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Articles 1 - 30 of 1143
Full-Text Articles in Entire DC Network
Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford
Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford
Scholarly Works
Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.
The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter
The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Georgia Law Review
In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …
A Guide To Mireille Delmas-Marty's “Compass”, Diane Marie Amann
A Guide To Mireille Delmas-Marty's “Compass”, Diane Marie Amann
Scholarly Works
This essay appears as the Afterword (pp. 55-64) to a volume featuring an important work by the late Mireille Delmas-Marty (1941-2022) titled A Compass of Possibilities: Global Governance and Legal Humanism. A Collège de France de Paris law professor and one of the pre-eminent legal thinkers of her generation, Delmas-Marty and the essay’s author were longtime colleagues and collaborators. The volume contains an English translation of a 2011 lecture by Delmas-Marty, originally titled “Une boussole des possibles: Gouvernance mondiale et humanismes juridiques.” Amann’s essay surveys that writing, in a manner designed to acquaint non-francophone lawyers and academics with Delmas-Marty’s …
Strengthening Labor Rights In Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Strengthening Labor Rights In Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Scholarly Works
This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policymakers were in favor of its implementation. Since that time, the United States Administration changed and the United States withdrew from participation in the TPP. While unfortunate, the Administration’s political decision to withdraw from the TPP does not come as a surprise; an examination of the negotiating history of those provisions illuminates a stark political divide within the United States, even prior to the change in …
A Worker-Centered Trade Policy, Desiree Leclercq
A Worker-Centered Trade Policy, Desiree Leclercq
Scholarly Works
What is a “worker-centered” trade policy? The Biden administration claims that it means protecting all workers—foreign and American—from exploitative working conditions in trade sectors. The administration’s vigorous enforcement of international labor rights suggests a significant departure from previous U.S. trade priorities centered on domestic interests. For economic and humanitarian reasons, various policymakers and scholars celebrate these developments. They optimistically assume that the administration’s new trade policy will influence foreign governments and facilities to comply with international labor rights in trade if the costs of noncompliance outweigh the benefits. They also assume that the policy will influence compliance with strong labor …
Privatizing International Governance, Melissa J. Durkee
Privatizing International Governance, Melissa J. Durkee
Scholarly Works
The theme of this panel is “Privatizing International Governance.” As the opening vignettes should make clear, public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan's launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, …
The Pledging World Order, Melissa J. Durkee
The Pledging World Order, Melissa J. Durkee
Scholarly Works
There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …
Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee
Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee
Scholarly Works
At a time when many international organizations are focusing on bringing companies on board as partners for important goals like climate mitigation and adaptation, but even shareholders of major multinational companies are seeking to discipline pernicious lobbying by trade associations, it is important to evaluate how to maximize the benefit and restrain the harms of business participation in international governance. This article offers a brief history of engagement between international organizations and industry and trade associations, reviews arguments for embracing or restraining the participation of those groups, and develops a five-part framework for regulations to govern their access.
"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies
"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies
Georgia Journal of International & Comparative Law
No abstract provided.
Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee
Georgia Journal of International & Comparative Law
No abstract provided.
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham
Georgia Journal of International & Comparative Law
No abstract provided.
More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne
More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne
Georgia Journal of International & Comparative Law
No abstract provided.
Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough
Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough
Georgia Journal of International & Comparative Law
This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have …
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke
Georgia Journal of International & Comparative Law
No abstract provided.
Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans
Georgia Journal of International & Comparative Law
No abstract provided.
The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi
The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi
Georgia Journal of International & Comparative Law
No abstract provided.
The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson
The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson
Georgia Journal of International & Comparative Law
No abstract provided.
Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple
Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple
Georgia Journal of International & Comparative Law
No abstract provided.
Unrest In Belarus: The Legal Perspectives For Russian Integration And The Potential Western Response, Trevor Eck
Unrest In Belarus: The Legal Perspectives For Russian Integration And The Potential Western Response, Trevor Eck
Georgia Journal of International & Comparative Law
No abstract provided.
Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis
Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis
Georgia Journal of International & Comparative Law
In this paper, we analyze the intersections of legal and political dispute resolution methods in Arctic territorial disputes involving Russia and several Western governments, including Canada and the United States. There are two current disputes. The first dispute concentrates on the Lomonosov Ridge, a geological feature that runs near the North Pole and has been used by three states to claim the North Pole as part of their continental shelf. The second dispute deals with the legal status of the Northern Sea Route. Our paper evaluates the tradeoffs between the legal and political constraints in these disputes between Russia and …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
Scholarly Works
The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Invisible Workers, Desiree Leclercq
Invisible Workers, Desiree Leclercq
Scholarly Works
In the parable, The Emperor Has No Clothes, an emperor walks naked through a public procession, assured by his own pride and vain advisors that he was wearing a magnificent robe visible only to the smart and worthy. Like the emperor, governments imagine that they have cloaked international economic law in a new “worker-centered” trade policy. This essay explains how their efforts have merely exposed the deficits in international economic law. They have failed to account for asymmetries between capital and labor and hierarchies between sectors of workers. They also exclude the voices of the world's most vulnerable workers—particularly those …
Outsourcing Enforcement, Desiree Leclercq
Outsourcing Enforcement, Desiree Leclercq
Scholarly Works
International organizations often outsource the enforcement of international law to their member states. The International Labor Organization (ILO), for instance, has neither its own adjudicative body nor an internal system of sanctions. Instead, the ILO’s maritime rules authorize states to impose costly retributive measures against noncompliant states. Conventional scholars are optimistic that these kinds of authorizations will strengthen otherwise toothless international law. During the COVID-19 pandemic, however, states neither followed nor enforced the ILO’s rules, harming hundreds of thousands of seafarers in the process.
Where has international law gone wrong? Challenging the conventional view, this Article unearths the state-centric drawbacks …
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee
Scholarly Works
The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.
The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …
Why Conflict Between Economic Development And International Social Rights Governance Is Inevitable, Desiree Leclercq
Why Conflict Between Economic Development And International Social Rights Governance Is Inevitable, Desiree Leclercq
Scholarly Works
International organizations mandated to govern social rights are colliding with international organizations mandated to govern economic development. While disagreeing with the nature of fragmentation and conflict across international organizations, legal and social science scholars offer various proposals to unify global governance. Those proposals assume that unification will come naturally. That assumption is wrong.
The distinct legal instruments that govern and control international organizations render conflict inevitable and unification improbable. By closely examining the pandemic-related activities carried out by the International Labor Organization, the World Bank, and the International Monetary Fund in the same 41 countries, the implications of that conflict …
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
Scholarly Works
I was invited to a symposium on Anne Orford’s book, International Law and the Politics of History. On my way there, my mind wandered, and I found myself lost in a forest of half-remembered stories and unfinished thoughts. Searching for a way out, this is what I discovered.
Metaphors Of International Law, Harlan G. Cohen
Metaphors Of International Law, Harlan G. Cohen
Scholarly Works
This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.
International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …
Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld
Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld
Georgia Journal of International & Comparative Law
No abstract provided.
Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe
Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe
Georgia Journal of International & Comparative Law
No abstract provided.
Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin
Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin
Georgia Journal of International & Comparative Law
No abstract provided.