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Articles 1 - 30 of 714
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Reconceptualizing Presidents' Clemency Power Under The Framework Of Human Rights: The Right To Seek Capital Clemency In Taiwan, Mao-Hong Lin
Reconceptualizing Presidents' Clemency Power Under The Framework Of Human Rights: The Right To Seek Capital Clemency In Taiwan, Mao-Hong Lin
Fordham International Law Journal
The incorporation of the International Covenant on Civil and Political Rights into Taiwan’s domestic law provided death row inmates with the legal basis to submit requests for the President’s mercy. However, Presidents have persistently ignored these requests without any response to the inmates, and the judiciary regularly dismissed the cases of the inmates by rendering decisions in support of the Presidents’ inaction. The court justifications for these decisions were that the clemency power falls under the executive prerogative, and that it is a political question in nature and therefore not subject to judicial oversight. This Article argues against these justifications. …
“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison
“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison
Fordham International Law Journal
In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by …
China’S Dual State Revival Under Xi Jinping, Eva Pils
China’S Dual State Revival Under Xi Jinping, Eva Pils
Fordham International Law Journal
Under President Xi Jinping, China has undergone autocratic reclosure. Drawing on Fraenkel’s 1940 analysis of Germany’s then dictatorship as a duality of coexisting normative and prerogative modes of governance established to normalize ‘emergency’ exemptions from legality, this Article argues that this process can be understood as a Dual State revival at a point in time when rule of law corroded in liberal-democratic systems with more robust legal institutions and protections.
Border Brutalism, Ernesto Hernández-López
Border Brutalism, Ernesto Hernández-López
Fordham International Law Journal
Concepts like freedom and liberty motivate Americans on the global stage. This has racial implications past and present. Exploring these arguments, this Essay: (1) reviews Greg Grandin’s The End of the Myth: From the Frontier to the Border Wall in the Mind of America and (2) proposes a framework to identify law’s place in these motivations. The End of the Myth argues that frontier myths inspired expansion west and then overseas. While this was seen as innately positive, it also downplayed racism. Now, the idea of the border drives Americans and motivates their leaders. With border brutalism policies, a new …
Echoes Of The Zoning: Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modern-Day Human Trafficking, Glenys P. Spence
Echoes Of The Zoning: Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modern-Day Human Trafficking, Glenys P. Spence
Fordham International Law Journal
This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …
Criminal Courts, State Succession, And Watercourses: Three Points Of Influence On The International Law Commission, Kelly Adams
Criminal Courts, State Succession, And Watercourses: Three Points Of Influence On The International Law Commission, Kelly Adams
Fordham International Law Journal
Strong, functional systems of international law are critical to overcoming the challenges plaguing our increasingly globalized world; injustices that have spawned recently reaffirm the need for these systems. Successfully maintaining these systems requires deep multifaceted insights. The International Law Association, founded in 1873, has aided and influenced the work of the United Nation’s International Law Commission for more than a century. Various documents produced in association with the International Law Association, including a draft statute for the establishment of a permanent international criminal court, a set of draft resolutions on the effect of state succession on treaties, a handbook identifying …
The Role Of International Law In Targeted Killings: From The Bush Administration To The Biden Administration, Talia Abed
The Role Of International Law In Targeted Killings: From The Bush Administration To The Biden Administration, Talia Abed
Fordham International Law Journal
Since the terrorist attacks that occurred on September 11, 2001, the United States has been engaged in a global war to defeat terrorism, i.e., the war on terror. As part of this conflict, the US government conducts targeted killing operations, in which it singles out and kills certain individuals it deems a threat to civilian lives. There are several US statutes that govern the use of lethal force, both generally and in the specific context of targeting terrorists. Additionally, there is a wide body of international laws that govern this form of extrajudicial killing. It is questionable, however, whether the …
The Need For An International Tribunal On The Crime Of Aggression Regarding The Situation In Ukraine, Jennifer Trahan
The Need For An International Tribunal On The Crime Of Aggression Regarding The Situation In Ukraine, Jennifer Trahan
Fordham International Law Journal
This Essay examines the imperative need to prosecute the crime of aggression being committed against Ukraine and doing so through an international tribunal created on the recommendation of the UN General Assembly. It also makes the case for amending the Rome Statute of the International Criminal Court to expand jurisdiction over the crime of aggression to cover future similar situations. Both are critically important in order to enforce the core norm against the use of force within the UN Charter through the regime of individual criminal responsibility. The Essay also briefly explores the paralysis caused within the UN Security Council …
State Responsibility For Human Rights Violations Perpetrated In The Name Of International Counter-Terrorism Financing Obligations, Alyssa T. Yamamoto, Fionnuala Ní Aoláin
State Responsibility For Human Rights Violations Perpetrated In The Name Of International Counter-Terrorism Financing Obligations, Alyssa T. Yamamoto, Fionnuala Ní Aoláin
Fordham International Law Journal
This Essay responds to the increasing adoption by States across continents of repressive, over-reaching laws, regulations, and policies aimed at countering the financing of terrorism. It documents the immense international pressure to adopt counter-terrorism financing measures, coupled with the seeming marginalization of concurrent international human rights law obligations. The Essay first sets out the applicable legal framework and rapid normative developments in international counter-terrorism financing law. Second, the Essay provides a snapshot of existing allegations of human rights violations committed in the name of international counter-terrorism financing obligations, including judicial harassment and undue surveillance of human rights defenders and civil …
Using Rights To Deepen Democracy: Making Sense Of The Road To Legal Abortion In Argentina, Alicia Ely Yamin, Agustina Ramón Michel
Using Rights To Deepen Democracy: Making Sense Of The Road To Legal Abortion In Argentina, Alicia Ely Yamin, Agustina Ramón Michel
Fordham International Law Journal
This Article situates the 2020 passage of a law legalizing abortion as an inflection point for Argentine democracy and a case study of how rights concepts can be deployed to advance reproductive justice. First, beginning with the transition to democracy, this study traces shifts in opportunity structures including political and institutional changes; key judicial decisions as well as legal reforms; and the construction of relations among traditional feminist organizations, health professionals, and new actors including key politicians and other decision-makers. Second, the Article focuses specifically on the last fifteen years of legal and social mobilization, the evolving networks of actors …
Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio
Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio
Fordham International Law Journal
No abstract provided.
Between A Rock And A Hard Place?* Ict Companies, Armed Conflict, And International Law, Arturo J. Carrillo
Between A Rock And A Hard Place?* Ict Companies, Armed Conflict, And International Law, Arturo J. Carrillo
Fordham International Law Journal
No abstract provided.
United States Constitutional Limits On The Executive In Determining Refugee Policy: Applying United States Constitutional Rights Extraterritorially, Jacqueline Hayes
United States Constitutional Limits On The Executive In Determining Refugee Policy: Applying United States Constitutional Rights Extraterritorially, Jacqueline Hayes
Fordham International Law Journal
No abstract provided.
The Legal And Moral Responsibility To Protect, Karen Musalo
The Legal And Moral Responsibility To Protect, Karen Musalo
Fordham International Law Journal
No abstract provided.
Cooperation With United Nations Atrocity Inquiries, Michael Ramsden
Cooperation With United Nations Atrocity Inquiries, Michael Ramsden
Fordham International Law Journal
No abstract provided.
Re-Defining Particular Social Group In The United States: Looking To International Guidance In The Wake Of The Matter Of A-B- Vacatur, Grace Carney
Fordham International Law Journal
No abstract provided.
Evading, Hacking & Laundering For Nukes: North Korea's Financial Cybercrimes & The Missing Silver Bullet For Countering Them, Seongjun “Spencer” Park*
Evading, Hacking & Laundering For Nukes: North Korea's Financial Cybercrimes & The Missing Silver Bullet For Countering Them, Seongjun “Spencer” Park*
Fordham International Law Journal
No abstract provided.
Far, Free, Away? The Supreme Court’S Drastic Limitations On The First Amendment Abroad In Agency For International Development V. Alliance For Open Society International, Inc. Ii, Madison Pracht
Fordham International Law Journal
No abstract provided.
When Does Mental Health Coercion Constitute Torture?: Implications Of Unpublished U.S. Immigration Judge Decisions Denying Non-Refoulement Protection, Matthew S. Smith, Michael Ashley Stein
When Does Mental Health Coercion Constitute Torture?: Implications Of Unpublished U.S. Immigration Judge Decisions Denying Non-Refoulement Protection, Matthew S. Smith, Michael Ashley Stein
Fordham International Law Journal
No abstract provided.
Enforcement Of Non-Monetary Judgments In Common Law Jurisdictions: Is The Time Ripe?, King Fung Tsang & Tsz Wai Wong
Enforcement Of Non-Monetary Judgments In Common Law Jurisdictions: Is The Time Ripe?, King Fung Tsang & Tsz Wai Wong
Fordham International Law Journal
No abstract provided.
Immigration Reform In Refugee And Asylum Policy: Disentangling Immigration From The National Security Discourse, Rachel Chernov
Immigration Reform In Refugee And Asylum Policy: Disentangling Immigration From The National Security Discourse, Rachel Chernov
Fordham International Law Journal
No abstract provided.
Taming The Beast: Confucianism As The Key To Reforming Korea’S Chaebol System For The Common Good, Grace Lee
Taming The Beast: Confucianism As The Key To Reforming Korea’S Chaebol System For The Common Good, Grace Lee
Fordham International Law Journal
No abstract provided.
Combatting Iuu Fishing And Improving The Long-Term Conservation Of Fish Stocks: Increasing Transparency In Regional Fisheries Management Organizations, Chris Wold
Fordham International Law Journal
No abstract provided.
Anti-Carceral Futures: A Comparative Perspective Of Restorative And Transformative Justice Practices In The United States And New Zealand, Hannah Goodman
Anti-Carceral Futures: A Comparative Perspective Of Restorative And Transformative Justice Practices In The United States And New Zealand, Hannah Goodman
Fordham International Law Journal
No abstract provided.
Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya
Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya
Fordham International Law Journal
No abstract provided.
Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam
Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam
Fordham International Law Journal
No abstract provided.
Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco
Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco
Fordham International Law Journal
No abstract provided.
Can Personhood Protect The Environment? Affording Legal Rights To Nature, Nicola Pain & Rachel Pepper
Can Personhood Protect The Environment? Affording Legal Rights To Nature, Nicola Pain & Rachel Pepper
Fordham International Law Journal
No abstract provided.
Who’S Off Limits? How Inconsistent Interpretation Of The Imminence Requirement Under Article 51 Of The Un Charter And Ineffective Accountability Protocols Expand Who Can Be Targeted And When Under The United States Targeted Killing Program, Maria Chrysanthem
Fordham International Law Journal
No abstract provided.
Dispatches From The Collusion Inquiry: A Tribute To The Honourable Peter Cory, Renee M. Pomerance
Dispatches From The Collusion Inquiry: A Tribute To The Honourable Peter Cory, Renee M. Pomerance
Fordham International Law Journal
No abstract provided.