Law Commons^™

The Relationship Between The Law Of Treaties And The Law Of State Responsibility With Reference To Non-Performance Of Treaty, Oluwateniola Akinbodewa Solape

Theses and Dissertations

The crisis of non-performance of international treaties in international law constitutes a fundamental challenge to the main foundation of international law, which ought not to be ignored. With treaty being a key source of international law, is it expedient that we pay attention to non-performance of treaty obligations, less we undermine the integrity of international law. Enforcing the performance of international treaties can be challenging due to the decentralized nature of the international legal system and the principles of state sovereignty. The law of treaties by itself doesn’t seem to provide much forum for responsibility for non-performance of treaties and …

Child Rights: The Prevalence Child Abuse And Neglect In The Nigerian Family Context, Chiluba Kosidinma Edo

Theses and Dissertations

Child abuse and neglect is an international enemy of child development. Around the world, child abuse and neglect are said to account for child mortality. The warning signs of child abuse and neglect are not always obvious. Child abuse, which is multi-faceted, includes exploitation, physical and sexual abuse, neglect, and emotional abuse. Specifically, child maltreatment constitutes neglect and all shades of abuse and exploitation, which result in actual or potential harm to the child’s health, continued existence, development, or dignity in the context of a relationship among others. Every existing society is made up of children who are seen as …

A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres

Golden Gate University Law Review

The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …

The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …

Putin’S Arrest Warrant: The What And The Why Of “Unlawful Deportation Of Children”, Maxwell Granger

GGU Law Review Blog

Earlier this year, the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin, president of the Russian Federation. The charge: unlawful deportation of children, a war crime. While there have been many calls to prosecute Mr. Putin for alleged war crimes in Ukraine (indeed, the United States even passed a new law which could allow such a prosecution in the U.S.), some might be wondering what “unlawful deportation of children” exactly entails and why the ICC chose this particular charge.

Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

Comment: Toxic: The Case Of Britney Spears Sheds Light On Issues With California Conservatorship Laws, Berenice Quirino

Golden Gate University Law Review

A conservatorship is a legal arrangement in which one person is responsible for the affairs of another, presumably because that person cannot manage alone. Britney was one of the estimated three million adults in the United States who cannot make decisions about their own lives. Instead, the court transfers the decision-making role to another person, known as a conservator. This drastically reduces the legal status of the person under conservatorship, known as a conservatee.

Britney’s case is a prime example of the difficulties associated with conservatorships. Since Britney’s conservatorship ended, California amended the law to address some of the concerning …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe

Theses and Dissertations

The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …

Human Rights In The Context Of Sustainable Development, Kuruvilla Mathen

Theses and Dissertations

The conceptual framework of “Sustainable Development,” with its three dimensions of economic growth, social development, and environmental protection, represents the result of several significant and far-reaching initiatives. On September 25, 2015, the United Nations General Assembly adopted Resolution A/RES/70/1, “Transforming Our World: the 2030 Agenda for Sustainable Development.” Resolution A/RES/70/1 propounded seventeen “Sustainable Development Goals (SDGs) and 169 targets,” with a planned implementation date of 2030.

This study examines issues of sustainable development. It presents arguments that the framework of sustainable development, in its economic, social, and environmental dimensions, encompasses legally cognizable human rights, grounded in provisions and principles of …

#Metoo And The Pursuit Of Women's International Human Rights, Benedetta Faedi Duramy

Publications

IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the entertainment, media, dining, and business industries following the onset of the #MeToo social media movement.' In the rest of the world, many people also embraced the online crusade by sharing the hashtag millions of times or creating their own versions of it. Feminists and scholars have since attempted to keep …

What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave

Publications

On International Women’s Day, with women facing challenges on equal pay, reproductive rights, sexual harassment and violent sexual assault, the topic of sudden, forced and unwanted kisses initially seems trivial, unworthy of consideration. However, Alva Johnson’s recent civil complaint against Donald Trump for kissing her on the side of her mouth, raises the question of whether such conduct should be criminal in the United States.

Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto

Golden Gate University Law Review

Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect …

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note urges …

Sanctuary Campuses: To Be Or Not To Be, That Is The Question, Renei Caballes

GGU Law Review Blog

In addition to cities affirming their status as sanctuaries to undocumented immigrants, college campuses have also pressured their administrations to declare their campuses sanctuaries in order to combat the President’s attacks on the undocumented members of their student bodies. Despite this pressure, many campuses are reluctant to definitively state whether or not they will be considered a “sanctuary campus” given the potential consequences of such a declaration, namely having their vital federal funding stripped. Further, for institutions that are willing to deem themselves sanctuary campuses, it is unclear just what a sanctuary campus will look like and entail. While sanctuary …

Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe

Annual Survey of International & Comparative Law

Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy …

The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah

Annual Survey of International & Comparative Law

This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on …

The Myth Of The “Welfare Queen”: Reproductive Oppression In The Welfare System, Emily R. Champlin

Poverty Law Conference & Symposium

This paper focuses on two major policy flaws that are rooted in the racist stereotype of the “welfare queen.” These policies work together to punish single motherhood and deny poor women the ability to control their own reproductive futures. They were enacted under the guise that they will stop the cycle of poverty. In reality, they drive women and families deeper into it.

First, in the background section, this paper gives an overview of the history of the “welfare queen” myth and the dramatic changes in the U.S. welfare system. In the analysis section, part one covers the family cap …

Review Of: Benedetta Faedi Duramy, Gender And Violence In Haiti: Women's Path From Victims To Agents, Jaya Ramji-Nogales

Reviews of Faculty Publications

Jaya Ramji-Nogales reviews Professor Duramy's book, Gender and Violence in Haiti: Women's Path from Victims to Agents (Rutgers University Press, 2014).

One Step Forward, Two Steps Back: A Brief History Of Legal Discriminations Against Women In Iran And The Violations Of International Human Rights, Delaram Farzaneh

Annual Survey of International & Comparative Law

In recent years Iran has primarily been under international scrutiny because of concerns over its development of a nuclear program. However, there have been other developments in Iran that also raise grave concerns among the international community. Since the 1990s, the Rights of Women have been one of the major categories of the United Nations Special Rapporteur on Iran. The current direction of the Iranian government, with regard to improving women’s fundamental rights, seems to be back to the “good old days” rather than towards modernizing and humanizing strict patriarchal law. To best understand these current backward steps, it is …

Reconciling Three Countries’ Current Laws With Human Rights In The Face Of International Law, Stacey Alicia Maalej Rusnak

Annual Survey of International & Comparative Law

The United Nations High Commissioner for Refugees [UNHCR] has published a landmark treatise to serve as a guide for adjudication of refugee claims made by LGBTI individuals. This treatise, known as Guidelines on International Protection No. 9, states that sexual orientation or identity is a protected category and that persecution based on those factors is grounds for refugee status and protection. This article discusses current violations of this protection in three countries: Uganda, Russia, and Nigeria. I shall first examine the relevant international law, and then review the history and current laws of each country. Finally, there is a comparative …

Reinforcing Demands For Gender Justice: The War Crimes Tribunal Of Bangladesh, Zakia Afrin

Publications

Ferdousi was one of the first women who came forward to acknowledge being a victim of rape and sexual slavery during the liberation war of Bangladesh in 1971. Today she has become part of the youth movement in Bangladesh, known as the Shahbag movement, supporting the International Crimes Tribunal and demanding the maximum penalty for those who are found guilty. In 2010, the Bangladesh Government, led by Sheikh Hasina, set up the International Crimes Tribunal and charged as many as 12 individuals for participating and assisting in war crimes and crimes against humanity during Bangladesh’s war of independence from Pakistan. …

Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish

Theses and Dissertations

This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts. …

Impediments To Human Rights Protection In Nigeria, Jacob Abiodun Dada

Annual Survey of International & Comparative Law

The promotion and protection of human rights have engaged the attention of the world community, and though the African country of Nigeria has subscribed to major international human rights instruments, violations continue to occur with disturbing frequency and regularity in that nation. Why is this so? This article examines the multifarious and multidimensional impediments which have hamstrung meaningful enjoyment of human rights in Nigeria. It points out the shortcomings of the dualist model under the Nigerian Constitution and stresses the objectionable wide amplitude of the derogation clauses. It also makes suggestions for reform.

Cite as: 18 Annl. Survey Int'l. Comp. …

United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil

Golden Gate University Law Review

Modern deportation procedure is circumscribed by regulations intended to guarantee fairness and uniformity. Federal regulations thus mandate that immigration judges inform noncitizens of their eligibility for relief from deportation in an effort to ensure that unrepresented respondents in immigration proceedings make informed decisions.

Unhappily, the U.S. Court of Appeals for the Ninth Circuit has recently limited this regulation-mandated duty to inform. In United States v. Lopez-Velasquez, the Ninth Circuit held that the duty to inform is not triggered when sources outside the Ninth Circuit indicate that relief may be possible because the relevant Ninth Circuit precedent is no longer …

Humanitarian Intervention In A Post-Iraq, Post-Darfur World: Is There Now A Duty To Prevent Genocide Even Without Security Council Approval?, Sarah Mazzochi

Annual Survey of International & Comparative Law

Is there now a right to unilateral humanitarian intervention in a post-Iraq, post-Darfur world? This Article seeks to answer that question.

Part I will address the background and historical evolution of unilateral humanitarian intervention as well as give examples of state action or inaction in cases of genocide. Part I will also give the legal framework for the U.N. Genocide Convention. Part II will discuss the law of humanitarian intervention as it is commonly accepted today. Part III will point to the future and argue that the law of humanitarian intervention should be, going forward, a jus cogens norm. Part …

Engaging The Legal Academy In Disaster Response, Rachel A. Van Cleave, Davida Finger, Laila Hlass, Anne S. Hornsby, Susan S. Kuo

Publications

More than six years ago, volunteer lawyers, law students, and law faculty from the Gulf Coast and around the country provided assistance to communities devastated by Hurricanes Katrina and Rita and the systemic failures of their own government. The volunteers provided much-needed support at a time when existing legal institutions were completely overwhelmed. Through their participation, the law students learned important firsthand lessons about the lack of equality in society, the possibility of redress through law, and the limitations of law.

Disasters present challenges and opportunities for law schools and other academic institutions with social justice missions because they expose …

Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander

Golden Gate University Law Review

Section I of this Comment provides a history of the Rwandan armed conflict and a description of the laws of armed conflict. It focuses on the basic laws of armed conflict, the Geneva Conventions and Additional Protocols, and describes how these laws have been interpreted by the ICTY and ICTR. Section II addresses the classification of the Rwandan armed conflict as a non-international conflict. This section discusses Ugandan support for the invading Rwandan Patriotic Front ("hereinafter RPF") and the murder of ten Belgian U.N. peacekeepers by Rwandan troops. The Section proposes changing the definition of an international conflict, thereby strengthening …

Extraterritorial Jurisdiction: A Step Towards Eradicating The Trafficking Of Women Into Greece For Forced Prostitution, Vicki Trapalis

Golden Gate University Law Review

The purpose of this article is to provide a survey of the international law instruments presently in existence to combat trafficking of women for forced prostitution. This article will develop suggestions for more effective implementation of existing international obligations. Specifically, this article proposes extraterritorial jurisdiction as an opportunity for international cooperation.

Rape As A Weapon Of War: Women's Human Rights During The Dissolution Of Yugoslavia, Elizabeth A. Kohn

Golden Gate University Law Review

This article will discuss rape as a violation of women's human rights in wartime, specifically addressing the mass rapes in Bosnia, and will analyze the human rights documents currently in place to prevent and punish this violation. The author will discuss the current initiatives before the United Nations (U.N.), such as the Draft Declaration on the Elimination of Violence Against Women. This article will also discuss whether international law can effectively protect women from human rights violations.