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Topic Suggestions

The following are some issues of particular interest in my own research on International Courts, which you may wish to consider as paper topics for the course.  The list starts with more general, foundational topics and continues with more topical offerings.  In addition, any paper that analyzes in detail any one of our course themes would be a compelling topic for this course. Another strategy is to peruse the hot topics of the day at Opinio Juris.

General - International Courts, Function and Administration

• Compliance with ICJ decisions 1980 to present. Have states complied with judgments? What are the current trends re: non-appearance, non-participation and non-performance?
• The effectiveness of interim measures.
• Detailed legal analysis of any pending ICJ case and/or critiques of published ICJ decisions. Same for cases before other international courts. (i.e., a case note).
• Proposals for creation of new international courts of special jurisdiction (e.g. human rights, cultural property, environment, etc.): why a new court is needed; how the new court should be structured; authority of the new court; applicable law; etc.
• Prospects (and proposals) for prosecution of war crimes in Koslovo, Timor, Darfur, or elsewhere.
• Contributions of Former Yugoslavia/Rwanda Court to the body of customary International Law.
• Compilation of state practice regarding persistent objection to emerging norms of customary law.
• Contributions of the U.S.-Iran Arbitral Tribunal to the development of customary international law.
• Fact-finding by international courts (methods and effectiveness)
• International Laws of Evidence? (What evidentiary burdens and proof of facts standards do International Courts apply, and what is their status in international law?
• The future of the International Court of Justice
• The Practice of the International Criminal Court (assess some specific aspect of the ICC -- its prosecutorial function, its evidentiary standards and procedures, what it is going to do with convicted criminals, etc.)
• Potential conflicts between the Roles and Jurisdiction of the ICC and the ICJ (or other international courts).
• The legislative function of the ICC and its implications for customary law binding on non-state parties
• How Universal is "Universal" Jurisdiction: An assessment of the New Universal Jurisdiction.
• Developments in Universal Jurisdiction Post Pinochet/Habre/Bush
• Public International Tribunals:  History and Practice
• The Role of International Regulatory Regimes in International Law
• The Fragmentation of Public International Law (implications of its growth and diversification) (Lex Specialis, Lex Posterior)
• UN Reform and Implications for International Law
• The proliferation of Int'l Courts:  financing, access, legal and/or procedural issues.
• Globalization of the Legal Profession

International Conflict, Terrorism and Law

• Prosecuting Pinochet/Milosevic/Hussein: Implications for International Law and the International Legal System
• Iraqi Special Tribunal to Try Crimes Against Humanity (assessment of the new court, its statute, operations and implications for int'l law).
• U.S. Refusal to Join the International Criminal Court: Political and Legal Implications
• The International Criminal Court and Peace-Keeping
• Prosecution of War Crimes in Afghanistan and/or Iraq
• U.S. Military Commissions and International Minimum Standards for Due Process
• Does Involuntary Injection of True Enhancing Drugs Constitute Torture
• U.S. Military Commissions and International Due Process Standards
• The Role of Int'l Law in the War on Terror
• Right of Self Defense Against Terrorist Acts (relevance of UN Charter, Art. 51)
• Use of the High Seas and Common Heritage Areas as Forward Basing Areas for National Military Operations
• Strengthening the Int'l Legal Regime for Non-Proliferation of Weapons of Mass Destruction.
• Prosecution of Somalia Pirates

Human  Rights and State Reponsibility

• The relevance of the Law of State Responsibility in light of developments in International Human Rights law.
• Privacy Rights in International Law
• Assessing the Role and Effectiveness of the Int'l Commission of Jurists

Intl Law in Domestic/Municipal Legal Systems

• The role of domestic courts (U.S. or other court systems) in interpreting and applying international law would be of interest. This could encompass a variety of topics: judicial attitudes toward Int'l Law, problems of interpretation and bad precedents, training of domestic judges in international law, etc.
• U.S. law related to the dissolution of treaties -- i.e. can the President tear up a treaty (e.g., ABM Treaty) without congressional consent, and does it still have International force if Congress does not act?
• Resolution of International Disputes regarding enforcement of national intellectual property laws (e.g. DMCA, Napster, etc.)
• Efforts to Abolish or Limit the Alien Tort Claims Act and Implications for U.S. Support for International Law

Int'l Economic Law and Policy

• Critiques/assessments of the emerging juridical practice of the World Trade Organization, GATT, NAFTA and other regional/international trade agreements.
• Liability of Corporations for Human Rights Violations Related to Development Projects (e.g. Unocal and Myanmar)
• Economic Globalism and the Implications for International Law
• National immigration/guestworker laws as barriers to trade in services
• Int'l legal implications of CAFTA.

Regional Issues

• Trends in newly emerging states concerning International Law and International Courts.
• Should Latin America follow the European lead and merge the Inter-American Commission and Inter-American Court on Human Rights?
• The Role of International Law in Resolving Israeli-Palestinian territorial disputes
• The Role of International Law in Reconciling China and Taiwan
• Progress Report on The Creation of the African Court of Justice

Int'l Law and the Environment

• The International Legal Implications of Global Climate Change
• International Law and Tropical Forests

International Law and Technology

• Google and China
• International Law, Privacy and Facebook
• International Regulation of Nanoproducts
• Cybsecurity
• Cyberwar (Need for an International Convention?)
• Int'l Legal Regimes to Combat Internet Hacking/Cybercrime
• Int'l Legal Implications of the Space Elevator
• Development of International Law Concerning Cloning

Work of the Sixth Committee (Legal) and the International Law Commission

• Criminal Accountability of UN Officials and Experts
• State Responsibility for the Expulsion of Aliens
• Protection of Persons in the Event of Disasters
• Most-Favored National Clause in Int'l Investment Agreements
• The Effect of Treaties Over Time

Other New or Emerging Issues

• Int'l Legal Implications of the Freedom Ship (Floating Cities)
• International Liability for Hazardous Activities

Comparative Law

• Pick any topic of domestic law not governed by international treaty (e.g. torts, estates, adoption rights, etc.), and do a comparative study of the laws of selected countries.

I will add to this list as new topics come to mind. I'm also glad to discuss and provide feedback on topic proposals. You can contact me by email at brant@erols.com.