Articles Posted in International Law

NYU law professor Samuel Estreicher and JD candidate George Bogden, PhD, comment on a recent filing by the Prosecutor of the International Criminal Court (ICC) asking the court to exercise jurisdiction and grant permission to pursue an investigation of alleged war crimes in the West Bank and the Gaza Strip. Estreicher and Bogden argue that because Israel is not a state party to the action and Palestine is not a state recognized by international law, the ICC lacks territorial jurisdiction under the Rome Statute.

Cornell law professor Michael C. Dorf comments on Argentina’s national elections last month, in which the country elected as Vice President Cristina Fernández de Kirchner, who had previously served as President of Argentina from 2007 to 2015. Dorf considers why Kirchner, and indeed anyone, would accept a lower position than what she has previously held. Dorf argues that due to the Peter Principle—which states that workers in a hierarchical organization tend to rise to their level of incompetence—we would do well as a society to abandon the whole concept of a demotion.

Cornell law professor Michael C. Dorf comments on the recent unanimous decision by the U.K. Supreme Court ruling that Prime Minister Boris Johnson acted unlawfully in asking the Queen to prorogue Parliament. Dorf explains how that ruling highlights the error of the U.S. Supreme Court’s recent ruling in Rucho v. Common Cause, in which the Court declined to intervene in a political gerrymandering case, citing the so-called political question doctrine.

Illinois law professor Lesley Wexler discusses signs of a possible reversal of the global trend toward nationalism and European rejection of migrants. Wexler explains how a broad regional immigration agreement emerged and what a migration distribution proposal might look like, as well as the important questions such a proposal raises.

Brazilian legal scholar Igor de Lazari, Brazilian law professor Antonio G. Sepulveda, and attorney David S. Kemp compare the evolving recognition of the rights of LGBTQ individuals in Brazil and the United States. De Lazari, Sepulveda, and Kemp describe specifically the role of courts in recognizing these rights and establishing protections in the absence of clear legislation.

Cornell law professor Michael C. Dorf explains why President Trump’s threat to escalate tariffs on all Mexican goods if Mexico had not stopped the flow of Central American Migrants erroneously presumes a win-lose situation where none exists. Dorf also explains the fallacy of the criticism that immigration and trade ought to be always kept separate in negotiations.

Cornell law professor Michael C. Dorf comments on the recognition by the United States and some other constitutional democracies of Juan Guaidó as Venezuela’s legitimate leader pending new elections. Dorf points out that many countries suffer under incompetent, corrupt, and authoritarian leaders just as Venezuela did under Nicolás Maduro, yet constitutional democracies typically do not rally behind the ouster of those leaders. What makes Maduro’s case different?

Illinois law professor Lesley Wexler discusses a draft treaty by the International Labor Organization that would address, on a global scale, many of the issues of workplace harassment and sexual assault that the #MeToo movement has brought into the spotlight. Wexler describes how the treaty is grounded in human rights language and would create protections for workers far more expansive than even those recognized under current US law, such as Title VII of the Civil Rights Act of 1964.

Illinois law professor Lesley Wexler reports on the genocide convictions recently handed down by the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia after trials concluded over crimes committed during the Khmer Rouge regime. Wexler suggests three main takeaways of the rulings, including how the determination of genocide is beneficial to many victims in Cambodia, a reminder about how international legal entities define genocide in the context of this and other human rights atrocities, and a breakdown of the crucial importance of reparations to the Cambodian people.

Illinois Law professor Lesley Wexler considers what options the International Criminal Court (ICC) has in light of harsh criticism by US National Security Advisor John Bolton, and what the ICC’s end game will be. Specifically, Wexler considers three possibilities and the likelihood of each.

Cornell law professor Michael C. Dorf explains why President Trump can unilaterally undermine NAFTA but cannot act to replace it without help from Congress. Dorf distinguishes treaties from “congressional-executive agreements” (NAFTA is an example of the latter), and he points out that any new agreement Trump seeks to enter with Canada and Mexico that differs in any substantial way from NAFTA can only become effective upon the passage of new legislation by Congress.

Illinois law professor Lesley Wexler comments on the tenuous situation in Europe as to how the member states will deal with migrants seeking asylum. Wexler describes the background of the controversy, and discusses some of the developments and decisions of individual states that may affect whether Europe can reach a mutually agreed upon solution.

Cornell law professor Sherry F. Colb explains the controversy over a proposed (but failed) law in Austria that would have regulated the consumption of Kosher and Halal meat in Lower Austria, one of nine states in that country. Colb points out that the law could not have achieved its purported purpose, to promote the welfare of animals, because it would have permitted animals to be slaughtered at all. Rather, it would have required that religious Jews and Muslims register with the government—just as they were required to do under Nazi rule. Colb also observes that while the law invidiously targeted religious Jews and Muslims, no one seemed to consider that the intended targets could avoid the law altogether by becoming vegans.

Illinois law professor Lesley Wexler analyzes the strategy of newly elected Mexican president Andrés Manuel López Obrador with respect to that country’s war on drugs and cartels—a strategy known as transitional justice. Wexler defines transitional justice and explains how the core components of transitional justice might serve as a good framework for addressing some of Mexico’s most daunting challenges.

Illinois law professor Lesley Wexler comments on last week’s EU summit, in which the heads of state sought to address the immigration crisis affecting various countries in the European Union. Wexler describes the highlights of the resulting agreement and while cautiously optimistic, expresses concerns for what some of the longer term implications may be.

In anticipation of the heads of state meeting tomorrow and Friday, Illinois Law professor Lesley Wexler discusses the immigration issues that threaten to break apart the European migration system. Wexler describes the nature of the issues facing the European Union and the various perspective different nations are bringing to the table.

In light of US immigration policy of separating immigrant children from their parents at the borders, Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, calls on the United States Senate to ratify the UN Convention on the Rights of the Child. Hamilton points out that the United States is the only country in the world not to ratify it, and that its failure to do so is entirely indefensible.

Cornell University law professor Sherry F. Colb comments on the outcome of a recent vote in Ireland repealing that country’s ban on nearly all abortions and explains why empathy for opposing perspectives is important on abortion and other issues, such as animal rights. An ethical vegan, Colb shares her own experience of learning to be empathic when people make untenable arguments in favor of violence toward nonhuman animals.

Illinois law professor Lesley Wexler comments on the ongoing national strikes by truckers and oil workers in Brazil in protest of the recent steep increase in diesel prices due to international market-based pricing. Wexler expresses specific concerns over calls for a return to a military dictatorship to replace the democracy, despite the prior military government’s corruption and engagement in serious human rights violations including torture, disappearances, and extrajudicial killings.

Illinois Law professor Lesley Wexler comments on the Windrush scandal developing in the United Kingdom, just one example of immigration policies that affect not only undocumented migrants present unlawfully but also undocumented citizens present lawfully. Wexler explores the reasons for the scandal and identifies troubling shortcomings in the apology and remedy offered.