Databased of International Law Journal and Research Center
The Rohingyas are widely considered to be the most persecuted people in the world. Though they have lived in what is now southwestern Myanmar for hundreds of years, the Burmese government denied the Rohingyas citizenship at the country’s independence from Britain. This statelessness, and the bigotry underlying it, has led to waves of violence, forced Read More …
The goal of any criminal enterprise, whether it’s human trafficking, drug dealing, or any other organized crime, is to generate a profit. However, after earning their illegal gains, criminals must introduce those funds into a legitimate financial system, lest they risk raising the suspicion of law enforcement officers or leaving a trail of incriminating evidence. Read More …
Traditionally, the United States has aspired to the operation of its industries in a system of free enterprise. One of the oldest instances of government intervention in shipping – the cabotage law- was designed to preserve for domestic vessels all trade between domestic points. Recently, however, developments in maritime commerce have led United States courts Read More …
This Note examines the interrelationship between the Convention and the FISA, specifically, whether a sovereign’s ratification of the Convention constitutes a waiver of immunity under section 1605(a)(1) of the FISA in actions to enforce arbitration agreements and awards. The development of sovereign immunity law in arbitration enforcement actions, pre-FISA and under the FISA’s “waiver” exception, Read More …
One of the goals routinely ascribed to international criminal law (“ICL”) prosecutions is the ability to improve the rule of law domestically in post-atrocity states. This Article reassesses the common assumption that the relationship between the pursuit of ICL accountability and improving the rule of law in post-atrocity states is necessarily a linear, wholly positive Read More …
The author starts with the premise that the U.S.-Soviet Maritime Agreement, which was signed on October 14, 1972, and renegotiated as of December 19, 1972, is unique. Before the agreement was signed, only about 6 percent of U.S.-Soviet trade was being carried in U.S. bottoms, whereas 94 percent was being carried in Soviet bottoms. The Read More …
The Vienna Convention on the Law of Treaties sets the rules of treaty interpretation in articles 31-33. Yet these rules are quite vague, and they leave a lot of room for judicial discretion. The European Court of Human Rights (“ECHR” or “the Court”) has developed its own version of these rules of interpretation—a version that Read More …
This Note reaches the contrary conclusion that the French nationalization of American subsidiaries fits within the territorial exception to the act of state doctrine. Carolyn B. Levine
An independent legal profession is said to be “the bulwark of a free and democratic society.” It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in Read More …
The late twentieth century and early twenty-first century bore witness to a flurry of small-scale conflicts, many of which were initiated by the President of the United States without a formal declaration of war from Congress. A host of legal scholars have decried these hostilities and harshly admonished presidential initiative in warmaking. However, this state Read More …