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Special Feature
WTO Jurisprudence & Its Critiques: The Appellate Body’s Anti-Constitutional ResistanceTorture Lawyers
The Torture Lawyers
by Jens David Ohlin, Cornell Law School
Responses:
Do the "Torture Lawyers" Have Guilty Minds?: A Response to Jens Ohlin
by John T. Parry, Lewis & Clark Law School – April 20, 2010
The Torture Lawyers: A Response
by Alon Harel, Hebrew University – March 30, 2010
Author Response to critiques:
The Torture Lawyers: A Reply to Parry and Harel
by Jens David Ohlin, Cornell Law School – June 25, 2010
Accountability for United Nations Peacekeepers
Article:
Translating the Standard of Effective Control into a System of Effective Accountability: How Liability Should be Apportioned for Violations of Human Rights by Member State Troop Contingents Serving as United Nations Peacekeepers
by Tom Dannenbaum, Yale Law School
Responses:
The U.N. Is Bound By Human Rights: Understanding the Full Reach of Human Rights, Remedies, and Nonimmunity
by Jordan J. Paust, University of Houston Law Center– April 12, 2010
United Nations Peacekeepers and Human Rights Violations: the Role of Military Discipline
by Peter Rowe, Lancaster University Law School – June 14, 2010
Author Response to critiques:
Finding Balance in the Attribution of Liability for the Human Rights Violations of U.N. Peacekeepers: A Response to the Responses of Paust and Rowe
by Tom Dannenbaum, Yale Law School – June 28, 2010
Reflections from the 2010 Harvard International Law Journal Symposium: International Dispute Resolution in Practice
Legal Efforts for Social Reform through the Indian Supreme Court
Avani Mehta Sood, Princeton University – June 11, 2010
Article Series: Elections in Conflict
The Harvard International Law Journal Online is pleased to present its latest online article series, "Elections or Peace?: Democracy in Times of Violence." In this article series, the journal invited academics and practitioners to reflect upon the interplay between conflict and democracy, especially in light of recent instances of election-related violence in Afghanistan, Iraq, Iran, Kenya, and Southern Sudan, among other places. The series aims to explore fundamental questions about the relationship between elections and violence, including: Is security a prerequisite for successful elections in so-called "fragile states"? What is the impact of violence on electoral processes in democratic countries? Is there a danger in holding elections in states that have not yet achieved democratic or human rights norms? How can election violence be avoided in conflict-prone states? These questions and others are explored in the articles below.
Elections and the Probability of Violence in Sudan
Marc Gustafson, University of Oxford – May 24, 2010
Identitarian Violence and Identitarian Politics: Elections and Governance in Iraq
Haider Ala Hamoudi, University of Pittsburgh Law School – June 14, 2010
Free and Fair Elections, Violence and Conflict
Muna Ndulo and Sara Lulo, Cornell Law School – July 5, 2010
Alien Tort Litigation
Article:
International Law Limits on Investor Liability in Human Rights Litigation
by Michael Ramsey, University of San Diego Law School
Response:
Alien Tort Litigation and the Prescriptive Jurisdiction Fallacy
by William S. Dodge, University of California, Hastings College of Law - May 4, 2010
What to Do About Foreign Discriminatory Forum
Non Conveniens Legislation- January 20, 2009
by Hal S. Scott, Professor, Harvard Law School
Civilian Property Interests in International Humanitarian Law
Article:
Ownership or Use? Civilian Property Interests in International Humanitarian Law
by Lea Brilmayer, Yale Law School, & Geoffrey Chepiga, J.D., Yale Law School
Responses:
Individual Property and Unlawful Destruction: An Expanded Compensation Model for Civilian
Losses During Armed Conflict - March 31, 2009
by Bonnie Docherty, Harvard Law School
Finding a Proper Role for the "Civilian-Use Model" - April 30, 2009
by Micaela Frulli, University of Florence
Evaluating the Civilian-Use Model of Wartime Property Damage: A Response to Brilmayer and
Chepiga - July 17, 2009
by Sarah Holewinski, CIVIC & Erica Gaston, CIVIC
Institution-Based Financial Regulation: A Third Paradigm
by John H. Walsh
Response:
Rules v. Principles as Approaches to Financial Market Regulation - April 7, 2009
by Anita I. Anand, University of Toronto
Article Series: Faith in the Courts: Global Perspectives on Law and Religion
As one of its goals the Harvard ILJ strives to publish timely and relevant scholarship that addresses current developments and issues in international, comparative, and foreignlaw. In that spirit, the ILJ is proud to publish our latest article series, Faith in the Courts: Global Perspectives on Law and Religion. Through contributions from academics, judges, practitioners, and other scholars, the articles in this series will explore questions related to religious freedom and accommodation between religion and state in a variety of international and comparative law contexts.
Articles:
Neutrality, Proselytism, and Religious Minorities at the European Court of Human Rights
and the U.S. Supreme Court - June 23, 2009
by Nicholas Hatzis, City University of London
The Rise of Constitutional Theocracy- October 16, 2008
by Ran Hirschl, University of Toronto
Sacred Space and the City: Religious Buildings and Noise Pollution - May 28, 2008
by Samantha Knights, Matrix Chambers, United Kingdom
Between Religious Freedom and Equality: Complexity and Context - April 21, 2008
by Carolyn Evans and Beth Gaze, Centre for Comparative Constitutional Studies, Melbourne Law
School, Australia
Religious Liberty in British Courts: A Critique and Some Guidance - April 11, 2008
by Robin Hopkins and Can V. Yeginsu, Inns of Court School of Law and Harvard Law School
Remarks on the Military Commissions Act - January 19, 2007
by John B. Bellinger, Legal Adviser to the U.S. Secretary of State
Responses:
Detainee Policy and the Rule of Law: A Response - April 18, 2007
by Professor Robert Knowles, New York University School of Law
Judicial Review, Combatant Status Determinations, and the Possible Consequences
of Boumediene - March 30, 2007
by Professor Robert M. Chesney, Wake Forest University School of Law
The Military Commissions Act and "Torture Lite": Something for a Great Nation to Be
Proud Of? - March 23, 2007
by Professor Jenny S. Martinez, Stanford Law School
The Military Commissions Act and the Detainee Debacle: A Response - February 12, 2007
by Professor Gerald L. Neuman, Harvard Law School
Most Recent Online Articles
Evaluating the Civilian-Use Model of Wartime Property Damage:
A Response to Brilmayer and Chepiga - July 17, 2009
by Sarah Holewinski, Erica Gaston
The Administrative Law of Nations: A New Perspective on Sosa, the Alien Tort Statute, and Customary International Law
- June 23, 2009
by Josh Goodman
Neutrality, Proselytism, and Religious Minorities at the European Court of Human Rights and the U.S. Supreme Court - June 23, 2009
by Nicholas Hatzis
Finding a Proper Role for the "Civilian-Use Model" - April 30, 2009
by Micaela Frulli
Rules v. Principles as Approaches to Financial Market Regulation - April 06, 2009
by Anita Anand
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