Public International Law

I benefited greatly from feedback on this paper at the University of Edmonton, Faculty of Law, the St. John’s International Law Workshop, and the William and Mary International Law Workshop. I would like to acknowledge very helpful comments by Chris Borgen, Danny Bradlow, Joanna Harrington, Peggy McGuiness, André Nollkaemper, Alice Ristroph, Annika Rudman, Brian Sheppard, Pierre Hughes Verdier, James Stewart, and the Seton Hall Law School faculty. Thanks to Amy Cuzzolino, Marissa Mastroianni, and Frank Ricigliani for their research assistance, and to Maja Basioli from the Seton Hall Law Library for her help.

The author of this student Comment is a ciswoman and welcomes critiques and comments she may not have investigated. She would also like to thank the CJIL staff, Professor Abebe, and Professor Citro for their perceptive feedback and suggestions.

Thanks to Jørn Jacobsen, Michael Kramer, Susan Rose-Ackerman and Catherine Sunshine for their discussion and comments. This paper is a result of research funded by the Norwegian Research Council and the Bergen Research Foundation.

Thanks to Joanna Langille, Ryan Liss, André Nollkaemper, Philip Alston, Alison Cole, William Burke-White, Sarah Lulo and participants in the Salzburg Cutler Law Fellows Program at the U.S. Institute of Peace, Washington D.C., 20–21 February 2015. Considerable thanks should also go to the staff of the Journal for their helpful comments and editorial assistance.

Special thanks go to my staff advisor Samantha Berkovits, my faculty advisor John Rappaport, and the rest of the CJIL staff.

J.D. Candidate, 2017, The University of Chicago Law School. I would like to thank Professor Flores and the editors of the Chicago Journal of International Law for their assistance and helpful suggestions.

Thanks are owed to Prof. Tom Ginsburg, Kevin Oliver, Elizabeth Muirhead, Katie Bass, and Hannah Loo for their careful reading and helpful commentary. 

Professor Yamin is a Lecturer on Law and Global Health, Director JD MPH Program, and Policy Director, FXB Center for Health and Human Rights, Harvard University; and 2015–16 Marsha Lilien Gladstein Visiting Professor of Human Rights, University of Connecticut. Professor Yamin currently serves as: a Commissioner on the Lancet-O’Neill Institute Commission on Global Health and the Law; the UN High-Level Commission on Health Employment and Economic Growth’s Expert Group and the Independent Accountability Panel for the UN Secretary’s General’s Global Strategy for Women’s, Children’s, and Adolescents’ Health. Previously, she served on the WHO Task Forces on 'Making Fair Choices Toward UHC,' and ‘Evidence of Impacts of Human Rights-Based Approaches to Women's and Children's Health,’ as well as the Oversight Committee of Kenya’s Constitutional Implementation Commission’s work on the right to health, and as an Independent Expert to the Colombian Constitutional Court on the Implementation of its 2008 T-760/08 decision restructuring the health system. She regularly leads judicial colloquia and strategic litigation courses for practitioners, advises on specific cases, submits amicus curiae petitions and participates in expert consultations relating to the application of international and constitutional law to health issues. Professor Duger is an adjunct lecturer on international human rights law at Northeastern University School of Law and on a human rights-based approach to development in the Sustainable International Development Program at Brandeis University. She is a former Research Associate at the FXB Center for Health and Human Rights at Harvard University.

The author would like to thank Benjamin B. Ferencz for his comments and feedback in writing this article. His inspiring and unwavering sense of justice toward ending aggressive war is second to none. The author would also like to thank Professors Carolyn Patty Blum, Gabor Rona, Deborah Pearlstein, Eda Katherine Tinto, Binny Miller, and Warren Binford, as well as Federica D’Alessandra and the NYU Writer’s Workshop participants for their invaluable comments on earlier drafts. Additionally, the author thanks the CJIL student editors for their thoughtful and excellent editing.