Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 9, No. 1, Summer

Breaking the Ice: Emerging Legal Issues in Arctic Sovereignty
In August 2007, Russia garnered international attention by sending two mini-submarines to plant a Russian flag in the deep seabed near the North Pole.1 The gesture symbolized Russia's interest in the Arctic,2 though many commentators have dismissed the...
Cyberwar and Customary International Law: The Potential of a "Bottom-Up" Approach to an International Law of Information Operations
I. INTRODUCTIONAfter Estonia relocated a Soviet World War II memorial in late April 2007, the country fell prey to a series of distributed attacks which suddenly jammed and disabled various websites by overcrowding the bandwidths for the servers running...
Equality of States-Its Meaning in a Constitutionalized Global Order
I. INTRODUCTIONIn the discourse on international relations, we routinely differentiate between various categories of states and label them according to certain criteria that we consider relevant for our understanding of the dynamics of international...
Islamic Law in Iran: Can It Protect the International Legal Right of Freedom of Religion and Belief?
[Differences among civilizations are not only real; they are basic. Civilizations are differentiated from each other by history, language, culture, tradition and, most important, religion. The people of different civilizations have different views on...
Making the State Do Justice: Transnational Prosecutions and International Support for Criminal Investigations in Post-Armed Conflict Guatemala
In November 2006, a local trial court in Guatemala's capital ordered the arrest of the country's ex-President, Oscar Mejía Víctores, along with ex-Defense Minister Aníbal Guevara, ex-Police Chief Germán Chupina, and ex-head of the Secret Police Pedro...
Post-Conflict Administrations as Democracy-Building Instruments
The period that stretches from the end of the Cold War until today has weathered the emergence of a large number of new states. With each addition, the international community has striven to regulate statehood and rein in its most erratic and unpredictable...
Prelude to Compatibility between Human Rights and Intellectual Property
I. INTRODUCTIONI am moved by fancies that are curledAround these images, and cling:The notion of some infinitely gentleInfinitely suffering thing.1The goals of advocates for human rights and intellectual property rights are not incompatible, and in fact...
Professional Military Firms under International Law
I. INTRODUCTIONOn July 18, 2006, four employees of Triple Canopy, an American securityprovision contract firm, embarked on the dangerous convoy route in downtown Baghdad colloquially known as "Route Irish." Their assignment was to escort an employee...
Restructuring the Courts: In Search of Basic Principles for the Judiciary of Post-War Bosnia and Herzegovina
I. INTRODUCTIONWhile judicial reform projects are underway in many countries, particularly in the developing world, it is unusual for the reform efforts to include a complete restructuring of a court system which redefines the number, size, and location...
Restructuring the Court System: Report and Proposal***
15 August 2002TABLE OF CONTENTS1 INTRODUCTION.....................................................................................................................1282 CURRENT COURT STRUCTURE...........................................................................................
Safeguarding the Rights of Sexual Minorities: The Incremental and Legal Approaches to Enforcing International Human Rights Obligations
I. INTRODUCTIONThe stark contrast between the aspirational, lofty language of international human rights treaties and the domestic laws of their signatories-not to mention official statements made by those signatory nations' leaders-is truly astounding....
State-Building in a Post-Colonial Society: The Case of Solomon Islands
I. INTRODUCTIONDespite growing levels of conflict and instability in parts of the southwest Pacific, Australia has, until recently, been reluctant to intervene in the affairs of neighboring states. As the dominant metropolitan power in the region, a...
The UN Declaration on the Rights of Indigenous Peoples: A Flexible Approach to Addressing the Unique Needs of Varying Populations
I. INTRODUCTIONIn September of 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples ("Declaration").1 The Declaration presents a comprehensive list of rights, unique to indigenous populations, which have...
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