Volume 36:2

Articles

Nancy Amoury Combs
“From Presecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus” // pdf

Richard Ashby Wilson
“Inciting Genocide With Words” // pdf

Notes

Ezekiel Rediker
“The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union” // pdf

Comments

Brian Libgober
“Can The EU Be A Constitutional System Without Universal Access To Judicial Review?” // pdf

Economic Shifts in Michigan and China Dictate Need for Socially Responsible Businesses

Amy K. Bergstraesser, Vol. 36 Associate Editor

Introduction

The experience of large economic shifts often sparks the need for more than some governments can or are willing to deal with. Social welfare systems deteriorate and the gap between the rich and the poor grows, causing concern and strife. Recently, businesses have been called on to pick up the pieces. Eastern Michigan, on the brink of recovery from a huge economic downturn, has looked to smaller-scale grassroots ways of revitalizing the economy. Continue reading

Labor Rights Violations in Cambodia’s Garment Industry

Divya Taneja, Vol. 37 Business and Development Editor,
Vol. 36 Associate Editor

Last month, Human Rights Watch released a report on labor violations in Cambodia’s garment industry.[i] The 140-page report details discriminatory and exploitative labor conditions that occur in the factories of many brands that are well known across the globe, including Gap, Marks & Spencer, and Adidas.[ii] The controversy surrounding these labor rights violations have drawn attention to ill-treatment that is specific to women, including pregnancy discrimination, in part because roughly 90% of Cambodia’s seamstresses are women.[iii] Continue reading

How International Conventions Affect Incidence of Sexual Violence in Conflict Zones: An Israeli Case Study

Luca Winer, Vol. 37 Editor-in-Chief, Vol. 36 Associate Editor

Violence against women and children is endemic in many conflict zones. Sexual violence is particularly likely to be used a weapon of intimidation and subjugation.[i] The international community has acknowledged this unfortunate truth, and discussed, written and signed many multilateral treaties that attempt to address this type of violation. Since the 1940s, customary international law has recognized that even in wartime, civilians have legal rights and protections.[ii] The Fourth Geneva Convention of 1949 stated that civilians must be cared for in detention and must not be subject to torture; “violence to their life or person;” be taken hostage; subject to “outrages upon personal dignity;” or subject to rape.[iii] Continue reading

Volume 35:4

Jeffrey R. Boles
“The Two Faces of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes” // pdf

Sam F. Halabi
“Multipolarity, Intellectual Property, and the Internationalization of Public Health Law” // pdf

Dr. Daphné Richemond-Barak
“Can Self-Regulation Work? Lessons From the Private Security and Military Industry” // pdf

Seth Mohney (Student Note)
“The Great Power Origins of Human Rights” // pdf

The Alien Tort Statute and the Syrian Crisis

Anonymous, Vol. 36 Associate Editor

Syria’s President Bashar Assad has engaged in a civil war with Syrian citizens since March 2011.[i] As the revolution-turned-bloodbath enters its fifth year, the estimated death toll has reached 220,000 and continues to rise.[ii] The conflict has also displaced a significant percentage of the country’s pre-war population. The United Nations High Commissioner for Refugees estimates that there are 3.8 million Syrian refugees who are now registered in Jordan, Lebanon and Turkey. [iii] Yet, Assad regime forces have only been more aggressive in their indiscriminate shelling of residential areas and their use of internationally prohibited barrel bombs against both civilians and rebel fighters.[iv]

Continue reading

Volume 35:3

Anjanette H. Raymond & Scott J. Shackelford
Technology, Ethics, and Access to Justice: Should an Alogrithm be Deciding Your Case? // pdf

Timothy Webster
Paper Compliance: How China Implements WTO Decisions // pdf

Meredith Kolsky Lewis & Andrew D. Mitchell
Food Miles: Environmental Protection or Veiled Protectionism? // pdf

Zackary L. Stillings (Student Note)
Human Rights and the New Reality of Climate Change: Adaptation’s Limitations in Achieving Climate Justice // pdf

The Long Arm of Justice: America’s Place in China’s Anti-Corruption Campaign

Derek Turnbull, Vol. 36 Associate Editor

As President Xi Jinping’s burgeoning anti-corruption campaign takes root in China, forcing government officials at the top of diverse ministries from the energy sector to the military to sit up and take notice, China’s anticorruption officials have set their sights on a new area: the United States.  Increasingly, China’s state media has critically covered the large number of government officials who have come under investigation in the People’s Republic of China (PRC) and then fled abroad, many to the United States, allegedly in possession of billions of dollars in stolen cash and assets.[1]  In February, Chinese and American government officials confirmed that they had recently met to discuss this issue, and announced that in August they will sit down together once more to talk about extradition.[2]  While the United States should naturally be at the forefront of any effort to bring corrupt criminals to justice, reasons still exist for caution as American officials move forward in negotiations with their Chinese counterparts.  Rather than capitulating to the PRC’s demands for an extradition treaty, the US should settle on a more flexible alternative, such as compliance with already-existing international agreements like the United Nations Convention Against Corruption. Continue reading

Volume 35:2

Paul Behrens
The Law of Diplomatic Asylum—a Contextual Approach // pdf

John D. Ciorciari & Anne Heindel
Experiments in International Criminal Justice: Lessons from the Khmer Rouge Tribunal // pdf

Eric Talbot Jensen
The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots // pdf

Brenton Kinker (Student Note)
An Evaluation of the Prospects for Successful Implementation of the Convention on the Rights of Persons with Disabilities in the Islamic World // pdf

The 1970 UNESCO Convention, as Implemented by Canada and the U.S.: Articulating Policy Norms

Elizabeth A. Beitler, Vol. 37 Article Editor, Vol. 36 Associate Editor

The law of cultural property and its repatriation is becoming a more and more salient topic in the realm of international law for several reasons.  First, cultural property encompasses a vast array of objects, including, but not limited to, art, archaeological artifacts, antiquities, and rare manuscripts.[1]  Thus, the law of this field has a broad scope that transcends international boundaries.  Second, people are becoming increasingly aware of the value of objects subject to this area of law.  As a result, many more claims for repatriation have been made in recent years.  Furthermore, these claims have a significant impact on relations between interested parties, which are often countries. Continue reading