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On The Exhaustion Of Local Remedies: Reconciling Sovereignty And Justice Before The European Court Of Human Rights, Alara Hanci
On The Exhaustion Of Local Remedies: Reconciling Sovereignty And Justice Before The European Court Of Human Rights, Alara Hanci
University of Pennsylvania Journal of International Law
Europe has a rule of law crisis. In the past decade, Turkey, Poland, and Hungary have undermined their democratic societies and compromised the independence of their institutions by affording unprecedented strength to their executive branch and imposing severe restrictions on the public sphere. As their illiberal policies spread, so does the frequency with which individuals adversely affected by these policies seek justice before the European Court of Human Rights. In these cases, Article 35(1) of the European Convention on Human Rights requires that they first exhaust the local remedies available in their national legal system.
Article 35(1) reflects the role …
Reassessing The Rule Of Law Legacy Of The Khmer Rouge Tribunal, Randle C. Defalco
Reassessing The Rule Of Law Legacy Of The Khmer Rouge Tribunal, Randle C. Defalco
University of Pennsylvania Journal of International Law
The focal point of transitional justice efforts in Cambodia have been recently-completed criminal prosecutions at the Extraordinary Chambers in the Courts of Cambodia (“ECCC”). Like other international criminal justice institutions, the ECCC has been framed as not only a criminal court, but also as an institution capable of helping achieve various transitional justice goals such as improving the rule of law and respect for human rights domestically in Cambodia. This Article identifies troubling connections between the ECCC experience and the Cambodian government’s increasing use of rule by law tactics in recent years. The Article identifies two related ways in which …
Regulating The Data Market: The Material Scope Of American Consumer Data Privacy Law, Bryce Clayton Newell, Nadezhda Purtova, Young Eun Moon, Hugh J. Paterson Iii
Regulating The Data Market: The Material Scope Of American Consumer Data Privacy Law, Bryce Clayton Newell, Nadezhda Purtova, Young Eun Moon, Hugh J. Paterson Iii
University of Pennsylvania Journal of International Law
This Article compares the material scope of several comprehensive consumer data privacy (or data protection) laws enacted recently in the United States, both with each other and with the European Union’s General Data Protection Regulation (“GDPR”). Our comparative analysis covers five broad state consumer data privacy laws enacted and in effect as of the end of 2023, specifically those adopted in California, Virginia, Colorado, Utah, and Connecticut. We contrast these against each other and the GDPR. We compare how each of these laws define and scope their subject matter (e.g., what constitutes “personal data”), how they define data subjects, what …
"Confucius" And America's Dangerous Myths About Chinese Law, Daniel Butler Friedman
"Confucius" And America's Dangerous Myths About Chinese Law, Daniel Butler Friedman
University of Pennsylvania Journal of International Law
American legal scholars can’t stop talking about Confucius: there were over 100 law review articles in 2022 alone that reference Confucian ideas, and nearly 1,500 during the last five years. Almost all of them are wrong about what Confucius has meant for Chinese legal culture. In the face of five decades of contrary historical scholarship, these law review articles argue or imply that Chinese law started to become “Confucian” about 2,000 years ago and has never really changed since. That continuity (or stagnation), these scholars claim, is one of the keys to understanding contemporary Chinese law. As this Article will …
The International Norm Against Unjust Enrichment And State Enrichment Through The Harmful Conduct Of Private Parties, Ariel Zemach
The International Norm Against Unjust Enrichment And State Enrichment Through The Harmful Conduct Of Private Parties, Ariel Zemach
University of Pennsylvania Journal of International Law
States are often enriched by the flow to their coffers of wealth accrued to private actors through internationally harmful conduct such as overfishing, acts causing transboundary air or marine pollution, cyber attacks, and international corruption. A portion of the wealth acquired by private actors through such conduct is often passed on to the State through its tax system. This article argues that this form of income to the State triggers the application of the international norm against unjust enrichment. Under the international law of unjust enrichment, such income could give rise to a duty of restitution owed by the enriched …
Relational Human Rights Responsibility, Joyce De Coninck
Relational Human Rights Responsibility, Joyce De Coninck
University of Pennsylvania Journal of International Law
When a private corporation cooperates with States as well as international organizations, and conduct stemming from this cooperation results in international human rights violations, who can be held legally responsible?
This Article dissects systemic deficiencies in the traditionally state-centric human rights regime and challenges its inadequacies when dealing with contemporary forms of transnational cooperative governance. Transnational cooperative governance refers to modes of cooperation in which States, and different non- State actors work together in addressing transnational concerns that cannot be adequately regulated by any one of these actors alone.
Using border management cooperation between HawkEye 360, the European Union, and …
Navigating A Human Rights Roadblock: Making The Case For The Women's Equality Act, Mostafa El-Harazi
Navigating A Human Rights Roadblock: Making The Case For The Women's Equality Act, Mostafa El-Harazi
University of Pennsylvania Journal of International Law
The fight to protect women’s rights is critical now more than ever. The World Bank has noted that women throughout the world “have only three quarters of the legal rights afforded to men.”1 On the domestic front in the United States, the battleground remains fraught with blows to the women’s rights movement, especially on the heels of the COVID-19 pandemic and the rollback of reproductive rights. Statements made by the Biden Administration in support of global women’s rights, for example, have been met with inadequate action on the legislative front; the most pertinent standstill has come from the fight over …
Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho
Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho
University of Pennsylvania Journal of International Law
No abstract provided.
War, Shelly Aviv Yeini
War, Shelly Aviv Yeini
University of Pennsylvania Journal of International Law
No abstract provided.
Lay Bare Its Hidden Frame: The Deprivation Of Foreign Isis Fighter's Citizenship In Denmark, The Netherlands, And The United Kingdom, Helena Von Nagy
Lay Bare Its Hidden Frame: The Deprivation Of Foreign Isis Fighter's Citizenship In Denmark, The Netherlands, And The United Kingdom, Helena Von Nagy
University of Pennsylvania Journal of International Law
With the rise of ISIS came the return of banishment. Ministers for security, immigration, or justice in many European countries now may revoke individuals’ citizenships based on the suspicion of their involvement with ISIS. Despite the universality of human rights, citizenship plays a fundamental role in international human rights law and protections. It is the key legal connection between the individual and the human rights system. Appropriately, that human rights law protects against the arbitrary deprivation of citizenship. However, those same treaties empower States with the option to remove individuals’ citizenship if they act in ways prejudicial to the interests …
Rethinking Ocean Exclusivity: The Case Of Human Rights, Naama Omri, Gershon Hasin
Rethinking Ocean Exclusivity: The Case Of Human Rights, Naama Omri, Gershon Hasin
University of Pennsylvania Journal of International Law
No abstract provided.
(Re)Constructing An International Crime: Interpreting Sexual Victimhood In The Rohingya Genocide And Beyond, David Eichert
(Re)Constructing An International Crime: Interpreting Sexual Victimhood In The Rohingya Genocide And Beyond, David Eichert
University of Pennsylvania Journal of International Law
This Article argues that legal actors use narratives of gendered violence to generate intelligible victimhood categories when investigating and prosecuting sexual harm. Building upon several critical legal traditions, I argue that lawyers working on issues of sexual violence are constantly engaged in a dual process of interpretation wherein they attempt to confirm (1) if a sexual crime has occurred, and (2) whether the crime is severe enough to deserve inclusion in justice efforts. Instead of understanding this process as a simple “investigation” into a pre-existing reality, I argue that legal actors constitute both the crime and the identities of the …
Are Chinese Courts Pro-Labor Or Pro-Employer?, Peter C.H. Chan
Are Chinese Courts Pro-Labor Or Pro-Employer?, Peter C.H. Chan
University of Pennsylvania Journal of International Law
No abstract provided.
Tort As Meta-Regulation: The Liability Of Private Transnational Regulators, Yotam Kaplan, Oren Perez
Tort As Meta-Regulation: The Liability Of Private Transnational Regulators, Yotam Kaplan, Oren Perez
University of Pennsylvania Journal of International Law
No abstract provided.
Distorted Digital Databases And The Construction Of Legal Knowledge, Ruth Halperin-Kaddari, Eyal Katvan, Bryna Bogoch
Distorted Digital Databases And The Construction Of Legal Knowledge, Ruth Halperin-Kaddari, Eyal Katvan, Bryna Bogoch
University of Pennsylvania Journal of International Law
No abstract provided.
Deregulation And The Lawyers’ Cartel, Nuno Garoupa, Milan Markovic
Deregulation And The Lawyers’ Cartel, Nuno Garoupa, Milan Markovic
University of Pennsylvania Journal of International Law
No abstract provided.
Extraterritoriality And Conflict Of Laws, Anthony J. Colangelo
Extraterritoriality And Conflict Of Laws, Anthony J. Colangelo
University of Pennsylvania Journal of International Law
No abstract provided.
Between A Rock And A Hard Place: The Global Gag Rule’S Impacts On Women’S Reproductive Health And Abortion Law In Malawi, Michelle Xiao Liu, Nina Sudhakar
Between A Rock And A Hard Place: The Global Gag Rule’S Impacts On Women’S Reproductive Health And Abortion Law In Malawi, Michelle Xiao Liu, Nina Sudhakar
University of Pennsylvania Journal of International Law
No abstract provided.
Self-Defense On Behalf Of Non-State Actors, Annie Himes, Brian J. Kim
Self-Defense On Behalf Of Non-State Actors, Annie Himes, Brian J. Kim
University of Pennsylvania Journal of International Law
No abstract provided.
Border Violence As Crime, Itamar Mann
Border Violence As Crime, Itamar Mann
University of Pennsylvania Journal of International Law
No abstract provided.
Inter-Civilizational Approaches To Investor-State Dispute Settlement, Valentina Vadi
Inter-Civilizational Approaches To Investor-State Dispute Settlement, Valentina Vadi
University of Pennsylvania Journal of International Law
No abstract provided.
The Right To Restitution Of Cultural Property Removed As Spoils Of War During Nineteenth-Century International Warfare, Yue Zhang
University of Pennsylvania Journal of International Law
No abstract provided.
Revolution, Peace, And Justice In Sudan, Darin E.W. Johnson
Revolution, Peace, And Justice In Sudan, Darin E.W. Johnson
University of Pennsylvania Journal of International Law
No abstract provided.
Cyber-Nuisance, Frederic Gilles Sourgens
Cyber-Nuisance, Frederic Gilles Sourgens
University of Pennsylvania Journal of International Law
No abstract provided.
The Emerging Right Of West Bank Palestinians To Israeli Citizenship, Ariel Zemach
The Emerging Right Of West Bank Palestinians To Israeli Citizenship, Ariel Zemach
University of Pennsylvania Journal of International Law
No abstract provided.
Doctrinal Innovation In International Criminal Law: Harms, Victims, And The Evolution Of The Law, Patrick J. Keenan
Doctrinal Innovation In International Criminal Law: Harms, Victims, And The Evolution Of The Law, Patrick J. Keenan
University of Pennsylvania Journal of International Law
No abstract provided.
The State Of Murder In Japan And The United States: A Story Of Socioeconomic Integration And Police Geography, David U. Socol De La Osa
The State Of Murder In Japan And The United States: A Story Of Socioeconomic Integration And Police Geography, David U. Socol De La Osa
University of Pennsylvania Journal of International Law
No abstract provided.
Rectal Feeding, Rape, And Torture In The U.S. Interrogation And Detention Program, Sophia Gaulkin
Rectal Feeding, Rape, And Torture In The U.S. Interrogation And Detention Program, Sophia Gaulkin
University of Pennsylvania Journal of International Law
No abstract provided.
The Presumption Against Extraterritoriality: Reconciling Canons Of Statutory Interpretation With Textualism, Natascha Born
The Presumption Against Extraterritoriality: Reconciling Canons Of Statutory Interpretation With Textualism, Natascha Born
University of Pennsylvania Journal of International Law
No abstract provided.
Between Institutional Survival And Human Rights Protection: Adjudicating Landmark Cases Of African Undocumented Entrants In Israel In A Comparative And International Context, Rivka Weill, Tally Kritzman-Amir
Between Institutional Survival And Human Rights Protection: Adjudicating Landmark Cases Of African Undocumented Entrants In Israel In A Comparative And International Context, Rivka Weill, Tally Kritzman-Amir
University of Pennsylvania Journal of International Law
No abstract provided.