Digital Commons Network^™

"Authoritarian International Law" In Action? Tribal Politics In The Human Rights Council, Yu-Jie Chen

Vanderbilt Journal of Transnational Law

The international human rights regime, a product of post- war liberalism, is increasingly falling under the shadow of authoritarian countries that try to influence the regime in favor of their illiberal agendas. This Article uses the United Nations Human Rights Council (HRC) as a prism to examine the changing dynamics among leading authoritarian and democratic actors as they contend to shape global human rights norms and institutions. This Article argues that China, the most resourceful authoritarian party-state, is engaging in what can be understood as tribal international politics, forming coalitions with authoritarian governments and developing countries that have different state …

Mitigating The Effects Of Intellectual Property Colonialism On Budding Cannabis Markets, Hughie Kellner

Indiana Journal of Global Legal Studies

Globalization has reduced barriers to trade, communication, and understanding, opening opportunities that extend far beyond national borders. However, in this bounty of opportunity lie obligations, and often those obligations tie a nation's hands when trying to deal with a problem that arises. One obligation nations face is upholding the United Nations' (UN) decision to prevent the illicit use of cannabis. Another is supporting and following the World Trade Organization's (WTO) near elimination of barriers for companies to bring patent and trademark protection with them into any country they do business with. In a modern globalized economy, if a nation fails …

Misappropriation And Patenting Of Traditional Ethnobotanical Knowledge And Genetic Resources, Maxim V. Gubarev

Journal of Food Law & Policy

Four-fifths of all pharmaceuticals have been developed from natural plant resources, and native plant resources similarly play a significant role in the development of new and improved crops.

Is Climate Change A Threat To International Peace And Security?, Mark Nevitt

Michigan Journal of International Law

The climate-security century is here. Both the United Nations Intergovernmental Panel on Climate Change (“IPCC”) and the U.S. Fourth National Climate Assessment (“NCA”) recently sounded the alarm on climate change’s “super-wicked” and destabilizing security impacts. Scientists and security professionals alike reaffirm what we are witnessing with our own eyes: The earth is warming at a rapid rate; climate change affects international peace and security in complex ways; and the window for international climate action is slamming shut.

The Trees Speak For Themselves: Nature’S Rights Under International Law, Samantha Franks

Michigan Journal of International Law

This note argues that the United Nations should center nature’s rights in the upcoming Global Pact on the Environment, solidifying the patchwork of international environmental law and encouraging domestic protection of the environment. Part II explores the current state of international environmental law, outlining the ways in which the doctrine remains incomplete. Part III establishes that Earth jurisprudence is an effective method to fill the gaps existing within traditional international environmental law. Part IV emphasizes the importance of soft law in international law. It draws a parallel between the creation of the Universal Declaration of Human’s Rights and a potential …

Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano

UAEU Law Journal

The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2]). …

Contemporary Legal Issues Of Contract Formation Through Online System, Ayman Khaled Masadeh, Mohammad Bashayreh

UAEU Law Journal

Electronic commerce has put forth new challenges to the efforts endeavoring to unify international trade law. Most international trade conventions are designed to apply to traditional means of communication as they were drafted before the recent informational revolution. Because, in some countries, conventions supersede domestic laws, adopting the United Nations Model Law on Electronic Commerce might not completely harmonize national laws. Hence, the United Nations General Assembly adopted a new Convention on the Use of Electronic Communications in International Contracts (hereinafter the Convention) prepared by the United Nations Commission on International Trade Law (UNCITRAL). Adopted on 23 November 2005, the …

Criminal Confrontation For Human Trafficking Crimes A Comparative Study, Fatiha Mohammed Gourari

UAEU Law Journal

This study deals with the protection of Human Rights and dignity since human trafficking has become the world's third fastest-growing illegal industry after weapon and drug trading. This study is divided into two sections. The first section examines the rules and principles governing the issue of human trafficking in the UAE national laws, as well as those of France and USA. The second section deals with the rules and principles governing the issue of human trafficking in light of two International Charters: the Palermo Protocol, which was attached to the United Nations Convention on Fighting Organized Crimes, and the Council …

The Legal Basis Of The Illegitimate Invasion And Occupation Of Iraq

UAEU Law Journal

The invasion and occupation ofIraqin 2003 had a big impact on international relations and the United Nations organization. The author will argue the illegitimacy of such an invasion and will point out the legal basis of said argument. All American allegations to justify the invasion of Iraq will be examined and will be proven illegitimate.

The study will also include a discussion on whether the invasion of Iraq can be considered as a crime against peace, and whether the American and British soldiers in Iraq committed war crimes and genocide. Next, the types of courts which have jurisdiction over such …

The International Legal System For The Protection Of The United Nations Peacekeeping Forces

UAEU Law Journal

In this research, we deal with International Legal System for protecting UN Peace Keeping Forces, based on the important and increasing role, which such forces practice in international relationships.

By this study, I find that international protection system has not achieved its intended purpose. It is stained by inability and ambiguity. Such is a natural result of the fact that such system has been formulated as reaction to the assaults, which such forces were subject to recently.

The rules and immunity of UN Peace Keeping Forces remained dispersed within international legal texts.

No clear criterion has been formulated to apply …

Excess And Deficiencies In The Practice Of The Security Council And Its Terms Of Reference: Case Study Of Iraq, Nayef Hamaida

UAEU Law Journal

This study deals with the competence of the securit council in the field of the maintenance of international peace and security, which are exercised either in conciliatory or repressive manner. The study shows that such competence is rather limited and must be compatible with the principles and aims of the United Nations.

Moreover, the study shows the excess or passive role of the Security Council in exercising its competence (a case study of Iraq) and demonstrates that the decision of the Security Council relating to the delegations of its power affects the sovereignty and territorial integrity of Iraq.

In addition, …

International Differences In Support For Human Rights, Sam Mcfarland Ph. D.

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …

The Role Of The United Nations In Promoting The Rights Of Indigenous Peoples, Wissam Naamat Al-Saadi, Safa Samir Ibrahim

UAEU Law Journal

The issues of "indigenous peoples" are one of the most prominent international issues that have attracted much international attention from international bodies and organizations. Their problems and challenges have been raised widely and in various areas - regional and global - have become the Effective of many international parties, its main organs or assistance and its specialized international agencies. The International Labor Organization (ILO) has been at the forefront of its efforts, for many centuries to be neglected and forgotten by the violation of its various rights.

The United Nations has played a major role in the formulation, promotion and …

Ending Corporate Anonymity: Beneficial Ownership, Sanctions Evasion, And What The United Nations Should Do About It, Vineet Chandra

Michigan Journal of International Law

In the vast majority of jurisdictions around the world, there is a generous array of corporate forms available to persons and companies looking to do business. These entities come with varying degrees of regulation regarding how much information about the businesses’ principal owners must be disclosed at the time of registration and how much of that information is subsequently available to the public. There is little policy harmonization around the world on this matter. Dictators and despots have long taken advantage of this unintended identity shield to evade sanctions which target them; in July of 2019, the Center for Advanced …

On Period Poverty, Victoria J. Haneman

Journal of Race, Gender, and Ethnicity

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.

The Legal Legacy Of The Special Court For Sierra Leone: The Sierra Leone Perspective—When The Story Is As Important As The Storyteller, Dr. Michael Imran Kanu

FIU Law Review

No abstract provided.

A Legal Legacy That Opens The Way To Justice In Challenging Places And Times, Stephen J. Rapp

FIU Law Review

No abstract provided.

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …