Law Commons^™

Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller

Russell A. Miller

None available.

Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …

The Thoughtful Integration Of Mediation Into Bilateral Investment Treaty Arbitration, Nancy A. Welsh, Andrea Kupfer Schneider

Faculty Scholarship

While the current system of investment treaty arbitration has definitely improved upon the “gunboat diplomacy” used at times to address disputes between states and foreign investors, there are signs that reform is needed: states and investors increasingly express concerns regarding the costs associated with the arbitration process, some states refuse to comply with arbitral awards, other states hesitate to sign new bilateral investment treaties, and citizens have begun to engage in popular unrest at the prospect of investment treaty arbitration. As a result, both investors and states are advocating for the use of mediation to supplement investor-state arbitration. This Article …

The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer

David Barnhizer

It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …

The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer

David Barnhizer

It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …

New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer

David Barnhizer

Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …

Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay

Research Collection Yong Pung How School Of Law

As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby …

Shared Responsibility In International Law: A Conceptual Framework, Andre Nollkaemper, Dov Jacobs

Michigan Journal of International Law

In this Article we explore the phenomenon of shared international responsibility among multiple actors that contribute to harmful outcomes that international law seeks to prevent. We examine the foundations and manifestations of shared responsibility, explain why international law has had difficulty in grasping its complexity, and set forth a conceptual framework that allows us to better understand and study the phenomenon. Such a framework provides a basis for further development of principles of international law that correspond to the needs of an era characterized by joint and coordinated, rather than independent, action.

Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley

Publications

No abstract provided.

Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma

Dr. Saumya Uma

Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma

Dr. Saumya Uma