Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (72)
- Organizations Law (20)
- Human Rights Law (13)
- Transnational Law (10)
- Law and Economics (9)
-
- Social and Behavioral Sciences (9)
- Criminal Law (8)
- Public Law and Legal Theory (8)
- Courts (7)
- International Humanitarian Law (7)
- Banking and Finance Law (6)
- International Relations (5)
- Military, War, and Peace (5)
- Political Science (5)
- International Trade Law (4)
- International and Area Studies (4)
- Legislation (4)
- Commercial Law (3)
- Dispute Resolution and Arbitration (3)
- Health Law and Policy (3)
- Law and Politics (3)
- Law and Society (3)
- Administrative Law (2)
- Business Organizations Law (2)
- Civil Rights and Discrimination (2)
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- Environmental Law (2)
- Jurisdiction (2)
- Institution
-
- University of Michigan Law School (25)
- American University Washington College of Law (13)
- Selected Works (11)
- Maurer School of Law: Indiana University (8)
- University of Georgia School of Law (7)
-
- George Washington University Law School (6)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (5)
- SelectedWorks (5)
- Duke Law (4)
- Georgetown University Law Center (3)
- University of Denver (3)
- University of Pittsburgh School of Law (3)
- Columbia Law School (2)
- New York Law School (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Richmond (2)
- Vanderbilt University Law School (2)
- BLR (1)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Northern Illinois University (1)
- Notre Dame Law School (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- U.S. Naval War College (1)
- United Arab Emirates University (1)
- University of Kentucky (1)
- Publication Year
- Publication
-
- Michigan Journal of International Law (12)
- Articles (8)
- Articles by Maurer Faculty (7)
- Scholarly Works (7)
- GW Law Faculty Publications & Other Works (6)
-
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Scholarship (5)
- Contributions to Books (4)
- Law and Contemporary Problems (4)
- Michigan Law Review (4)
- Working Papers (4)
- Daniel D. Bradlow (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Human Rights & Human Welfare (3)
- International Relations: Politics, Economics, Law (3)
- Law & Economics Working Papers (3)
- Book Chapters (2)
- David B. Hunter (2)
- Law Faculty Publications (2)
- Sungjoon Cho (2)
- Vanderbilt Journal of Transnational Law (2)
- All Faculty Scholarship (1)
- Andrew T Guzman (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Christopher Bradley (1)
- Claire R. Kelly (1)
- College of Law Faculty Publications (1)
- Dalhousie Law Journal (1)
- Davinia Aziz (1)
- Diane M. Ring (1)
- Publication Type
- File Type
Articles 1 - 30 of 119
Full-Text Articles in Law
The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas
The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas
Faculty Lectures and Presentations
The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …
Implementing War Torts, Rebecca Crootof
Implementing War Torts, Rebecca Crootof
Law Faculty Publications
Under the law of armed conflict, no entity is accountable for lawful acts in war that cause harm, and accountability mechanisms for unlawful acts (like war crimes) rarely create a right to compensation for victims. Accordingly, states now regularly create bespoke institutions, like the proposed International Claims Commission for Ukraine, to resolve mass claims associated with international crises. While helpful for specific and politically popular populations, these one-off institutions have limited jurisdiction and thus limited effect. Creating an international “war torts” regime—which would establish route to compensation for civilians harmed in armed conflict—would better address this accountability gap for all …
The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra
The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra
International Law Studies
The release of the UN Security Council from the “veto chains” that characterized the Cold War has led it to intensively engage in a wide spectrum of conflicts and issues. This expanded activity has peaked around its “global legislation” attempts. Although often used in the legal literature, this term is vague and contested. Scholarly work occasionally discusses the Council’s alleged global legislation, but without initially offering a proper working definition of the term. Arguments both for and against are frequently laid incoherently and can roughly be divided into two types: those assessing the Council’s authority to engage in global legislation, …
The Right To Access Legal Information: Progress And Evolving Norms In A Digital Age, Heidi L. Frostestad
The Right To Access Legal Information: Progress And Evolving Norms In A Digital Age, Heidi L. Frostestad
College of Law Faculty Publications
The right to access information is a historically fundamental right according to international legal norms. During an era of increasingly complex innovation and burgeoning digital legal information, the tension between access and barriers to easily accessible legal information like encryption and privacy have changed the landscape of open access. This article addresses the traditional international law facilitation of open access to legal information and current legislative efforts for protection of these norms. It also offers a matrix of international and national initiatives as model regimes for this important right to access information and, especially, preserving open access to legal information.
Funding Global Governance, Kristina B. Daugirdas
Funding Global Governance, Kristina B. Daugirdas
Law & Economics Working Papers
Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …
Unrwa And Palestine Refugees, Susan M. Akram
Unrwa And Palestine Refugees, Susan M. Akram
Faculty Scholarship
This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the …
Protection Of Human Rights At The Commercial Companies Between International Principles And National Laws Of The Sultanate Of Oman, Amel Kamel Abdallah
Protection Of Human Rights At The Commercial Companies Between International Principles And National Laws Of The Sultanate Of Oman, Amel Kamel Abdallah
UAEU Law Journal
declares sources and contents of the obligation of respecting human rights imposed on business enterprises by initiatives of international organizations. Many violations of human rights had committed by Multinational companies, accordingly, international organizations, especially United Nations, tries to draft rules balancing between company’s desire of profit and ethical commitments. The most important rules in that field stated in the framework drafted by the special representative of UN Secretary General on the issue of human rights and transnational corporations and other business enterprises – John Ruggie (Ruggie Report 2008) .The Guiding Principles of Ruggie Report on Business and Human Rights Implements …
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
Scholarly Works
No abstract provided.
The Stellenbosch Consensus On Legal National Responses To Public Health Risks: Clarifying Article 43 Of The International Health Regulations, Roojin Habibi, Steven J. Hoffman, Gian Luca Burci, Thana Cristina De Campos, Danwood Chirwa, Margherita Cinà, Stéphanie Dagron, Mark Eccleston-Turner, Lisa Forman, Lawrence O. Gostin, Benjamin Mason Meier, Stefania Negri, Gorik Ooms, Sharifah Sekalala, Allyn Taylor, Alicia Ely Yamin
The Stellenbosch Consensus On Legal National Responses To Public Health Risks: Clarifying Article 43 Of The International Health Regulations, Roojin Habibi, Steven J. Hoffman, Gian Luca Burci, Thana Cristina De Campos, Danwood Chirwa, Margherita Cinà, Stéphanie Dagron, Mark Eccleston-Turner, Lisa Forman, Lawrence O. Gostin, Benjamin Mason Meier, Stefania Negri, Gorik Ooms, Sharifah Sekalala, Allyn Taylor, Alicia Ely Yamin
Georgetown Law Faculty Publications and Other Works
The International Health Regulations (IHR), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to global health emergencies such as the ongoing COVID-19 pandemic. Countries are permitted to exercise their sovereignty in taking additional health measures to respond to such emergencies if these measures adhere to Article 43 of this legally binding instrument. Overbroad measures taken during recent public health emergencies of international concern, however, reveal that the provision remains inadequately understood. A shared understanding of the measures legally permitted by Article 43 is a necessary step in …
The Stellenbosch Consensus On The International Legal Obligation To Collaborate And Assist In Addressing Pandemics: Clarifying Article 44 Of The International Health Regulations, Margherita Cinà, Steven J. Hoffman, Gian Luca Burci, Thana Cristina De Campos, Danwood Chirwa, Stéphanie Dagron, Mark Eccleston-Turner, Lisa Forman, Lawrence O. Gostin, Roojin Habibi, Benjamin Mason Meier, Stefania Negri, Gorik Ooms, Sharifah Sekalala, Allyn Taylor, Alicia Ely Yamin
The Stellenbosch Consensus On The International Legal Obligation To Collaborate And Assist In Addressing Pandemics: Clarifying Article 44 Of The International Health Regulations, Margherita Cinà, Steven J. Hoffman, Gian Luca Burci, Thana Cristina De Campos, Danwood Chirwa, Stéphanie Dagron, Mark Eccleston-Turner, Lisa Forman, Lawrence O. Gostin, Roojin Habibi, Benjamin Mason Meier, Stefania Negri, Gorik Ooms, Sharifah Sekalala, Allyn Taylor, Alicia Ely Yamin
Georgetown Law Faculty Publications and Other Works
The International Health Regulations (IHR), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to potential global health emergencies such as the ongoing covid-19 pandemic. While Article 44 of this binding legal instrument requires countries to collaborate and assist each other in meeting their respective obligations, recent events demonstrate that the precise nature and scope of these legal obligations are ill-understood. A shared understanding of the level and type of collaboration legally required by the IHR is a necessary step in ensuring these obligations can be acted upon …
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Law & Economics Working Papers
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international …
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Law & Economics Working Papers
There are two reasons to consider obligations to supervise international organizations as a distinct category of due diligence obligations. First, due diligence obligations typically require states to regulate third parties in some way. But it is harder for states to regulate international organizations unilaterally than to regulate private actors within their own territories because international law protects the autonomy of those organizations. Second, such due diligence obligations merit attention because they may compensate for the dearth of mechanisms to hold international organizations accountable when they cause harm. These accountability concerns are especially acute when it comes to private individuals who …
Welcoming Participation, Avoiding Capture: A Five-Part Framework, Melissa J. Durkee
Welcoming Participation, Avoiding Capture: A Five-Part Framework, Melissa J. Durkee
Scholarly Works
What role should non-state actors have in the work of international organizations? It is particularly fitting that this panel is titled “between participation and capture,” because the phrase calls up the conflicting values that animate this question. When we think of non-state actors “participating” in the work of international organizations, we think about open, transparent organizations that are receiving the benefit of diverse perspectives and expertise. We may associate this phrase with process, access, and legitimacy in governance. On the other hand, when we think about non-state actors “capturing” the agenda of international organizations, we have a conflicting set of …
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Shuricht
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Shuricht
Book Chapters
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies—and by actually providing effective remedies—international organizations can rebut arguments …
The Need For Thailand To Accede To Conventions On Statelessness, Pattranan Ruamsuk
The Need For Thailand To Accede To Conventions On Statelessness, Pattranan Ruamsuk
Maurer Theses and Dissertations
‘Statelessness’ is a global phenomenon that refers to the lack of nationality of an individual. Although the issue of statelessness can be understood as the lack of nationality or the protections based on nationality, the solutions can be complicated because they interfere with the sovereign power of the state. Thailand is home to one of the largest stateless populations in the world. It has been working on solving the problem of statelessness with the help of international organizations, such as the United Nations and the Adventists Development and Relief Agency. However, despite the positive developments in Thailand, there are still …
Reacting Against Treaty Breaches, Bruno Simma, Christian J. Tams
Reacting Against Treaty Breaches, Bruno Simma, Christian J. Tams
Book Chapters
States regularly proclaim the sanctity of treaty obligations and few principles are as firmly established as pacta sunt servanda. Yet, treaty breaches are by no means exceptional: adapting one of international law's most celebrated statements, one might even say that 'almost all nations, almost all the time, consider their rights under a given treaty to be violated: By way of a snapshot, at the time of writing, eleven of fourteen active contentious cases pending before the International Court of Justice (ICJ) involve claims, by one State, that a certain treaty has been violated. And this ignores the many treaty breaches …
Stakeholder Preferences And Priorities For The Next Wto Director General, Matteo Fiorini, Bernard Hoekman, Petros C. Mavroidis, Douglas Nelson, Robert Wolfe
Stakeholder Preferences And Priorities For The Next Wto Director General, Matteo Fiorini, Bernard Hoekman, Petros C. Mavroidis, Douglas Nelson, Robert Wolfe
Faculty Scholarship
The WTO is looking for a new Director-General (DG). What does the trade community think is needed? This paper reports on the results of an expert survey undertaken as part of a research project on global trade governance at the European University Institute to solicit views on what WTO members and the international trade community consider the most important attributes of candidates for the position, as well as views on the substantive policy and institutional reform priorities confronting the WTO – and thus the new DG. The results suggest strong support for someone with managerial and political experience, and a …
Multilateral Development Banks, Their Member States And Public Accountability: A Proposal, Daniel D. Bradlow
Multilateral Development Banks, Their Member States And Public Accountability: A Proposal, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
More than 25 years ago the multilateral development banks (MDBs) began establishing independent accountability mechanisms (IAMs), such as the World Bank’s Inspection Panel, to address concerns about MDB accountability to those communities and groups who were harmed by their decisions and actions. This essay argues that these mechanisms need updating. In the interests of promoting new and creative thinking about these mechanisms, it makes an ambitious two-part proposal designed to improve the efficacy of the IAMs, while also respecting the sovereignty of their member states and protecting an appropriate level of immunity for the MDBs. First, the MDBs should jointly …
Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance
Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance
Georgetown Law Faculty Publications and Other Works
In the last several years, there has been an increasing tendency to view the impacts of transnational business operations through the lens of human rights law. A major obstacle to holding companies accountable for the harms that they impose, however, has been the separate legal identity of corporate subsidiaries and of contractors in a company's supply chain. France's recently enacted duty of vigilance statute seeks to overcome this obstacle by imposing a duty on companies to identify potential serious human rights violations by their subsidiaries and by companies with which they have an “established commercial relationship.” Failure to engage in …
Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov
ProAcademy
This article examines the legal content and frameworks of the application of the privileges and immunities of the representative offices of international organizations in member states. It contains a detailed analysis and deliberation of the legal basis of privileges and immunities of representative offices of international organizations in Member States. The article tries to clarify and highlight the most pressing issues concerning the application of privileges and immunities of representations of international organizations, and propose some practical solutions to those issues.
Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev
Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev
Review of law sciences
The article deals with the issues of institutional cooperation of Uzbekistan in the field of labor migration with international institutions and specialized agencies. A number of proposals are made to improve the cooperation of a bilateral agreement by introducing changes and additions as well as the accession of Uzbekistan to universal and other international treaties regarding labor migration.
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.
This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …
Multilateralism’S Life-Cycle, Harlan G. Cohen
Multilateralism’S Life-Cycle, Harlan G. Cohen
Scholarly Works
Does multilateralism have a life-cycle? Perhaps paradoxically, this essay suggests that current pressures on multilateralism and multilateral institutions, including threatened withdrawals by the United Kingdom from the European Union, the United States from the Paris climate change agreement, South Africa, Burundi, and Gambia from the International Criminal Court, and others, may be natural symptoms of those institutions’ relative success. Successful multilateralism and multilateral institutions, this essay argues, has four intertwined effects, which together, make continued multilateralism more difficult: (1) the wider dispersion of wealth or power among members, (2) the decreasing value for members of issue linkages, (3) changing assessment …
International Lobbying Law, Melissa J. Durkee
International Lobbying Law, Melissa J. Durkee
Scholarly Works
An idiosyncratic array of international rules allows nonstate actors to gain special access to international officials and lawmakers. Historically, many of these groups were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: The international rules rules also offer access to industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their …
General Characteristics Of The Sources Of International Sports Law, F. Kayumov
General Characteristics Of The Sources Of International Sports Law, F. Kayumov
International Relations: Politics, Economics, Law
In the article there is given a general overview of the sources of the international sport law, which is a new dynamically developing branch of law. The author underlines that international sport law unites norms of international law and national legislation regulating sport relations of international nature.
Legal Nature Of The Status Of Representative Offices On The Territory Of The Member States Of International Organizations, Sh. Rakhmanov
Legal Nature Of The Status Of Representative Offices On The Territory Of The Member States Of International Organizations, Sh. Rakhmanov
International Relations: Politics, Economics, Law
In the present article, the legal nature of representative offices of the international organizations in the territory of member states is opened. In article the international-legal status, including immunities and the privilege of representative offices of the international organizations in the territory of member states are opened. In this direction, a number of shortcomings of the Vienna convention of 1975 are defined and the corresponding practical recommendations about their overcoming in this direction are submitted.
Using A Shield As A Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow
Using A Shield As A Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
The starting point for this paper is that IOs are as subjects of international law. Since IOs do not control territory or a population and so always operate within the jurisdiction of one of their member states, they are vulnerable to interference by their member states. In order to mitigate this risk, IOs have been granted qualified immunity, usually referred to as functional immunity, from the jurisdiction of their member states. For most of the twentieth century, this grant of functional immunity made sense for two reasons.
First, the founding states envisaged that IOs would have limited capacity to act …
A Review Of The Scientific Literature Regarding Reservations In International Law, N. Fayzullaeva
A Review Of The Scientific Literature Regarding Reservations In International Law, N. Fayzullaeva
International Relations: Politics, Economics, Law
The main principle of the participance of Uzbekistan in international agreements is based on the defence of interest of the country and its position. In this regard the right to use reservations in international agreements is very important. So that it is neccessary to research main trends in the use of reservations, their implementation in national regime in the view of cooperation of Uzbekistan in international organizations.
International Adjudicative Bodies, Chiara Giorgetti
International Adjudicative Bodies, Chiara Giorgetti
Law Faculty Publications
The past fifty years have seen a tremendous rise in international litigation. There are more parties who are more prone to use international law mechanisms to resolve their disputes, and more international actors have more forums available to them to which they can bring their disputes. Indeed, the multifaceted growth of international dispute resolution is one of international law's most important and interesting recent developments.
At the heart of this development are international adjudicative bodies, a diverse group of international bodies that have a common dispute settlement function, the outcome of which is binding on the parties. This chapter examines …
Industry Lobbying And "Interest Blind" Access Norms At International Organizations, Melissa J. Durkee
Industry Lobbying And "Interest Blind" Access Norms At International Organizations, Melissa J. Durkee
Articles
The standard approach of international organizations (IOs) makes no formal distinctions between nonprofit private sector associations, known as trade or industry groups, and public interest groups like Amnesty International or Greenpeace. After all, these groups are all organized as nonprofits; they may all be characterized as nongovernmental organizations representing the interests of their memberships; and the groups all seek to advance the agendas of members by offering ideas and expertise to international officials or bodies—classic lobbying activity. Thus, most IOs offer accreditation and access to both private sector and public interest groups on equal terms, without differentiating between them. I …