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Upholding Human Rights In The Hemisphere: Casting Down Impunity Through The Inter-American Court Of Human Rights , Morse Tan

Morse Tan Esq.

This article further fills the lacuna in the scholarly literature regarding compliance theory and the Inter-American Court of Human Rights. It builds upon a previous publication by this same author titled “Member State Compliance with the Judgments of the Inter-American Court of Human Rights”. As with its predecessor, this article explores various prominent theoretical models including the managerial model, fairness and legitimacy, transnational legal process, and self-interest. Harmonizing aspects of these distinctive theoretical models as an analytical base, this article proposes a new, hybrid model which suggests that many of the central tenets of the previous theories reflect reconcilable dimensions …

Arms Embargoes And The Right Of Self-Defense In International Law, Matthew D. Vandermyde

Matthew D. Vandermyde

Matthew D. Vandermyde, Arms Embargoes and the Right to Self-Defense in International Law. This article answers the question: Does a mandatory arms embargo violate a nation’s right to self-defense? In other words, if a country has been given the right to use force in self-defense, but has then been denied access to weapons, does it really have a right to self-defense at all?

Over the past few decades, a number of nations have argued that the mandatory arms embargoes imposed against them violated their right to use force in self-defense. In some cases the Security Council has responded by adjusting …

The Geography Of Climate Change Litigation Part 2: Narratives Of Nation-States And Thirdspace, Hari M. Osofsky

Hari Osofsky

This article aims to interweave two current crises for law and policy in the United States: (1) the extent of our commitment to international law and (2) the approach we will take to regulating global climate change. It argues that achieving progress on both fronts requires interrogating the geographic assumptions in major conceptual approaches to international legal theory and the implications of those assumptions for their narratives of climate change litigation. To that end, it develops a taxonomy of international legal theory based on how those approaches view nation-state spaces—Westphalian, modified Westphalian, pluralist, and critical—and considers how a law and …

Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner

William B Turner

Arguments about discrimination based on sexual orientation generally rest on interpretations of the equal protection clause of the Fourteenth Amendment or about rights to autonomy rooted in modern substantive due process doctrine. Such theories typically presuppose a government that remains neutral among competing moral claims. This Article, by contrast, develops an account of rights against sexual orientation discrimination—including recognition of same-sex marriage—that does not depend on a thin moral conception of the liberal state. Instead, I situate lesbian/gay rights within a Lockean political theory of consent. John Locke’s theory of government, which was highly influential for the Founders of the …

Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn

Alison L Stankus

When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that “the legal system has ineffectively dealt with family violence in the past … and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims.” However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. Last year, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois Criminal Code. …

Housing Policy In The People's Republic Of China: Successes And Disappointments, Joyce Palomar, Jianbo Lou

Joyce Palomar

ABSTRACT: This paper is written and submitted by Peking University (Beijing University) Center for Real Estate Law, Director, Prof. Lou Jianbo, and Assistant Director, Prof. Joyce Palomar, authors. The paper examines the People's Republic of China's national approaches beginning in 1948 to the nation's urban housing crisis. The paper focuses on policy approaches and strategies for activating the private sector as a means to improve housing conditions. It presents recent statistical results of the application of housing as a leading economic development sector.

Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin

David M. Smolin

Child laundering occurs when children are illicitly obtained by fraud, force, or funds, and then processed through false paperwork into "orphans" and then adoptees. Child laundering thus involves illegally obtaining children by abduction or purchase for purposes of adoption. My prior work has documented and analyzed the widespread existence of child laundering in the intercountry adoption system. This article argues that child laundering is a form of exploitation, and hence qualifies as a form of human trafficking. Once child laundering is understood as an exploitative form of child trafficking, legal and ethical norms currently applied to human trafficking become applicable. …