Volume III, Issue I

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Volume III, Issue I
The entire volume is available on PDF here.


Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law
Dan E. Stigall

ECOWAS’s Right to Intervene in Côte d’Ivoire to Install Alassane Ouattara as President-Elect
Julie Dubé Gagnon

Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri D.K. Basu v. State of West Bengal
Sam F. Halabi

Conscientious Objection of Health Care Providers: Lessons from the Experience of the United States
Soledad Bertelsen


International Law for Humankind: Towards a New Jus Gentium – Book Review

Reviewed by Dr. Johannes van Aggelen

The book under review is an updated version of Antônio Cançado Trindade’s General Course on Public International Law, which the author delivered at the Hague Academy of International Law in 2005. It follows the structure of the general course divided into eight parts, with an important addition in Chapter 27 on the “United Nations and the Rule of Law at National and International Levels” before his conclusions on “Codification and Progressive Development of a Universal International Law.”

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Conscientious Objection of Health Care Providers: Lessons from the Experience of the United States

Soledad Bertelsen

In recent years, legislation and regulations in different countries of the
world have raised questions about the conscientious objection of health care
providers. In Spain, the Sexual and Reproductive Health and Voluntary
Interruption of Pregnancy Act of 2010 (Sexual and Reproductive Health Act)
recognizes the right to conscientious objection of professionals directly
involved in the termination of pregnancy but also expands the possibility to
perform abortions in relation to previous legislation. The application of the
conscientious objection clause, however, leaves multiple questions open, and
both the administration and the judiciary have reached different conclusions in
its interpretation.

The discussion about distribution of powers regarding conscientious
objection is also present in the United States. In 2008, the Department of
Health and Human Services (HHS) issued rules interpreting the Federal Health
Care Provider Conscience Protection Statutes. The HHS modified the rules in
2011, alleging that many of these norms were unnecessary because the federal
statutes already included enforcement mechanisms. Another example of an
unresolved question concerning conscientious objection is present in the
controversy created around the religious exemptions of the HHS mandate
under the Affordable Health Care Act…


Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri D.K. Basu v. State of West Bengal

Sam F. Halabi

The discipline of comparative constitutional law today is focused in significant part on the study of how and why judges use foreign precedent. Scholars debate the propriety of using foreign precedent as “authority,” circumstances under which such use is consistent with democracy (or a product of democratization), and which constitutional traditions may derive the greatest benefit from comparison. While comparative law theorists have long reflected on, and struggled with, a standard disciplinary vocabulary to describe what judges do when they engage in “comparative constitutional law,” the existing scholarship generally distributes judges’ use of foreign precedent into one of three modes of comparative adjudication. First, courts use foreign precedent to identify “universal” principles of law applicable across jurisdictions.  Second, courts sharpen understanding of domestic law through contrasting foreign judgments.  Third, courts use foreign authority to identify, then choose, constitutionally permissible options to solve jurisprudential or policy problems. These theories have a methodological approach in common:  scholars analyze the treatment given certain foreign decisions and sort the cases into one category or another…


Editor-in-Chief Volume IV

The Notre Dame Journal of International and Comparative Law is proud to announce that the new editor-in-chief for Volume IV will be Alyssa Shaughnessy.

The Journal looks forward to continued success under her leadership.

Congratulations Aly!

ECOWAS’s Right to Intervene in Côte D’Ivoire to Install Alassane Ouattara as President-Elect

Julie Dubé Gagnon

On January 6, 2011, President-elect Alassane Ouattara of Côte d’Ivoire requested the Economic Community of West African States (ECOWAS) to intervene in order to remove incumbent Laurent Gbagbo, who refused to leave power following the democratic presidential elections of November 2010.  In December 2010, ECOWAS gave a final ultimatum to Laurent Gbagbo to comply with its request on ceding his throne.  Otherwise, ECOWAS warned, it would be compelled to use legitimate force to serve the demands of the Ivorian people.  This Article ascertains the illegality of a military intervention for pro-democratic motives in light of the current post-election crisis in Côte d’Ivoire.  ECOWAS could not have lawfully intervened in Côte d’Ivoire in order to install Alassane Ouattara because such use of military force contravenes the U.N. Charter, and permitting such derogation would destabilize international peace and security.

Globalization and Race – Spring 2013 Symposium


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“Globalization and Race” will elucidate the legal and political connections
between States and corporations and then focus on the remarkably diverse
domestic populations wedged between them.

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Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law

Dan E. Stigall

Driven by internationalization efforts such as those that accompanied
the global efforts to combat the illicit drug trade, international law enforcement
efforts by the United States have developed markedly over the past few
decades. Scholars note that “[p]olicing transnational crime has evolved from
a limited and ad hoc assortment of police actions and extradition agreements to
a highly intensive and regularized collection of law enforcement mechanisms
and institutions.” A notable element of this phenomenon has been the
increased need by domestic law enforcement agencies to conduct
extraterritorial law enforcement operations. This is especially so in areas of
the world where there is no governmental counterpart willing or able to take

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Volume II, Issue II

Volume II, Issue II
The entire volume is available on PDF here.


Islamic Legal Theory and the Context of Islamist Movements
Cynthia Shawamreh

Terrorism in Violation of the Law of Nations
Juliet Sorensen

Friend, Not Foe: The Role of Civil Society in Preventing Violent Extremism
David Cortright with Alistair Millar, Linda Gerber-Stellingwerf, George A. Lopez, Kristen Wall, Eliot Fackler, and Joshua Weaver

Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, and a Federal Court Nightmare from Here to Guantanamo
Thomas A. Durkin

Civil Liberties, Fear, and Terrorism
John Mueller and Mark G. Stewart

Adhering to Law and Values Against Terrorism
Mary Ellen O’Connell