna Talbot

Human Rights & Human Welfare

The ruling by the International Criminal Court (ICC) in early February concerning the arrest warrant for Omar al-Bashir provoked controversy. The role of the Court has been called into question, with Nesrine Malik’s piece surmising that the ruling has shown that the Court is out of touch with political reality. She argues that the decision plays into the hands of authorities who are using it to their own political ends; that the charge of genocide is unjustified; and that the practicalities of enforcement undermine the Court.

The International Review | 2010 Spring, Michael Rhee

The International Review Newsletter

Conflict diamonds poised to make a comeback?

Three-strikes laws: An effective way to combat Internet piracy?

Decriminalizing personal drug use across the Western hemisphere?

Euthanasia, assisted suicide, and international law: Overview and debate

Ongoing challenges to religious freedoms worldwide

A global sex offender registry?

European Union: Finally, a better, stronger, and faster union?

DNA testing for UK asylum seekers?

Can victims of domestic violence seek asylum?

A new approach in tackling illegal fishing

Progress at Copenhagen climate change conference?

Is spanking illegal under international law?

Do people have a right to a toilet?

What are your rights after earthquakes and …

Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der

University of Richmond Law Review

No abstract provided.

A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks

San Diego International Law Journal

This Article will examine the Iraq SOFA’s use of duty status as a basis for determining which State has primary jurisdiction over U.S. service members for alleged criminal misconduct in Iraq. In the third section, the Article will briefly explain what a SOFA is, and how and why they are used, focusing on the North Atlantic Treaty Organization (NATO) SOFA. This section will also utilize examples of U.S. service member misconduct, both associated with and detached from official duty, to illustrate the application of an acts-based SOFA jurisdiction article. The fourth section turns to the Iraq SOFA’s status-based jurisdiction article, …

Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom

San Diego International Law Journal

The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, …

The Prohibition Of Large Partnerships In Nigerian Company Law: An Essay Into Postcolonial Legal Atavism, C. George Nnona

San Diego International Law Journal

Nigerian company law requires that partnerships of more than 20 persons be incorporated and penalizes those who conduct business in violation of this requirement. The requirement has its conceptual roots in the affairs that precipitated the English Bubble Act of 1720 and its doctrinal origin goes at least as far back as the Joint Stock Companies Registration, Incorporation and Regulation Act of 1844. This article argues that whatever may be the merits of the requirement as enshrined in English company law, the requirement is unconstitutional when transposed into federal legislation within the current constitutional framework of Nigeria. The article further …

Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei

San Diego International Law Journal

This paper will address the strengths and weaknesses of the German approach as well as the potential use of this approach by American states, with particular emphasis given to the conflict between the right to know one’s origins and a child’s right to care and support. Part II discusses the challenge of defining legal paternity in an age of genetic certainty. It will first give a brief explanation of how courts have used functional–social and genetic considerations in defining legal paternity. It will then evaluate the legal implications of this approach on the rights of the father, mother, and child. …

Carbon Down Under - Lessons From Australia: Two Recommendations For Clarifying Subsurface Property Rights To Facilitate Onshore Geologic Carbon Sequestration In The United States, Tracy J. Logan

San Diego International Law Journal

This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of …

The Nuclear Fuel Cycle, Global Security, And Climate Change: Weighing The Costs And Benefits Of Nuclear Power Expansion, Christopher E. Paine

University of Richmond Law Review

No abstract provided.

Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd

Publications

No abstract provided.

The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith

Research Collection Yong Pung How School Of Law

Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don’t think that leads to breaches of ethics and social responsibility – breaches that often result in major health, environmental and social tragedies. The article …

Bashir And The Icc, Kurt Mills

Human Rights & Human Welfare

Nesrine Malik argues that the International Criminal Court (ICC) made a mistake when it declared that it might charge Omar al Bashir with genocide, in addition to the existing charges of war crimes and crimes against humanity. She argues that the court’s ruling will contribute to Bashir's propaganda efforts and that the current charges have had no appreciable effect. Given the extreme duplicity of Bashir and the other crimes he has quite clearly committed, it is unclear how the genocide charge would make a big difference.

Lines Of Vision, Lines Of Flight: The Belly Of An Architect, Anne Bottomley

Cardozo Law Review

No abstract provided.

Colorado River Water: Mexico's Perspective On The Ongoing Negotiations, Mario López Pérez

US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)

Presenter: Mario López, Engineering and Technical Standards Manager, National Water Commission of México

53 slides

Agenda: Us-Mexico Negotiations On Improved Colorado River Management: An Update, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Colorado Water Conservation Board

US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)

The United States and Mexico are currently negotiating an international accord on a variety of Colorado River water matters, including the prospects for new water projects, conservation efforts, and operational improvements. Participants are invited to hear an update on these efforts from individuals directly involved in the negotiations, including Mario López Pérez, Engineering and Technical Standards Manager in the National Water Commission of México, who is responsible for binational water issues with the USA, Guatemala and Belize.

Behind The Red Curtain: Environmental Concerns And The End Of Communism, Joseph W. Dellapenna

Working Paper Series

Twenty years ago, the edifice of Communism collapsed constructed over the preceding three-quarters of a century from Berlin to Vladivostok and from Murmansk to Addis Ababa. Suddenly, between 1989 and 1991, all of the Communist states in Europe collapsed, as well as some Communist states in Asia and Africa, while most of the surviving Communist states largely abandoned Communist economic systems. While the crumbling edifice still hangs on, at least in vestigial forms, in some parts of the world, the collapse of the wall serves as an apt metaphor for the destruction of that edifice. The two years between 1989 …

A V. State Of Israel, Eliezer Rivlin, Edmond E. Levy, Dorit Beinisch, Edna Arbel, Miriam Naor, Salim Joubran, Elyakim Rubinstein, Ayala Procaccia, Asher Grunis

Translated Opinions

Facts: The appellant was arrested on suspicion of membership in an illegal organization, and had been the subject of: a. a decision by the authority in charge to postpone the appellant’s first meeting with an attorney by three days; and b. a decision, rendered two days after his arrest, to extend his detention by an additional ten days. The Jerusalem District Court rejected the state’s request to have the appeal of the detention extension decision deliberated in the absence of the appellant; and the state successfully appealed that decision to the Supreme Court. The appeal against the extension of the …

The Demise Of Development In The Doha Round Negotiations, Sungjoon Cho

All Faculty Scholarship

This article provides a concise history of the Doha Round negotiation, analyzes its deadlock, and offers some suggestions for a successful Doha deal and for developing countries. The article observes that the nearly decade-long negotiation stalemate is symptomatic of diametrically opposed perceptions of the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious to Doha’s original genesis, developing countries vehemently condemn their narrow commercial focus in the Doha Round talks. It will not be easy to untie this Gordian knot since both developed and developing countries tend to think that no deal …

The Post-Medellín Case For Legislative Standing, James A. Turner

American University Law Review

No abstract provided.