Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 8, No. 1, Summer

Angelina and Madonna: Why All the Fuss? an Exploration of the Rights of the Child and Intercountry Adoption within African Nations
InJuIy of 2005, it was reported that Angekna Joke was adopting a baby girl from the African country of Ethiopia.1 Joke used a private adoption agency to faciktate die proceeding and was under the bekef that the baby's parents had died from AIDS. An Ethiopian...
China's Network Justice
INTRODUCTIONChina's Internet revolution has set off a furious debate in the West. Optimists from Thomas Friedman to Bill Cknton have predicted the crumbling of the Chinese Party-state ("Party-state"), whke pessimists suggest even greater state control....
Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past
The recent restitution of antiquities from several major American museums and the trial in Italy of former Getty antiquities curator Marion True and art dealer Robert Hecht have focused pubkc attention on the Ulegal trade in looted antiquities to an...
Evolving Approaches to Jihad: From Self-Defense to Revolutionary and Regime-Change Political Violence
I. INTRODUCTIONThe Arabic language was used in the southern part of the Arabian Peninsula for centuries before the Qur'an was revealed to Prophet Muhammad in 610 CE. In its early developmental phase, Arabic was influenced by Aramaic and Syriac, which...
International Cultural Property Trusts: One Response to Burden of Proof Challenges in Stolen Antiquities Litigation
I. INTRODUCTIONThe United Nations Educational, Social, and Cultural Organization ("UNESCO") has estimated that the international trade in cultural property is worth $5 bilkon annuaky, second in value only to narcotics trafficking.1 As the demand for...
Islamic Law in the Jurisprudence of the International Court of Justice: An Analysis
I. INTRODUCTIONProfessor Lori Damrosch has long been interested in the role that Islamic law1 has played in shaping the evolution of international law.2 This Article is an attempt to answer a question she once asked me. Knowing that I was interested...
Privacy and Law Enforcement in the European Union: The Data Retention Directive
This Article examines a recent twist in European Union ("EU") data protection law. In the 1990s, the European Union was a market-creating organization and the law of data protection was designed to prevent rights abuses by market actors. Since the terrorist...
Provisional Application of the Energy Charter Treaty: The Yukos Arbitration and the Future Place of Provisional Application in International Law
The provisional application of treaties is a relatively recent development in international treaty law designed to address some of the shortcomings of the traditional practice of concluding treaties. Generally, the process of concluding a treaty has...
Public Reason as a Strategy for Principled Reconciliation: The Case of Islamic Law and International Human Rights Law
I. INTRODUCTIONIf the salient question of the twentieth century was race, first as manifested in European imperialism and then in international decolonization and domestic civil rights movements, the corresponding question of the twenty-first century...
Shari'ah and State Formation: Historical Perspective
I. INTRODUCTIONIn the Islamic world, personal status laws concerned with marriage, divorce, child custody, and other issues pertaining to family, stem from the Islamic Shari'ah while other forms of law, lilie criminal or commercial codes, are imported...
The International Protection of Cultural Property: Some Skeptical Observations
I. INTRODUCTIONCultural property refers to property that has some special relationship with a particular culture or nation state. Cultural property includes objects found at archeological sites, which provide insight into earlier civilizations, and artworks...
The Principles for Cooperation in the Mutual Protection and Transfer of Cultural Material
I. INTRODUCTIONThe Principles for Cooperation in the Mutual Protection and Transfer of Cultural Material ("Principles")1 provide a substantive framework for helping to avoid and to resolve disputes arising out of requests for the transfer of cultural...
The Unique and International and the Imperative of Discourse
I. BETWEEN INTERNATIONALISM AND PARTICULARISMWhen we consider the dynamics between international law and the paradigms of cultural and moral uniqueness or particularity, we ought to think about two distinct aspects of this relationship or dynamic. On...
Torture and Islamic Law
One day in the seventh century CE, Muslim sources tell us, some residents of KiIa, a region in what is today southern Lebanon, came to suspect a group of weavers of theft. They took the weavers to one of the Prophet Muhammad's "Companions"-a select and...