Recently added articles from Chicago Journal of International Law:
The Politics of International Judicial Appointments
Jan 01, 2009; ... I. INTRODUCTION How, if at all, do governments influence the choices that international judges make? This question has justly received ample attention in the literature. Unlike in the study of American judicial politics, however, relatively few of these scholarly efforts have been ...
The Clash of Commitments at the International Criminal Court
Jan 01, 2009; ... I. INTRODUCTION On July 10, 2008, International Criminal Court ("ICC") Prosecutor Luis Moreno-Ocampo informed members of the UN Security Council that he would be issuing an indictment against Sudanese President Omar Hassan al Bashir on charges of genocide and crimes against humanity for ...
Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law?
Jan 01, 2009; ... I. THE "LEGITIMACY CRISIS" IN INTERNATIONAL INVESTMENT LAW International courts and tribunals are, in contrast to their domestic counterparts, in the unique situation of having to defend themselves on a regular basis against attacks on their legitimacy as mechanisms for resolving ...
International Common Law: The Soft Law of International Tribunals
Jan 01, 2009; ... I. INTRODUCTION The dominant trend in international law since the end of the Second World War has been one of increasing legalization.1 States have created legal regimes of one form or another to govern a host of areas previously left to the realm of politics. Not surprisingly, this ...
Form, Function, and the Powers of International Courts
Jan 01, 2009; ... At the end of the nineteenth century, innovations in technology and design permitted construction of the first skyscrapers in Chicago and led to profound changes in the urban environment. The new possibilities in architecture led to an ongoing debate between functionalists who felt that form ...
No Way Out? The Question of Unilateral Withdrawals or Referrals to the ICC and Other Human Rights Courts
Jan 01, 2009; ... "Relax, " said the night man. 'We are programmed to receive. You can check out any time you like, but you can never leave!" The Eagles, Hotel California, Asylum Records, 1976 I. INTRODUCTION The Rome Statue of the International Criminal Court ("ICC") entered into ...
Keeping the Barbarians outside the Gate: Toward a Comprehensive International Agreement Protecting Cultural Property
Jan 01, 2009; ... "The British say they have saved the [Elgin] Marbles. Well, thank you very much. Now give them back."-Melina Mercouri1 In 1897, a British expedition arrived in the Nigerian city of Benin while the king of Nigeria was engaged in a sacred ritual, during which contact with foreigners was ...
Identitarian Anxieties and the Nature of Inter-Tribunal Deliberations
Jan 01, 2009; ... I. INTRODUCTION On matters of judicial contacts across territorial boundaries-whether horizontal1 or vertical2-two seemingly opposed trends define our globalized world. On the one hand, communication technologies are making it easier for members of judicial tribunals across the globe to ...
Minimalist Interpretation of the Jurisdictional Immunities Convention
Jan 01, 2009; ... I. Introduction The UN Convention on Jurisdictional Immunities of States and Their Property ("Jurisdictional Immunities Convention")1 is the first worldwide agreement to formalize a consistent approach to jurisdictional immunity. Basically it presents a list of situations in which a ...
Post-Conflict Administrations as Democracy-Building Instruments
Jul 01, 2008; ... The period that stretches from the end of the Cold War until today has weathered the emergence of a large number of new states. With each addition, the international community has striven to regulate statehood and rein in its most erratic and unpredictable manifestations.1 In particular, the ...
Equality of States-Its Meaning in a Constitutionalized Global Order
Jul 01, 2008; ... I. INTRODUCTION In the discourse on international relations, we routinely differentiate between various categories of states and label them according to certain criteria that we consider relevant for our understanding of the dynamics of international politics. Sometimes these criteria ...
State-Building in a Post-Colonial Society: The Case of Solomon Islands
Jul 01, 2008; ... I. INTRODUCTION Despite growing levels of conflict and instability in parts of the southwest Pacific, Australia has, until recently, been reluctant to intervene in the affairs of neighboring states. As the dominant metropolitan power in the region, a former colony of Britain, and the ...
Making the State Do Justice: Transnational Prosecutions and International Support for Criminal Investigations in Post-Armed Conflict Guatemala
Jul 01, 2008; ... In November 2006, a local trial court in Guatemala's capital ordered the arrest of the country's ex-President, Oscar Mejía Víctores, along with ex-Defense Minister Aníbal Guevara, ex-Police Chief Germán Chupina, and ex-head of the Secret Police Pedro Arredondo on charges of genocide, torture, ...
Restructuring the Courts: In Search of Basic Principles for the Judiciary of Post-War Bosnia and Herzegovina
Jul 01, 2008; ... I. INTRODUCTION While judicial reform projects are underway in many countries, particularly in the developing world, it is unusual for the reform efforts to include a complete restructuring of a court system which redefines the number, size, and location of courts, as well as their ...
Prelude to Compatibility between Human Rights and Intellectual Property
Jul 01, 2008; ... I. INTRODUCTION I am moved by fancies that are curled Around these images, and cling: The notion of some infinitely gentle Infinitely suffering thing.1 The goals of advocates for human rights and intellectual property rights are not incompatible, and in ...
Islamic Law in Iran: Can It Protect the International Legal Right of Freedom of Religion and Belief?
Jul 01, 2008; ... [Differences among civilizations are not only real; they are basic. Civilizations are differentiated from each other by history, language, culture, tradition and, most important, religion. The people of different civilizations have different views on the relations between God and man, the ...
Cyberwar and Customary International Law: The Potential of a "Bottom-up" Approach to an International Law of Information Operations
Jul 01, 2008; ... I. INTRODUCTION After Estonia relocated a Soviet World War II memorial in late April 2007, the country fell prey to a series of distributed attacks which suddenly jammed and disabled various websites by overcrowding the bandwidths for the servers running the sites.1 Among the servers ...
Professional Military Firms under International Law
Jul 01, 2008; ... I. INTRODUCTION On July 18, 2006, four employees of Triple Canopy, an American securityprovision contract firm, embarked on the dangerous convoy route in downtown Baghdad colloquially known as "Route Irish." Their assignment was to escort an employee of the military-service provision ...
The UN Declaration on the Rights of Indigenous Peoples: A Flexible Approach to Addressing the Unique Needs of Varying Populations
Jul 01, 2008; ... I. INTRODUCTION In September of 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples ("Declaration").1 The Declaration presents a comprehensive list of rights, unique to indigenous populations, which have often gone overlooked by national ...
Safeguarding the Rights of Sexual Minorities: The Incremental and Legal Approaches to Enforcing International Human Rights Obligations
Jul 01, 2008; ... I. INTRODUCTION The stark contrast between the aspirational, lofty language of international human rights treaties and the domestic laws of their signatories-not to mention official statements made by those signatory nations' leaders-is truly astounding. To note just one example of this ...