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Full-Text Articles in Law

Reforming The International Criminal Court: "Lean In" Or "Leave", Leila Nadya Sadat Jan 2020

Reforming The International Criminal Court: "Lean In" Or "Leave", Leila Nadya Sadat

Washington University Journal of Law & Policy

The International Criminal Court, established by statute by 120 states in 1998, is charged with bringing the rule of law into some of the most difficult and dangerous situations in the world. From its inception, it has faced criticism; however, now a “Leave” campaign has emerged. This Article argues that instead of this campaign, scholars and political leaders should lean in to bring about reforms in a constructive manner.


Sexual Violence, The Principle Of Legality, And The Trial Of Hissène Habré, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe Jan 2020

Sexual Violence, The Principle Of Legality, And The Trial Of Hissène Habré, Kim Thuy Seelinger, Naomi Fenwick, Khaled Alrabe

Washington University Journal of Law & Policy

The appeals panel of the Extraordinary African Chambers in the Courts of Senegal upheld the former president of Chad’s, Hissène Habré’s, conviction for war crimes, crimes against humanity, and acts of torture. This ruling stands out as the trial court’s convictions included rape and sexual slavery as crimes against humanity, which observers hailed as a tremendous victory for international criminal justice and rights of sexual violence survivors. Specifically, in Habré’s case, the determination turned on whether the crimes were considered violations of international law at the times they were committed. Using historical examples from various tribunals ...


Due Diligence To Prevent Foreseeable Harm: The International Human Rights Agenda On Civilian Gun Violence, Barbara A. Frey Jan 2019

Due Diligence To Prevent Foreseeable Harm: The International Human Rights Agenda On Civilian Gun Violence, Barbara A. Frey

Washington University Journal of Law & Policy

This article explains how firearms regulation became part of the United Nations’s human rights agenda. In 2002, the author of this article was appointed by a U.N. sub-commission to prepare a comprehensive study on the prevention of human rights violations committed with small arms and light weapons. The resulting report, which this article revisits, explained each U.N. member state’s responsibility to prevent its private individuals from using guns to violate others’ human rights. The article further discusses how the U.N. has developed an increased focus on the human rights aspects of gun violence in the ...


Gun Violence And Human Rights, Leila Nadya Sadat, Madaline M. George Jan 2019

Gun Violence And Human Rights, Leila Nadya Sadat, Madaline M. George

Washington University Journal of Law & Policy

This article challenges the prevailing narrative regarding gun rights in the United States by viewing them through the lens of human rights. In doing so, it makes five central claims. First, that the U.S. gun violence crisis implicates the rights enshrined in human rights treaties and customary international law. Second, that the U.S. government is responsible for addressing these rights violations. Third, that the U.S. government’s failure to do so is violative of its international human rights obligations. Fourth, that the Second Amendment does not pose a legal bar to the sorts of government actions that ...


Firearm Suicide As A Human Rights Priority For Prevention, Hannah S. Szlyk, Enoch Azasu, Sean Joe Jan 2019

Firearm Suicide As A Human Rights Priority For Prevention, Hannah S. Szlyk, Enoch Azasu, Sean Joe

Washington University Journal of Law & Policy

In addition to being a public health crisis, firearm suicide in the United States poses an ongoing threat to human rights of U.S. residents. This article argues that the U.S. is bound to act to honor its human rights obligations in this area. The article first reviews current statistics on firearm suicide in the U.S. It then outlines how the U.S. violates internationally established human rights by adhering to its current policies regarding firearms. Finally, the article suggests priorities for policy, public health intervention, and interdisciplinary education regarding access to firearms in the U.S.


Gun Violence And U.S. Obligations Under The Inter- American System For The Protection Of Human Rights, Christina M. Cerna Jan 2019

Gun Violence And U.S. Obligations Under The Inter- American System For The Protection Of Human Rights, Christina M. Cerna

Washington University Journal of Law & Policy

This article discusses the human rights aspects of gun violence from the perspective of the Organization of American States. The article explains the history, structure, and procedure of the OAS body that is charged with reviewing allegations of deprivations of human rights. Because exhaustion of claims at the national level is not required when the national law does not recognize a certain claim, the article argues that American victims of gun violence should be able to proceed directly to the international tribunal. In order for this to occur, the U.S. would need to ratify a treaty assenting to such ...


Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block Jan 2017

Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block

Washington University Journal of Law & Policy

This Article addresses the aftermath of the Great Recession specifically focusing on its effects at the local and statewide levels. Block uses the financial situation in Puerto Rico to detail the common presumption against the use of federal government assistance to financially-distressed subnational governments. Block then analyzes rebuttal arguments that the states and Puerto Rico might use to overcome the initial presumption against federal assistance and gives suggestions to facilitate the structuring of relief efforts in the rare circumstances when federal intervention is warranted.


Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat Jan 2017

Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat

Washington University Journal of Law & Policy

This Essay discusses the changing nature of legal education, focusing on the movement from national to global law schools, specifically within the context of globalization. Sadat details the development of international and comparative legal education at Washington University and reflects on their benefit to the School’s reputation. Sadat closes with a discussion of “Global Trumpism,” its potential impact on the Pax Americana, and the resulting effect on Washington University’s international and comparative legal education programs.


Towards 2030: Shortcomings And Solutions In Food Loss And Waste Reduction Policy, Emily Friedman Jan 2017

Towards 2030: Shortcomings And Solutions In Food Loss And Waste Reduction Policy, Emily Friedman

Washington University Journal of Law & Policy

This Note analyses the growing problems with food consumption and waste with regard to issues of hunger and environmental repercussions. Friedman first analyses the global food waste problem and how U.S. policies may be adding to the problem within the country. The Author relates these U.S. policies to those promulgated by the United Nations, those in Europe, and those at state and local levels. The Note argues the best approach toward addressing these problems will be a dual federal and state/local policy approach, including such methods as broadening USDA policies on grades and standards, creating tax incentives ...


“Snowed In” In Russia: A Historical Analysis Of American And Russian Extradition And How The Snowden Saga Might Impact The Future, William C. Herrington Jan 2015

“Snowed In” In Russia: A Historical Analysis Of American And Russian Extradition And How The Snowden Saga Might Impact The Future, William C. Herrington

Washington University Journal of Law & Policy

After Edward Snowden—an American citizen charged with theft and unauthorized communication of classified defense information (among other things)—was granted asylum by the Russian Federation, relations between the United States and Russia deteriorated rapidly. This Note analyzes the history of American and Russian extradition agreements and provides a sample extradition agreement that, if enacted prior to Russia’s asylum grant, may have altered the outcome.


E Unum Pluribus: After Bond V. United States, State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn J. Gibbons Jan 2015

E Unum Pluribus: After Bond V. United States, State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn J. Gibbons

Washington University Journal of Law & Policy

Intellectual property issues are among the most significant and hotly contested issues in foreign policy that require treaties that regulate private domestic actors. This Article analyzes two intellectual property examples, one from Berne Convention and the other from the Paris Convention, where state law supplements federal law to provide the minimum level of legal protection required under each treaty. The Article provides an overview of Bond v. United States and then analyzes whether the federal law of preemption or principles of international law require states to develop their law in a manner consistent with US foreign policy. The Article then ...


Delusions Of Adequacy? Examining The Case For Finding The United States Adequate For Cross-Border Eu-U.S. Data Transfers, Christopher Wolf Jan 2014

Delusions Of Adequacy? Examining The Case For Finding The United States Adequate For Cross-Border Eu-U.S. Data Transfers, Christopher Wolf

Washington University Journal of Law & Policy

This Article explores the European Union (EU) adequacy mechanism for assessing cross-border data flows, and highlights where U.S. law aligns with and differs from the EU approach to privacy. Following the Introduction, Part I explains how the EU adequacy mechanism works and how it has been applied in practice. Parts II and III then review the case for and against U.S. privacy law being deemed adequate under the EU privacy framework. The Article concludes with some thoughts on how cross-border data flows can be managed as both the United States and EU contemplate new privacy laws and a ...


Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong Jan 2014

Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong

Washington University Journal of Law & Policy

International commercial arbitration has long been the preferred means of resolving complex business disputes in the cross-border context. However, the international corporate community has become somewhat disenchanted with that particular mechanism because of concerns about rising costs, delays, and procedural formality. As a result, parties are looking for other means of resolving international commercial disputes. One of the more popular alternatives is mediation.

A question arises as to whether and to what extent international commercial mediation can serve as an adequate substitute for international commercial arbitration and, in particular, whether it can live up to the promise of delivering quick ...


Introduction, Karen L. Tokarz, Leila Nadya Sadat Jan 2014

Introduction, Karen L. Tokarz, Leila Nadya Sadat

Washington University Journal of Law & Policy

No abstract provided.


Mirror As Prism: Reimagining Reflexive Dispute Resolution Practice In A Globalized World, Kenneth H. Fox Jan 2014

Mirror As Prism: Reimagining Reflexive Dispute Resolution Practice In A Globalized World, Kenneth H. Fox

Washington University Journal of Law & Policy

As cooperative private international dispute resolution practices become increasingly common, it is tempting for conflict practitioners to assume that the human relations insights, skills, and practices that worked well for them at home will be equally effective (and appropriate) in an international, cross-cultural environment. However, exporting the ways we understand and interact with others in conflict from a domestic environment into new and different legal, political, economic, cultural, and social environments can be problematic. As a result, attending to the human dimension of conflict and interaction should be a central part of global negotiation and dispute resolution practice. That is ...


How To Conduct Effective Transnational Negotiations Between Nations, Nongovernmental Organizations, And Business Firms, Charles B. Craver Jan 2014

How To Conduct Effective Transnational Negotiations Between Nations, Nongovernmental Organizations, And Business Firms, Charles B. Craver

Washington University Journal of Law & Policy

As computers, the Internet, and efficient transportation systems have generated a truly global political and economic world, the extent of governmental and private transnational negotiating has significantly increased. International political entities—such as the United Nations and its affiliates and the World Trade Organization (WTO)—and regional political/economic groups—such as the European Union, the Group of Eight (G-8), the expanded Group of Twenty (G-20), and the North American Free Trade Zone—have increased the number of bilateral and multilateral governmental bargaining interactions. Nongovernmental organizations (NGOs) have become increasingly involved with issues that were previously addressed exclusively through governmental ...


Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil’S Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea K. Schneider, Kathryn Rimpfel Jan 2014

Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil’S Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea K. Schneider, Kathryn Rimpfel

Washington University Journal of Law & Policy

In the past decade, investor-state arbitration has made tremendous gains in both credibility and use. There is now widespread accession to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. States have executed more than 2,000 bilateral investment treaties (BITs) defining the terms and conditions under which one (“investor”) state’s nationals and companies will invest in the other (“host”) state. Such terms include provisions allowing foreign investors to initiate arbitration proceedings against the host state, and at this point, more than 500 disputes have been submitted to investor-state arbitration. There is, however ...


The Tools And Levers Of Access To Patented Health Related Genetic Invention In Canada, S. Tina Piper Jan 2009

The Tools And Levers Of Access To Patented Health Related Genetic Invention In Canada, S. Tina Piper

Washington University Journal of Law & Policy

This Article argues that there is a prevailing problem of access to genetic invention in Canada caused by disputes over intellectual property rights arising from conflicting normative orders.


The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne Jan 2009

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne

Washington University Journal of Law & Policy

Because innovation cycles in the plant breeding industry require five to fifteen years to create new stable varieties, the Multilateral System will not start producing effects for a few more years. However, the share of benefits derived from the commercialization of plant genetic resources that incorporate genetic material accessed from the Multilateral System should be fairly limited pursuant to the provisions of the Standard Material Transfer Agreement adopted by the International Treaty Governing Body in June 2006. This seems to vindicate the position of China and Ethiopia, which consisted of maintaining soybean and coffee outside the Multilateral System. Part I ...


The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo Jan 2009

The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo

Washington University Journal of Law & Policy

This Article will critically examine how effectively the new ITPGRFA combines these open source and proprietary elements and will conclude by comparing this commendable, albeit imperfect, Multilateral System with its potentially bipolar alternative—namely, the continuation of current controversies over the patentability of genetic materials and over reactive assertions of sovereignty over plant genetic resources.


From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition, Reg Graycar, Jenni Millbank Jan 2007

From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition, Reg Graycar, Jenni Millbank

Washington University Journal of Law & Policy

This Essay reflects on the approaches that Australia, and to a lesser extent New Zealand, have taken to relationship recognition, focusing in particular on the ways in which they have differed profoundly from what has happened in the United States. Specifically, the relationship recognition debate in Australia through the 1990s was characterized by the absence of any real interest in marriage and instead focused on developing more functional and adaptive models of relationship recognition, primarily through presumption-based models (for example, the ascription of relationship status). In this discussion we start, by way of background, with an explanation of the development ...


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


Protecting Traditional Agricultural Knowledge, Stephen B. Brush Jan 2005

Protecting Traditional Agricultural Knowledge, Stephen B. Brush

Washington University Journal of Law & Policy

Until the end of the last century, crop genetic resources were managed as public domain goods according to a set of practices loosely labeled as “common heritage.” The rise of intellectual property for plants, the commercialization of seed, the increasing use of genetic resources in crop breeding, and the declining availability of crop genetic resources have contributed to extensive revisions to the common heritage regime. Changes include specifying national ownership over genetic resources and use of contracts in the movement of resources between countries. This Essay explores the impact of these changes in cradle areas of crop domestication, evolution and ...


From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho Jan 2005

From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho

Washington University Journal of Law & Policy

The introduction in patent statutes of a requirement to disclose the origin of genetic resources and prior informed consent of the use of traditional knowledge in claimed inventions (hereinafter “the Requirement”) has been at the center of an international debate for the last few years. Many developing, biodiversity-rich countries consider that the Requirement is an essential component of a broader approach to patent law, which should be informed by considerations of economic development. At the other end of the spectrum, a few industrialized countries believe that the Requirement is not only incompatible with current international law, in particular the TRIPS ...


Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy Jan 2002

Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy

Washington University Journal of Law & Policy

This Essay considers the regulation of international trade in genetically modified agricultural products. Specifically, it addresses both products released into the environment as seeds and products intended for consumption as food. The first part of the Essay describes the significance of genetically modified organisms (GMOs) in modern agriculture, especially agriculture in the United States. This discussion summarizes the risks and potential benefits associated with the use of agricultural GMOs, especially the risks and benefits related to biodiversity. The Essay then briefly describes the approaches to the regulation of these products adopted in the Cartagena Protocol to the Convention on Biological ...


Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve Jan 2002

Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve

Washington University Journal of Law & Policy

This Essay first presents an overview of key legal principles that support sustainability. This Essay then reviews the major alleged risks of agricultural biotechnology. It then describes the existing U.S. and European agricultural biotechnology regulatory system designed to control those risks. Next, this Essay analyzes the existing U.S. regulatory system using sustainability principles. In the course of that analysis, this Essay considers lessons to be derived from three case studies: the permitting of Starlink™ corn, the discovery of Mexican maize containing genetically engineered corn genes, and the possible permitting of transgenic salmon for ocean fish farming. This Essay ...


Introduction: The Un And The Protection Of Human Rights, Stephen H. Legomsky Jan 2001

Introduction: The Un And The Protection Of Human Rights, Stephen H. Legomsky

Washington University Journal of Law & Policy

The essential premise of modern international human rights law is that there is still hope. Human rights activists today ask practical questions, not just philosophical ones. What specific, concrete actions can the world community, states, NGOs, and individuals take, and what mechanisms can they establish, to put an end to the madness?

In various ways, the contributors to the present colloquium address themselves to these fundamental questions. They come from different regions of the world, different professional experiences, and different personal backgrounds, but they have in common an unmistakable longing to solidify respect for human rights and the rule of ...


The International Criminal Tribunal For The Former Yugoslavia Comes Of Age: Some Observations On Day-To-Day Dilemmas Of An International Court, Patricia M. Wald Jan 2001

The International Criminal Tribunal For The Former Yugoslavia Comes Of Age: Some Observations On Day-To-Day Dilemmas Of An International Court, Patricia M. Wald

Washington University Journal of Law & Policy

I want to share my impressions of the way these newbreed international courts work, what problems beset our day-to-day functioning, and how we try to resolve those problems—all comprising the monumental task of making the Tribunal work in the way that will further justice and maybe even deter future reigns of terror both in war and in peace.


The Role Of The United Nations In The Prosecution Of International War Criminals, Richard J. Goldstone Jan 2001

The Role Of The United Nations In The Prosecution Of International War Criminals, Richard J. Goldstone

Washington University Journal of Law & Policy

There are serious war crimes to investigate. Thus, it is not acceptable that several years must pass before a UN ad hoc tribunal can begin its work. Justice must not be delayed. Aside from being inefficient, it is grossly unfair to expect victims of those horrendous crimes to wait before the wheels of justice begin to turn. Therefore, while the role of the UN in setting up the ad hoc tribunals has been fundamentally important, the route chosen for their establishment is not an efficient or desirable one.


Ups And Downs In Un History, Richard C. Hottelet Jan 2001

Ups And Downs In Un History, Richard C. Hottelet

Washington University Journal of Law & Policy

A peaceful world order was for centuries a noble, yet unattainable ideal, until President Woodrow Wilson called for action in the last year of the First World War. Sickened by four years of slaughter on the battlefields of Europe, the victors wrote a Covenant of the League of Nations into the Treaty of Versailles. It was the kiss of death. The Treaty was a nineteenth century peace—vengeful, greedy, and fearridden, which registered only the absence of any ethical and political architecture for a new era. The Senate and the people of the United States promptly rejected both the Treaty ...