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Full-Text Articles in Law
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
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 …
Splitting Canada’S Northern Strategy: Is It Polar Mania?, C. Mark Macneill
Splitting Canada’S Northern Strategy: Is It Polar Mania?, C. Mark Macneill
Sustainable Development Law & Policy
On July 15, 2019, Prime Minister Justin Trudeau’s legislation splitting Indigenous and Northern Affairs Canada (INAC) into two new departments and dissolving INAC came into effect. The same legislation also formally established the mandates of the two new departments, Crown-Indigenous Relations and Northern Affairs (CIRNAC) and Indigenous Services Canada (ISC). The Government of Canada passed the legislation to develop deeper relations and higher levels of collaboration with Canada’s Indigenous people to build stronger and healthier northern communities. Dovetailing with the splitting of INC, Prime Minister Justin Trudeau announce the Arctic Policy Framework (APF). The APF was co-developed with indigenous, territorial, …
A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson
A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson
Sustainable Development Law & Policy
No abstract provided.
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Articles in Law Reviews & Other Academic Journals
On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …
Using International Law To Interpret National Constitutions-Conceptual Problems: Reflections On Justice Kirby's Advocacy Of International Law In Domestic Constitutional Jurisprudence, A. Mark Weisburd
American University International Law Review
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Popular Media
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …
The Internationalization Of Constitutional Law, Herman Schwartz
The Internationalization Of Constitutional Law, Herman Schwartz
Human Rights Brief
No abstract provided.
A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …