Digital Commons Network^™

Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone

American University International Law Review

No abstract provided.

A Monopoly As Vast As The Amazon: How Amazon’S Proprietary Data Collection Is A Violation Of The Treaty On The Functioning Of The European Union, Alexis Adams

American University International Law Review

No abstract provided.

No Child Should Feel Left Behind: The Illegality Of Orphanage Voluntourism Under Article 19 Of The United Nations Convention Of The Rights Of A Child, Lily Baron

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Heal Pandemic [Sierra Leone], Charles C. Jalloh

American University International Law Review

INTRODUCTION

I would like to begin by acknowledging the American University Washington College of Law and all its partners for organizing this timely symposium on “Pandemics and International Law: The Need for International Action.” 1 The theme of this symposium is rather broad and, as we have heard already, there is much that can be said about it from various international law perspectives. I will not attempt to do that. Instead, I wish to offer brief comments on one question given the time restrictions for my remarks and this panel. I will focus specifically on the topic I was assigned. …

The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Rise Of Illiberal Democracy, Weakening Of The Rule Of Law, & Implementation Of Human Rights In The Philippines, Gemmo Bautista Fernandez

American University International Law Review

No abstract provided.

Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee

American University International Law Review

No abstract provided.

The Promise Of International Law: A Third World View, James Thuo Gathii

American University International Law Review

No abstract provided.

Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner

American University International Law Review

No abstract provided.

Fracking The Bedrock Of Democracy: The United States Policing Of Protests Violates The Right Of Peaceful Assembly Under The Iccpr, Olivia Moulds

American University International Law Review

No abstract provided.

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller

Articles in Law Reviews & Other Academic Journals

Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …

Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of Khmer …

Empowering American Victims Of International Organized Crime: Proposing An Amendment To Clarify Rico's Extraterritorial Application, Lisa Lindhorst

Legislation and Policy Brief

No abstract provided.

The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess

Sustainable Development Law & Policy

No abstract provided.

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Nicole Waxman, Elizabeth Platt

Sustainable Development Law & Policy

No abstract provided.

Raised On Promises: How The Sustainability Goals Of The Urban Housing And Development Act Of The Philippines Fall Short, Alexandra Nolan

Sustainable Development Law & Policy

No abstract provided.

The Emergence Of Right-Based Approaches To Resource Governance In Africa: False Start Or New Dawn?, Damilola S. Olawuyi

Sustainable Development Law & Policy

No abstract provided.

Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson

American University Business Law Review

The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …

The Tokyo Tribunal’S Legal Origins And Contributions To International Jurisprudence As Illustrated By Its Treatment Of Sexual Violence, Diane Orentlicher

Contributions to Books

No abstract provided.

Prologue, Claudio Grossman, Robert Goldman

American University International Law Review

No abstract provided.

Enchanted By The Tools? An Enlightenment Perspective, Martti Koskenniemi

American University International Law Review

No abstract provided.

Global Legal Constraints: How The International System Fails Small-Scale Farmers And Agricultural Biodiversity, Harming Human And Planetary Health, And What To Do About It, Susan H. Bragdon

American University International Law Review

No abstract provided.

Slaying The Leviathan: How Inconsistent Restrictions On State Immunity Undermine The Rule Of Law, Bailey Roe

American University International Law Review

No abstract provided.

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams

Articles in Law Reviews & Other Academic Journals

On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …

Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal

Contributions to Books

Provides a framework to better understand Global Legal Pluralism and the current international state of law.

Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.

Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.

Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

Despite persistent impunity for conflict-related sexual violence, there have been a limited number of significant cases holding perpetrators accountable within national justice systems. One of these cases is the Sepur Zarco case, in which two former military members were accused of committing acts of sexual violence, sexual slavery and domestic slavery near a military outpost in Sepur Zarco during the civil war in Guatemala. In a landmark verdict issued in February 2016, a Guatemalan court convicted the two accused, marking the first time a Guatemalan court has convicted former military members for acts of sexual violence committed in the context …