The Domestic Standing of International Law: A Non-State Account

This Article assesses international law’s standing in the U.S. by analyzing the interpretation, application, and challenge of international law by non-State actors. This Article surveys interventions by non-State actors in the context of a U.S. policy-making process initiated pursuant to a WTO ruling.  It shows that U.S. actors invoked and relied on international law extensively, thereby demonstrating that international law factors into their decision-making process.

Institutional Inosculation: The International Commission Against Impunity in Guatemala (CICIG), International Rule of Law Mechanisms, and Creating Institutional Legitimacy in Post-Conflict Societies

This Note explores ‘grafting mechanisms,’ which attach international elements to existing national institutions to promote cooperation and innovation, according to local needs.  This Note how grafting mechanisms restore public trust and strength to national justice institutions in the context of post-conflict societies.

Corporations as Semi-States

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When Ebola came to West Africa in 2014, Liberia could not cope. The State’s already fragile public health infrastructure was largely ineffective in responding to the illness and preventing its spread. And, the World Health Organization’s support was slow and stilted. By contrast, Firestone, a tire company that operates a vast rubber plantation in Liberia and runs its own hospital for 80,000 employees, family dependents, and persons in neighboring localities, responded to the virus much more effectively. This Article uses Firestone’s Ebola response as an entry point to study a phenomenon too frequently overlooked.

Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts

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Foreign judges play an important role in deciding constitutional cases in the appellate courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to the phenomenon of “hybrid” constitutional courts staffed by a mix of local and foreign judges. This Article addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential advantages and disadvantages of hybrid models of constitutional justice.

Use or Abuse of § 1782 Discovery in Less-Developed Legal Systems

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This Note discusses 28 U.S.C. §1782, which authorizes district courts to issue orders compelling discovery of evidence located within their district for use in a proceeding in a foreign tribunal. This Note addresses whether, to satisfy the § 1782 “for use” requirement, applicants must show that they possess some procedural right entitling them to participate in the foreign proceeding or otherwise describe the procedures through which the applicant intends to inject the requested discovery into the foreign proceeding.

Interpreting “Space Resources Obtained”: Historical and Postcolonial Interventions in the Law of Commercial Space Mining

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This Note addresses a fundamental ambiguity in the U.S. Commercial Space Launch Competitiveness Act of 2015 (“CSLCA”). It is unclear whether the statute authorizes U.S. citizens to extract natural resources from asteroids and other celestial bodies, as is commonly assumed. Alternatively, the statute can be read to merely entitle citizens to resources that have already been obtained, where the regime for actually obtaining such resources remains undetermined.

Nationality and Defining “The Right to Have Rights”

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Since the late 1990s, the U.N. High Commissioner for Refugees and scholars have suggested that legal nationality, as is relevant to the right to a nationality, comprises not only traditional rights regarding movement and access to diplomatic protection but also civil and political rights. They have equated nationality with enfranchised citizenship, identifying certain groups of non-citizen nationals as stateless. This Note reviews the history of nationality in international law and concludes that nationality and citizenship were and continue to be separate concepts.

User-Generated Evidence

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Around the world, people are increasingly using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user- generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security, (ii) evidentiary bias, and (iii) fair trial rights.