Law Commons^™

Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Doug Rendleman

Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Robert Percival

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …

Submission To The Australian Parliamentary Inquiry Into Slavery, Slavery-Like Conditions And People Trafficking, Anne T. Gallagher Ao

Anne T Gallagher

The Internationalization Of Constitutional Law, Herman Schwartz

Herman Schwartz

No abstract provided.

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

Diane Orentlicher

No abstract provided.

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

Claudio M. Grossman

No abstract provided.

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …

The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson

Dr Matilda Arvidsson

This poem comments on the political demography of international law, as both geographical and corporeal inscription, and presents the corporeality of ones own body as a placeholder for agency, resistance and renegotiation of the meaning of law and borders.

Towards A Global Parliament, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Human Rights In The Trenches: Using International Human Rights Law In "Everday" Legal Aid Cases, Martha F. Davis

Martha F. Davis

No abstract provided.

The Spirit Of Our Times: State Constitutions And International Human Rights, Martha F. Davis

Martha F. Davis

States have a direct responsibility to implement the U.S.'s international obligations in many areas governed by existing human rights treaties. This responsibility is drawn from the nature of federalism, the U.S. Constitution and from states' own constitutions. In light of the relatively populist structure of state governmental institutions, this implementation may be appropriately accomplished by state courts as well as the political branches of state governments. International law has a particularly important role to play in this process, particularly when courts construe states' affirmative constitutional grants - for example, for public health, education or welfare - that have no federal …

Global Health Justice: Towards A Framework Convention On Global Health—A Transformative Agenda For Global Governance For Health, Lawrence O. Gostin

Lawrence O. Gostin

Global health inequities cause 20 million deaths annually, mostly among the world’s poor. Yet, international law to reduce these inequalities is sparse. We propose a new global health treaty, a Framework Convention on Global Health (FCGH), based on the human right to health. Already endorsed by the UN Secretary-General, the FCGH would re-imagine global governance for health, offering a new post-Millennium Development Goals vision. A global coalition of civil society and academics has formed an international campaign to advocate for an FCGH—the Joint Action and Learning Initiative (JALI). This article provides the first systematic account of the goals and justifications …

Global Health Justice: Towards A Framework Convention On Global Health—A Transformative Agenda For Global Governance For Health, Lawrence O. Gostin

Lawrence O. Gostin

Global health inequities cause 20 million deaths annually, mostly among the world’s poor. Yet, international law to reduce these inequalities is sparse. We propose a new global health treaty, a Framework Convention on Global Health (FCGH), based on the human right to health. Already endorsed by the UN Secretary-General, the FCGH would re-imagine global governance for health, offering a new post-Millennium Development Goals vision. A global coalition of civil society and academics has formed an international campaign to advocate for an FCGH—the Joint Action and Learning Initiative (JALI). This article provides the first systematic account of the goals and justifications …

The Role Of Multilateral Environmental Agreements In Armed Conflict: “Green Keeping” In Virunga Park - Applying The Unesco World Heritage Convention In The Armed Conflict Of The Democratic Republic Of The Congo, Britta Sjöstedt

Britta Sjöstedt

No abstract provided.

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Access To Health Information Under International Human Rights Law, Molly Land

Molly K. Land

This article discusses whether and, if so, to what extent states are obligated under international treaty law to provide individuals, lay healthcare providers, professional healthcare providers, and policymakers with appropriate health information. The article concludes that health information is an essential component of many identified and established human rights. States party to treaties such as the International Covenant on Civil and Political Rights must provide and guarantee access to health information. Appropriate health information fosters meaningful social and political participation and ensures that individuals achieve and enjoy the rights afforded to them by international human rights law. This article provides …

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

Workshop On Protection Of The Environment In Relation To Armed Conflict, Rosemary Rayfuse, Britta Sjöstedt

Britta Sjöstedt

No abstract provided.

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Critical Theories Of Race And Racism In World Perspective, Angela P. Harris

Angela P Harris

This introduction to an edited collection on race and equality to be published by Ashgate Press surveys antidiscrimination law in a number of countries from a critical race theory perspective.

Reparations For The Uyghur Refugees Illegally Detained At Guantánamo Bay, Robin A. Lukes

Robin A. Lukes

The United States wrongfully captured a group of Uyghur refugees near the Afghanistan-Pakistan border and detained them at Guantánamo Bay. These detentions violated customary international law, conventions and treaties. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts outline reparations required for a violation of State obligations. In order to fully repair the grave damage inflicted on the Uyghur refugees by their illegal detention, the United States must provide restitution, compensation and satisfaction, including a resettlement option in the United States for the Uyghur refugees who were held or who currently are held at Guantánamo.

Global Law: The Spontaneous, Gradual Emergence Of A New Legal Order, Joshua D H Karton

Joshua Karton

This article argues that the debate over whether international law can apply to non-state actors misses the point. The useful distinction is not between rules that regulate the obligations of states and those that regulate the obligations of non-state actors, but rather between rules that regulate the reciprocal obligations of states to each other (international laws) and rules that set global standards that must be obeyed by all entities, state and nonstate alike, regardless of national laws and boundaries. This latter category is the emerging phenomenon of global law. Global laws take varying forms, but they all seek to bind …

On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo

Nick J. Sciullo

In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Customary Rules Of Interpretation In The Practice Of Wto Dispute Settlement Bodies, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul R. Williams, Anna F. Triponel

Paul Williams

The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader. This chapter examines the …

Doctor Frankenstein's International Orgnizations, Andrew T. Guzman

Andrew T Guzman

In the classic novel, Frankenstein, Doctor Frankenstein creates a living creature in the hope of cheating death. The monster, as the creature is called, horrifies Doctor Frankenstein, turns against him, and kills several people, causing the doctor to regret his decision to make the monster in the first place.

When states establish an international organization (IO), they create an institution with a life of its own on the international stage. Though states can, collectively, control the IO, without unanimity among them the organization can often act on its own. The danger for a state, then, is that its creation, like …