This Article explores the undertheorized and understudied phenomenon of doubly uncooperative federalism. While most commentary examining the behavior of U.S. states with respect to treaty regimes focuses on cooperative behavior—that is, states that aid in the implementation of duly ratified treaties, or even aid in the implementation of treaties that the federal government has yet to ratify—this Article focuses on settings of doubly uncooperative federalism.
This Note proposes that a rebuttable presumption against intervention should be imposed against nondemocratic States. Unless a nondemocratic State can affirmatively demonstrate the intervention’s compliance with a State’s other international legal commitments, the intervention should be presumed unlawful.
This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique challenge to rights and “rights talk.”
Through multiple interviews with people working in Somalia on the national program for rehabilitating and reintegrating former terrorists, this Note maps out the current legal framework for handling terrorists and evaluates its effectiveness. It concludes that, while the current programs in Somalia are a positive step and likely to be more effective than traditional counter-terrorism models, there is still a need to ensure adequate safeguards for disengaging terrorists.
TTIP and the Investment Court System: A New (and Improved?) Paradigm for Investor-State AdjudicationBy: Robert W. Schwieder
This Note evaluates the ICS in light of the most cogent critiques lodged against ISDS, before considering three alternative modes of investment dispute resolution: a return to the pre-ISDS era, the adoption of a rule-of-law ratings mechanism, and a reformed and updated version of ISDS.
A change in the policy of barring refugees from jobs in the U.S. Federal Civil Service could mitigate challenges for the refugee population. The current policy is misguided from a humanitarian and economic perspective and potentially unconstitutional as it may be in conflict with U.S. obligations under the 1967 Protocol on the Status of Refugees.
A renewed effort is required to reform India’s civil aviation regulatory system based on the CAAI Act or an improved alternative. At the very least, legislative action is required to build a legal framework to support the rising flight path of India’s economy.
Two important new books examine how the law and the nature of war have changed since 9/11. Neither paints a rosy picture.
Digital Destruction: Applying the Principle of Non-Intervention to Distributed Denial of Service Attacks Manifesting No Physical DamageBy: William Mattessich
The principle of non-intervention provides one avenue for applying current international law to DDoS attacks that are not immediately physically destructive. Under the principle of non-intervention, such attacks would be internationally unlawful if they amounted to coercion of the target state.
Brexit demands a new effort to communicate a vision of national identity empowered through supra-national networks just as it forces Europe to reevaluate and salvage its most important post-war political accomplishment.