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Articles 31 - 60 of 1776
Full-Text Articles in Entire DC Network
International Agreements Shaping Migration Solutions, Camilo Mantilla
International Agreements Shaping Migration Solutions, Camilo Mantilla
Refugee Law & Migration Studies Brief
In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.
Armed Guests: Territorial Sovereignty And Foreign Military Basing, Robert Flynn, Sebastian Schmidt
Armed Guests: Territorial Sovereignty And Foreign Military Basing, Robert Flynn, Sebastian Schmidt
Naval War College Review
No abstract provided.
Drones And Global Order: Implications Of Remote Warfare For International Society, Richard Norton, Paul Lushenko, Srinjoy Bose, William Maley
Drones And Global Order: Implications Of Remote Warfare For International Society, Richard Norton, Paul Lushenko, Srinjoy Bose, William Maley
Naval War College Review
No abstract provided.
Closing A Commons: How A Novel Property Regime Can Promote Peace And Efficient Extraction Of Deep Sea Resources In The South China Sea, Kevin Frazier
Closing A Commons: How A Novel Property Regime Can Promote Peace And Efficient Extraction Of Deep Sea Resources In The South China Sea, Kevin Frazier
Ocean and Coastal Law Journal
Disputes over maritime boundaries result in inefficient outcomes for all parties to the conflict. The investments required to exploit deep-sea resources are too costly for risk-averse states to attempt to tap into mineral and hydrocarbon deposits beneath disputed boundaries. Consequently, more risk-tolerant states may exploit deep-sea resources without other parties receiving any form of compensation. Alternatively, in some cases no parties will opt to invest in or sponsor such operations because of the uncertainty and risk, depriving surrounding states of the economic benefits tied to those deep-sea resources. This paper relies on principles underlying Coasian bargaining to develop a template …
The Aboutissement Of The Water Crisis And Its Paucity On International Relations, Fatima Bouhlal, Najm Abed Khalaf Aleessawi
The Aboutissement Of The Water Crisis And Its Paucity On International Relations, Fatima Bouhlal, Najm Abed Khalaf Aleessawi
Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي
The article aimed to explore the impact of water vulnerability and paucity on international relations, creating deep international tensions that are difficult to resolve. The water crisis at the present time is a problem that weighs heavily on the international reality in general, as all countries seek to acquire water, starting from the upstream countries to the downstream countries and finally the downstream countries. The comparative critical approach based on extrapolation, analysis, and comparison of international experiences was adopted, and the strategies adopted by those countries in addressing this problem were adopted. The article concluded that the unilateral use of …
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta
Pepperdine Journal of Communication Research
Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …
(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman
University of Cincinnati Law Review
No abstract provided.
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Northwestern Journal of Law & Social Policy
In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …
Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk
Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk
Sustainable Development Law & Policy
Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it? How much is “too much?” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability? Which art is worth saving? A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social …
Symposium: The Future Of Reproductive Rights: Foreign Law In Dobbs: The Need For A Principled Framework, Sital Kalantry
Symposium: The Future Of Reproductive Rights: Foreign Law In Dobbs: The Need For A Principled Framework, Sital Kalantry
ConLawNOW
This article critiques the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization for its unprincipled and superficial use of foreign law sources to overturn Roe v. Wade. It explains the surprising use of foreign law by conservative justices who had previously opposed all use of non-US law in decision-making. And it shows how international and foreign law can be used on by either side to both expand and retrench rights. The article thus argues for a more principled framework for when and how to use international law sources including a more contextual analysis of that law.
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
Pace International Law Review
Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …
The Role Of International Law In The Russia-Ukraine War, Michael Kelly
The Role Of International Law In The Russia-Ukraine War, Michael Kelly
Case Western Reserve Journal of International Law
No abstract provided.
International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald
International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald
Case Western Reserve Journal of International Law
No abstract provided.
One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo
One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo
Human Rights Brief
On September 19, 2011, the High Court of Tanzania found Ghati Mwita guilty of murder for a February 4, 2008 homicide, sentencing her to hang pursuant to Tanzania’s mandatory death sentence. The domestic Court of Appeal sitting at Mwanza dismissed Mwita’s appeal on March 11, 2013 and rejected her application for review on that decision on March 19, 2015. Mwita then brought the case to the African Court of Human Rights (the Court) alleging that the conviction and sentencing procedures violated her fundamental rights under the Banjul Charter (the Charter).
Regulating The Use Of Military Human Enhancements That Can Cause Side Effects Under The Law Of Armed Conflict: Towards A Method-Based Approach, Yang Liu
American University National Security Law Brief
The development of human enhancement (HE) technology has rendered its military potential increasingly noticed by major military powers. It can be expected that “enhanced warfighters” or “super soldiers” will be used on the battleground in the foreseeable future, which can give rise to many legal issues.
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
American University National Security Law Brief
When Russian tanks rolled across the border into Ukraine during the early morning of February 24, 2022, most in the American defense and diplomatic establishment were shocked and sure the war would be over in a few days. Credible open-source tactical and strategic analysis predicted that Ukraine’s regular military forces would be defeated in “days or weeks” as long as Russian military forces were determined to pursue their objectives. The United States Government was so sure that Kyiv was under imminent threat of capture that they offered to evacuate President Volodymyr Zelenskyy so that he could rule from exile, rather …
Enforcing Soft Law In International Investment Arbitration, Vera Korzun
Enforcing Soft Law In International Investment Arbitration, Vera Korzun
Vanderbilt Journal of Transnational Law
Drawing examples from international environmental law, sustainable development, and corporate social responsibility, this Article examines the evolving role of international investment arbitration in the enforcement of non-binding soft law rules of international law. In doing so, the Article explains how investment tribunals can, and have been called upon to, interpret and, paradoxically, enforce soft law instruments. The Article calls for reevaluation of the nature of soft law and the role of investor-state dispute settlement in international rulemaking and enforcement. It also argues that for international environmental law and law on sustainable development, where the lack of an enforcement mechanism has …
After Action: The U.S. Drone Program's Expansion Of International Law Justification For Use Of Force Against Imminent Threats, Elodie O. Currier
After Action: The U.S. Drone Program's Expansion Of International Law Justification For Use Of Force Against Imminent Threats, Elodie O. Currier
Vanderbilt Law Review
Until the 2000s, the United States' attempts to shift international legal norms on imminence to allow for greater use of armed force abroad were largely unsuccessful. In the past two decades, however, drone use and careful legal gamesmanship by U.S. officials have opened an unprecedentedly broad allowance for use of force in imminent self-defense. As drones become increasingly available to state and non-state actors, this permissive regime poses a threat to national and international security. This Note analyzes two decades of international customary law formation around drone use outside of armed conflict through a new lens post U.S.-withdrawal of Afghanistan. …
Preserving The Sea In A Radioactive World: How Japan's Plan To Release Treated Nuclear Wastewater Into Pacific Ocean Violates Unclos, Victoria Cruz-De Jesus
Preserving The Sea In A Radioactive World: How Japan's Plan To Release Treated Nuclear Wastewater Into Pacific Ocean Violates Unclos, Victoria Cruz-De Jesus
American University International Law Review
On December 10, 1982, the 1973–1982 United Nations Convention on the Law of the Sea (UNCLOS III) concluded. Japan became a signatory to the Convention on February 7, 1983 and ratified the Convention on June 20, 1996. Subsequently, Japan became a party to the treaty and committed itself to abide by the United Nations Convention on the Law of the Sea (UNCLOS).
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
American University International Law Review
Kyi sat on the banks of the Inya Lake, saying goodbye to the place they said was no longer her home. The government of Myanmar had given her an option: leave or be arrested. She felt lucky to leave; most activists she knew did not get a warning first. A few kilometers away, her parents’ graves sat cleaned, adorned with fresh flowers. She hoped her sister would keep up the task in her absence, but she hadn’t been able to get ahold of her in quite some time. The feeling of the country was getting more concerned—"frantic" she explained, laughing, …
Wine About It: Why Croatia's Historic Wine Prosek Should Be Granted A Protected Designation Of Origin By The European Union, Sydney Kiefert
Wine About It: Why Croatia's Historic Wine Prosek Should Be Granted A Protected Designation Of Origin By The European Union, Sydney Kiefert
American University International Law Review
Land has been one of the most important resources for as long as history tells us. Land is one of the main causes of war, with leaders of countries wanting to conquer new territory for various reasons, such as the natural resources that exist there, or for the history associated with it. In another context, land is often associated with the idea of home, and the heritage that comes along with that. In Europe, specifically within the European Union, many countries and their constituents are proud of their unique foods and beverages.
The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan
The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan
American University International Law Review
In little more than twenty-five years, the field of international criminal law has grown from a small slice of public international law into a functioning system of international justice, complete with multiple juridical bodies and substantial scholarly attention. Building on the legacy of the Nuremberg Tribunals and drawing from international humanitarian law, human rights law, and domestic criminal law principles, international criminal law has become its own discipline. Creating any new field of law is a complicated endeavor; this is especially true when the field affects and is affected by so many politically sensitive issues. Throughout this doctrinal experiment, one …
The Dialogic Function Of I.C.J. Provisional Measures Decisions In The U.N. Political Organs: Assessing The Evidence, Michael Ramsden, Jiang Zixin
The Dialogic Function Of I.C.J. Provisional Measures Decisions In The U.N. Political Organs: Assessing The Evidence, Michael Ramsden, Jiang Zixin
American University International Law Review
The aim of this article is to consider the degree to which provisional measures ordered by the International Court of Justice (I.C.J.) have influenced United Nations (U.N.) diplomacy and the exercise of functions by its political organs in the areas of international peace, security, and human rights. This article evaluates this influence by examining decisions in which the I.C.J. indicated provisional measures, denoting the remedy available to the Court, on an interim basis, to restrain or instruct the parties to take certain measures to preserve either or both parties’ rights pending the outcome of the case. In doing so, this …
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
American University International Law Review
Courts in the United States are fond of analogizing treaties to contracts. The U.S. Supreme Court has done so on numerous occasions, as have nearly all federal circuit courts. Indeed, the treaty-as-contract trope has permeated U.S. legal discourse since at least the early 1800s when Chief Justice John Marshall wrote in Foster v. Neilson that “[a] treaty is in its nature a contract between two nations, not a legislative act.”
Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte
Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte
American University International Law Review
Copyright, at international, European, and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international …
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
American University International Law Review
El fenómeno del cambio climático es una de las mayores amenazas para la garantía y protección de los derechos humanos a nivel global. Las consecuencias adversas del cambio climático, tales como incremento en el nivel del mar, el aumento de eventos meteorológicos extremos, la perdida de biodiversidad y las sequías, son susceptibles de ocasionar varias violaciones a los derechos humanos en las Américas. Estas violaciones a los derechos humanos se manifiestan con mayor intensidad en determinados grupos poblacionales que se encuentran expuestos de forma desproporcionada a la degradación medioambiental debido a su vinculación especial con los recursos naturales, pero también, …
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina, Sebastian Sauter Odio
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina, Sebastian Sauter Odio
American University International Law Review
El cambio climático es el resultado de la emisión de gases de efecto invernadero (GEI) producto de actividades antropogénicas. Al ser el sector energético el mayor contribuyente de GEI a nivel mundial, los esfuerzos para mitigar el cambio climático deben comprender la transformación de la matriz energética, hoy basada prioritariamente en la combustión de hidrocarburos, a una que involucre una mayor participación de las energías renovables.
La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?, David Delgado
La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?, David Delgado
American University International Law Review
El cambio climático es un fenómeno mundial que, acelerado por las actividades humanas, provoca grave degradación ambiental causando olas de migración humana y atentando contra el derecho a la vida. Estas actividades, algunas toleradas por la comunidad internacional, provocan el desplazamiento internacional no solo de habitantes de Estados insulares, sino también de terrestres como Ecuador y Colombia. Sin embargo, a pesar que la migración por causas ambientales es un fenómeno mundial cada vez más frecuente, no existe protección internacional para quienes se ven obligados a realizarla. El presente articulo expone la migración ambiental que sufren las comunidades indígenas que habitan …
One Choice Is No Choice At All: Indonesia Is Violating The International Covenant On Civil And Political Rights By Requiring Political Parties To Adhere To Its National Ideology Of Pancasila, Daniel Brezina
American University International Law Review
This Comment argues that Indonesia is violating Articles 1, 18, 22, 25, and 27 of the International Covenant on Civil and Political Rights by requiring that all political parties adhere to its national ideology of Pancasila. This Comment will introduce the ideology of Pancasila and explain how Indonesia came to require political parties to adhere to the ideology. This Comment will also explain what rights the ICCPR guarantees and introduce the UN Human Rights Committee, which is tasked with monitoring signatories’ compliance with the ICCPR. This Comment will explain how Indonesia’s requirement violates several Articles of the ICCPR, including how …
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
American University International Law Review
A primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech …