Digital Commons Network^™

A Tale Of Two Rights? The Manifest Functions Of Truth And Reconciliation Commissions And The Ambivalence Towards Economic, Social, And Cultural Rights, Cosmas Emeziem

Seattle Journal for Social Justice

No abstract provided.

The Palestinian State From The Angle ‎Of International Law, Walid Mahameed

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Most of the Politicians and the legal scholars agree that the foundations of the State of ‎Palestine have a legal basis without legal discussion about the establishment of the state. In ‎such studies, we have to find the analytical principal foundation either the legal or the practical ‎ones which the State of Palestine based on adjectivally and with no effect of the political and ‎emotional factors. It is not true that the decisions of the United Nations and the of the self - ‎determination are the only factors are the ones, which are going to define and draw the shape …

Tasking The Leviathan: Right To Protest, Good Governance, And Implications For National Security And International Law, Olalekan Moyosore Lalude

Journal of Sustainable Social Change

The right to good governance is a right inalienable to the democratic process. Content analysis was used as the data source for this paper. This study would attempt to resolve the questions on the intricate connection between the right to protest and the right to good governance in Nigeria and what this means for national security and international law. In this essay, it was argued that the international law space is shrinking for holding the democratic process accountable in sovereign states. The significance of the essay is to suggest a new direction for the engagement of international law mechanisms on …

The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein

Vanderbilt Journal of Transnational Law

With the killing of Iranian general Qassim Soleimani, the United States crossed a new frontier in the use of extrajudicial lethal operations outside of armed conflict. As a state actor, Soleimani once would have been entirely off-limits as a target outside the context of a formal armed conflict between the United States and Iran. The Trump administration's choice to conduct a one-off strike on a state military leader indicates that conflicts among state adversaries are increasingly fought using the hybridized tools of the war on terror. This Article will argue that the increasing use of such techniques and the perceived …

"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 …

Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller

Vanderbilt Journal of Transnational Law

The current legal vacuum regarding binding international norms regulating malicious conduct in cyberspace has paved the way for the emergence of a unilateral tool: cyber sanctions. They have already been introduced by the United States, the European Union, and the United Kingdom. Notwithstanding their obvious importance, their interrelations with international law- especially international economic law-have remained largely unexplored in academic research. This gap is perplexing given the fact that the existing unilateral cyber sanctions have been formulated in such a way as to be prone to misuse. In particular, they bear a significant potential to disrupt economic relations and undermine …

Past Attacks, Future Risks: Where Are We 20-Years After 9/11?, Sarah Jane Fox , Ph.D.

Journal of Strategic Security

his year, 2021, marks the 20^th anniversary since 9/11, recorded as the ‘day that changed the world.’ Security remains an area where governments and airlines are continuously struggling to stay ahead, but since 9/11 there have been other challenges to the air transport industry – not least Covid-19.

This research primarily critically reviews the actions taken in the aftermath of 9/11 from the US and EU perspective, before consideration is given to the current/present situation, the new, and emerging challenges being faced. The research is undertaken through a legal/policy perspective.

The findings are that internationally and regionally, …

The United States Climate Change Policies And Covid-19: Poisoning The Cure, Carolina Arlota

Pace Law Review

Climate change is complex during the best of times. It is commonly conceptualized as the quintessential global collective action problem: it affects those who do not contribute to it while the benefits of climate change mitigation measures are not restricted to those who pursue such measures. This conceptualization illustrates the high transaction costs involved in domestic policies as well as in international agreements addressing climate change, and it is of academic and practical interest. As such, this Article discusses the current challenges that climate change policies face, focusing on the linkages between the climate change policies of the Trump administration …

The European Union: Data Protection For Economic Competition And Regional Security, Matthew D. Wurst

Hatfield Graduate Journal of Public Affairs

The collection and use of personal data is being increasingly scrutinized by governments and the European Union (EU) has been attempting to handle the development of data protection based progressive protections to protect its citizens data and right to privacy. With the reemergence of Russia in challenging the state of affairs within Europe, their illegal seizure of the Crimea from Ukraine demonstrated the lengths Russia will go to in order to preserve its sphere of influence. Furthermore, Russia’s use of cyber tactics and hybrid warfare has caused many in Europe to become more concerned for their security. When viewed through …

Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe

Journal of Food Law & Policy

The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.

The Extraordinary Chambers In The Courts Of Cambodia: An Extraordinary Success Or An Ordinary Failure?, Vamika Jain

The Gettysburg Historical Journal

This paper will examine the effectiveness of the Extraordinary Chambers in the Courts of Cambodia at providing some measure of transitional justice to the victims of the Khmer Rouge regime. It delves into an expanded role of tribunals that extends beyond the courtroom and seeks to highlight faults and success of the ECCC as lessons for future iterations of international courts and tribunals.

Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian

Loyola of Los Angeles Law Review

No abstract provided.

Competing Claims: The Developing Role Of International Law And Unilateral Challenges To Maritime Claims In The South China Sea, Kevin Leddy

Vanderbilt Journal of Transnational Law

Chinese military and economic expansion have led to a commensurate decrease in the ability of neighboring countries to object to excessive maritime claims in the South China Sea. The existing framework of international law under the United Nations Convention on the Law of the Sea provides an anchoring point for coastal states' legal claims to the region, but it does not adequately address the complicated diplomacy challenges created by unilateral military action and unique geographical issues, such as artificial islands. Gradual acquiescence to maritime claims that do not comply with international law results from these conditions. Once these boundaries are …

The Rules Of Territorial Sea Boundary Delimitation With Particular Reference To The Uae Federal Law 0f 1999قواعد ترسيم الحدود البحرية الإقليمية مع إشارة خاصة إلى الاتحاد الفيدرالي لدولة الإمارات العربية المتحدة, Dr. Matar Al-Neyadi

UAEU Law Journal

Throughout history, states have employed different measures to protect the security of their land territories and the interests of their people. Extending coastal state control and jurisdiction over off-shore zones has been one of these measures[1] this projection, however, obviously has an impact on the right of other states to enjoy the freedom of the seas for all[2]. International law in general recognizes the rights of coastal states to claim a territorial sea, contiguous zone, continental shelf and EEZ[3] Figure 1 below illustrates these four zones. Moreover, international law lays down specific rules that govern the …

Sovereignty In Light Of International Developments

UAEU Law Journal

The doctrine of sovereignty is well recognized by the international community. It governs inter-states relations. International law preserves the sovereignty of states on an equal basis. However, contemporary developments at the international arena reveal that the doctrine of sovereignty is still an evolving one .Its effects and limits are being redefined in the context of permitting intervention in states international affairs on several grounds. They include the protection of human rights, promoting democracy, combating international terrorism, imposing fact-finding committees, pre-emptive war and humanitarian intervention. This article examines the impact of these developments on the doctrine of sovereignty

Contradiction Under International Law On The Swiss Ban Of Minarets, Giovanni Distefano, Pascal Mahon

UAEU Law Journal

The Swiss vote on the 29th of November, 2009 turned the popular initiative against constructing minarets into a law with a 60% majority of voters. The vote reflects xenophobia and the negative image of Islam or Islamophobia held by the proponents of the initiative. This fear has to be dealt with by psychologists and sociologists.

The Concept Of Torture And Other Forms Of Cruel, Inhuman Or Degrading Treatment: Study On The Jurisprudence Of International Oversight Mechanisms On Human Rights, Mohammed Khalil Al Mousa

UAEU Law Journal

Established principles of customary international law of human rights include prohibition of torture and other cruel, inhuman or degrading treatment. International Human Rights conventions and regional legislations recognize this principle. But the vast majority of these texts have not been exposed to the concept of torture and therefore cannot distinguish it from other prohibited forms of ill-treatment, with the exception of the United Nations Convention against Torture and other cruel, inhuman or degrading treatment and regional conventions limited to defining torture, there is no other definition in the human rights conventions that addresses this concept.

It is noteworthy to add …

Wither Away State Right To Wage War Unilaterally, Giovanni Distefano

UAEU Law Journal

One only has to look into the history of international relations to realize that the use of force has been intrinsically related to the ius gentium. For example, it is quite revealing that international law, as a scientific discipline, emerged from this relation. There are also many publications from the founding fathers that are related to this branch of law and which tittles specifically mentioned the law in war. To this end, one can relate to the works of De Vitoria, Suarez, Molina, Grotius, etc. Thus, it would not be too bold to claim that the modern international order …

The Effectiveness Of The International Rule, M0hammed Thamer Al- Sadoon

UAEU Law Journal

The issue of entry into force of the international rules in domestic law is an important issue in the laws of international and internal and cares studied scholars of international law and constitutional alike , as to determine this effect, determines the work of state institutions at home and avoids the State Responsibility International , that the states are going , in their constitutions or according to its internal practices , the distinction between the rules of international law and general principles of law on the one hand and between the rules of the International Convention and give each type …

Enforcement Of Foreign Laws Before The National Judge: A Comparative Study, Ashraf , Wafa Mohammed

UAEU Law Journal

The Omani Civil Transactions Act No. 29 issued on 2013, includes the provisions on the conflict of laws as stated from Article 10 to Article 28, as well as it is the case in the UAE Civil Transactions Act in Articles 10 to 28. According to the text of this last article of the Emirati Law, "apply the United Arab Emirates Law, if the existence of the applicable foreign law cannot be proven or its significance determined." It is noted that the rules, governing conflict of laws, moderate relations of individuals with an international character (i.e. containing a foreign element). …

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …

The Necessity Of Imagination: Using The Counterfactual Method To Overcome International Law's Epistemological Limitations, Mohsen Al Attar

National Law School of India Review

As a social phenomenon, law is subject to countless influences that shape its contours. This quality is compounded in international law, where the regime contends with the contexts, cultures, and complexities of disparate nation-states. Yet, despite international law’s evident contingency, few publicists explore the implications of this quality, preferring to engage with the regime from within the dominant history and logic. This approach narrows both scholarly imagination and regulatory potential, confining us to a contingent status quo. In the following article, I argue for the use of counterfactuals in international legal scholarship to, first, enrich our understanding of the biases …

Pandemics And International Law: The Need For International Action, Claudio Grossman

Human Rights Brief

No abstract provided.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Intellectual Property As A Determinant Of Health, Ana S. Rutschman

Vanderbilt Journal of Transnational Law

Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …

Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson

Vanderbilt Journal of Transnational Law

The United Nations Palermo Protocol provides an international framework for regulating human trafficking with aims of increasing perpetrator prosecution and victim rehabilitation. Signatory nations implement this resolution through domestic legislation. Discrepancies across these statutes result in dangerous jurisdictional gaps and chaotically varied law enforcement approaches. Though legal scholarship rarely addresses the topic, pornography-based sex trafficking provides a clear example of this trend. The unique digital features of the internet compound these challenges. This Note seeks to close procedural gaps and alleviate policing frustrations through a proprietary examination of the Protocol’s “exploitation” definition and suggests an amendment to the Protocol that …

Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Disciplinary Privilege And The Promise Of Decampment: A Response To James Thou Gathii, Fleur Johns

American University International Law Review

No abstract provided.

International Legal, Policy And Institutional Issues Raised By The Covid-19 [Portugal], Patrícia Galvão Teles

American University International Law Review

INTRODUCTION

Three basic sets of questions arise when we attempt to look back to what is now almost one year of probably the greatest pandemic in human history, and also when we look to the future to see what can be improved to fight epidemics and pandemics of this scale and nature. The first set of questions, for us as lawyers, are the legal issues that we are dealing with in regards to the existing legal framework, and how it is interpreted and applied in the event of a pandemic. The second set of questions are policy issues. Discussing the …