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University of Baltimore School of Law Journal of International Law Vol CONFLICTS WITHIN INTERNATIONAL LAW UNIVERSITY OF BALTIMORE SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW VOL. II 2013-2014 The University of Baltimore Journal of International Law is managed by law students of the University of Baltimore School of Law. Copyright © 2013-2014 University of Baltimore Journal of International Law. All rights reserved. The journal welcomes submissions from any authors not currently enrolled in law school. Manuscripts should adhere to The Bluebook, A Uniform System of Citations (19th ed.) and The Texas Law Review Manual on Usage & Style (11th ed.). All manuscripts may be submitted to [email protected]. Please address all correspondence to: The University of Baltimore Journal of International Law University of Baltimore School of Law 1420 North Charles Street Baltimore, Maryland 21201 For questions or concerns, contact the journal at [email protected]. EDITORIAL BOARD Editor in Chief Alicia Watson Managing Editor Jillian Bokey Executive Editor Caroline Dewey Submissions Editor Honiyeh Sarpand Production Editor Robert Demirji Publications Editor Miranda Russell Articles Editor Erin Creech Comments Editor Kim Turco Business Editors Paulene Ricci (Fall) James Lilly (Spring) ASSOCIATE EDITORS Amanda Bentley-Hibbert Navneet Pal Adam Cornelius (Fall) Justin Tepe Megan Livas Christina Uliano SENIOR STAFF EDITORS Samantha Richmond Lauren Taylor Anna Tijerina STAFF EDITORS Anne Adoryan (Fall) Andres Meraz Maria del Pilar Zegarra Christian Noble Susan Goebel Nicole Rush Ashley Jones Clark Smith Julianne Kelly Lindsay Stallings Natalie Krajinovic Erienne Sutherell Shawn Lopez Zachary Trotta (fall) Annielle Makon Nora Truscello FACULTY ADVISOR Professor Mortimer Sellers Dear Reader: Welcome to the Fall/Spring 2014 edition of the University of Baltimore Journal of International Law. Our second volume continues to build on our rich history of dedication to and development of an increasingly stronger international law community. The superior works published in this edition reflect the Journal’s ongoing expansion and increasing ability to bridge together our community with an exceptional global network of talented lawyers, professors, and practitioners. This year, we are honored to publish remarks from Judge Patricia Wald, the first woman appointed to the U.S. Circuit Court of Appeals for the District of Columbia who served as Chief Judge and later served on the International Criminal Tribunal in The Hague. In addition, we are privileged to publish in this volume articles from M. Patrick Yingling, law clerk to the Honorable D. Michael Fisher in the U.S. Court of Appeals for the Third Circuit and Mr. Mohamed A. ‘Arafa, adjunct Professor of Islamic Law at Indiana University Robert H. McKinney School of Law and Assistant Professor of Criminal Law and Criminal Justice Systems at Alexandria University Faculty of Law, Mr. Joshua Root, Lieutenant J.G. in the U.S. Navy, JAG Corps, and Ms. Amanda Webster, Esq. at Saul Ewing, LLP in Baltimore, Maryland. Additionally, the Editorial Board selected to include works by Ms. Maria Surdokas, an international law writing competition winner and University of Baltimore Center for International and Comparative Law (CICL) Student Fellow, Mr. Robert Demirji, Production Editor and CICL Student Fellow, and Mr. Clark Smith, Staff Editor. In addition, the Journal would like to celebrate the successful launch of our First Annual Journal of International Law Symposium and thank our exceptional panel of speakers. We were privileged to welcome a diverse panel including Col. Kelly Alexander a retired commanding officer from Joint Special Operations Task Force–Trans Sahara, U.S. Marine Corps, Mr. Iain Guest, executive director to The Advocacy Project, Mr. David Mandel-Anthony, senior policy adviser with the U.S. Department of State, Office of Global Criminal Justice (speaking on this panel in a personal capacity, and not on behalf of the U.S. Department of State) and Mr. Jon Temin, director of Africa programs of the United States Institute of Peace. Although a serious topic, mass atrocities in sub-Saharan Africa, the symposium successfully discussed and debated various aspects of transitional justice and accountability for mass atrocities in sub-Saharan Africa from an international law and public policy perspective. Continuing forward, this volume serves to reinforce a simple principle of law: the law is alive and it binds us together. Often masked by long forgotten Latin phrases and buried deep within casebooks, the law is designed to bring people together in justice and is capable of growing and developing with them. Ranging from campaign finance reform and democracy in Egypt to the United States’ compliance with international labor law treaties, each article in this edition reflects a variety of subject matters woven together by international law and inseparable from the people they touch. Regardless of the topic, the observations, analysis, and recommendations presented in this volume will carry you across borders, develop new insights and build a stronger bridge between yourself, international law, and the world. As we take this journey together, I would like to thank those who served on the Journal’s staff and its Editorial Board for providing the support, commitment, and dedication that enables us to produce consistently excellent work for our readers. In addition, I would like to thank our advisor, Professor Mortimer Sellers, for his incredible guidance, faith, and mentorship. Also, on behalf of the Journal, I extend our greatest thanks to Dean Ronald Weich and the University of Baltimore School of Law for recognizing and encouraging the talent embodied in the University of Baltimore International Law students, faculty, and staff and for continuing to support this remarkable group. Finally, thank you, the reader, for your support and we hope you enjoy our second volume as much, if not more, than the first. Sincerely, Alicia M. Watson Editor-In-Chief University of Baltimore Journal of International Law Volume II – 2013-14 TABLE OF CONTENTS REMARKS Myths About Women’s Careers in Law........................................ 1 Patricia M. Wald ARTICLES After the Revolution: Egypt’s Changing Forms of Corruption .................................... 23 M. Patrick Yingling and Mohamed A. ‘Arafa First Do No Harm: Interpreting the Crime of Aggression to Exclude Humanitarian Intervention........................................... 63 Joshua L. Root International Law for American Courts: Why the “American Laws for American Courts” Movement is a Violation of the United States Constitution and Universal Human Rights .............................. 103 Maria Surdokas The Collective Bargaining Chips are Down: How Wisconsin’s Collective Bargaining Restrictions Place the U.S. in Violation of International Labor Laws ........ 127 Amanda Webster COMMENTS Stuck Between a Rock and a Hard Place: Does Lebanon Have a Responsibility to Respect Syrian Refugees? ........................................................ 159 Robert Demirji At the Intersection of National Interests and International Law: Why American Interests Should Assume The Right of Way ...................................................................... 191 Clark Smith Journal of International Law MYTHS ABOUT WOMEN’S CAREERS IN LAW PATRICIA M. WALD Abstract: Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women judges decide cases differently, weathering the inevitable setbacks and disappointments that show up in most legal careers and some modest advice on priorities in life and the law. Author: Hon. Patricia M. Wald was the Chief Judge U.S. Court of Appeals (D.C. Circuit) (ret) and also served as a Justice for the International Criminal Tribunal for the former Yugoslavia (1999-2001). 1 Journal of International Law I feel privileged to talk to this group of women lawyers and women law students who are embarking upon a career that I still consider to be one of the most satisfying ones I know, despite all the recent talk about decreasing law school enrollments and difficulties in navigating the job market. One of its most attractive aspects is the infinite variety of places (not just geographical) it can take you and its adaptability to the many different life styles and situations in which women especially, though not exclusively, may find themselves over a life span. My own legal journey went from law clerk, to private practice, to fulltime wife and mother, to part-time government lawyer, public policy writer, legal services lawyer, public interest lawyer, Department of Justice legislative liaison, federal appellate judge, international war crimes tribunal justice, NGO board member, Weapons of Mass Destruction investigator, law professor, pro bono adviser to a major law firm, and currently part-time privacy and civil liberties oversight Board member for counterterrorism programs. As one of my critics wryly observed, not entirely as a compliment, I have had a spotty
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