The Convention on Cluster Munitions: An Incomplete Solution to the Cluster Munition Problem
Cluster munitions have been a significant weapon in the world’s arsenals for the last half-century, but their use has drawn sharp...
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- Jul 2, 2012
Rethinking Jurisdictional Discovery Under the Hague Evidence Convention
When a federal court in the United States compels the discovery of information located abroad to determine whether it has jurisdiction...
- Jul 2, 2012
A Club of Incumbents? The African Union and Coups d’État
This Article considers the response of the Organization for African Unity (the OAU, founded in 1963) and its successor, the African Union...
- Jul 2, 2012
The United States–El Salvador Extradition Treaty: A Dated Obstacle in the Transnational War Against
This Note discusses the dramatic proliferation of the Mara Salvatrucha (MS-13) over the last two decades, primarily focusing on the...
- Jul 2, 2012
Managing Forced Displacement by Law in Africa: The Role of the New African Union IDPs Convention
This Article provides a critical appraisal of the newly adopted African IDPs Convention. In particular, it offers a detailed analysis of...
- Jun 28, 2012
Green Jackets in Men’s Sizes Only: Gender Discrimination at Private Country Clubs
On November 3, 2009, the Supreme Court of Ireland held that the Portmarnock Golf Club could maintain its rule prohibiting female...
- Jun 28, 2012
The Double-Helix Double-Edged Sword: Comparing DNA Retention Policies of the United States and the U
Forensic scientists have used DNA profiling technologies to link suspects to crimes since Alec Jeffreys first proposed the idea in the...
- Jun 28, 2012
Forced to Flee and Forced to Repatriate? How the Cessation Clause of Article 1C(5) and (6) of the 1
The purpose of refugee law is to provide international protection for vulnerable people who are denied state protection. In fulfilling...
- Jun 28, 2012
Space Debris and Its Threat to National Security: A Proposal for a Binding International Agreement t
In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris. In 2009,...
- Jun 28, 2012
Building a Latin American Coalition on Forests: Negotiation Barriers and Opportunities
Reducing emissions from deforestation and forest degradation (REDD) is one of the most important and most contentious issues in global...
- Jun 27, 2012
From Ideology to Pragmatism: China’s Position on Humanitarian Intervention in the Post-Cold War Era
This Article fills a gap in the literature by examining in depth China’s state practice and official pronouncements in respect of nine...
- Jun 27, 2012
The Threat of Force as an Action in Self-Defense Under International Law
Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected...
- Jun 27, 2012
Elections and Government Formation in Iraq: An Analysis of the Judiciary’s Role
In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein’s authoritarian...
- Jun 27, 2012
Hedge Fund Regulation via Basel III
This Article is a rejoinder to a recent comment by Professor Romano on an earlier paper I coauthored with Christian Kirchner. Professor...
- Jun 27, 2012
A New Standard for Evaluating Claims of Economic Persecution Under the 1951 Convention Relating to t
The United Nations Convention and Protocol Relating to the Status of Refugees define the requirements for qualification as a “refugee”...
- Jun 25, 2012
The Immunity of State Officials Under The UN Convention on Jurisdictional Immunities of States and T
The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign officials in U.S. courts will be...
- Jun 25, 2012
The Dog that Caught the Car: Observations on the Past, Present, and Future Approaches of the
The Supreme Court’s decision in Samantar v. Yousuf vindicated the position of the State Department’s Office of the Legal Adviser, which...
- Jun 25, 2012
Foreign Official Immunity After Samantar
In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA) does not govern the...
- Jun 25, 2012
The “Common Law Regime” of Foreign Sovereign Immunity: The Actual Possession Rule in Adm
It has been a long-standing rule in admiralty that in order for a foreign sovereign to assert immunity in U.S. courts, the res that is...
- Jun 25, 2012
Samantar and Executive Power
This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive...
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