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Full-Text Articles in International Law
Opening Speech, Claudio Grossman
Opening Speech, Claudio Grossman
American University Law Review
Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
American University Law Review
I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”
Just getting to say Judge Hilary Charlesworth alone is very meaningful. She is only the fifth woman judge out of 110 total judges on the International Court of Justice (ICJ) so far. Thanks to hard work by feminist international lawyers like her, there is finally an uptick in women’s …
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Georgia Journal of International & Comparative Law
No abstract provided.
Decentering Human Rights From The International Order Of States: The Alignment And Interaction Of Transnational Policy Channels, Radu G. Mares
Decentering Human Rights From The International Order Of States: The Alignment And Interaction Of Transnational Policy Channels, Radu G. Mares
Indiana Journal of Global Legal Studies
This article accounts for recent developments in corporate social responsibility, international trade and investment law, international human rights law, development aid, and the laws of home states reaching extraterritorially in order to advance a regulatory perspective on commerce and human rights. While these developments are remarkable, the analysis documents the prevalence of softer strategies and a corresponding scarcity of coercive legalization strategies. The question, then, is how to reason about these recent developments and their genuine potential for human rights protection. The article proposes two elements-a root-cause orientation and the interaction of policy channels-as indispensable for a regulatory and systemic …
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
Indiana Journal of Global Legal Studies
The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec
The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec
Georgia Journal of International & Comparative Law
No abstract provided.
Global Warming - International Environmental Agreements - The 1992 United Nations Conference On The Environment And Development Most Likely Will Not Culminate In A Successfully Preventative Global Warming Treaty Without The United States' Support., Suzanne C. Massey
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium - The Prospective Role Of The United Nations In Dealing With The International Use Of Force In The Post-Cold War Period: An Analysis In Light Of The Persian Gulf Crisis, Georgia Journal Of International And Comparative Law
Symposium - The Prospective Role Of The United Nations In Dealing With The International Use Of Force In The Post-Cold War Period: An Analysis In Light Of The Persian Gulf Crisis, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula
Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula
Georgia Journal of International & Comparative Law
No abstract provided.
A Billion Dollar Donation: Should The United Nations Look A Gift Horse In The Mouth?, Stacy Williams
A Billion Dollar Donation: Should The United Nations Look A Gift Horse In The Mouth?, Stacy Williams
Georgia Journal of International & Comparative Law
No abstract provided.
Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras
Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras
Georgia Journal of International & Comparative Law
No abstract provided.
The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott
The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott
Georgia Journal of International & Comparative Law
No abstract provided.
Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu
Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu
Georgia Journal of International & Comparative Law
No abstract provided.
Extending Decolonization: How The United Nations Might Have Addressed Kosovo, Thomas D. Grant
Extending Decolonization: How The United Nations Might Have Addressed Kosovo, Thomas D. Grant
Georgia Journal of International & Comparative Law
No abstract provided.
No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell
No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell
Georgia Journal of International & Comparative Law
No abstract provided.
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
Georgia Journal of International & Comparative Law
No abstract provided.
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
Touro Law Review
This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …
Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira
Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira
Richmond Journal of Global Law & Business
Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the signature of Legal Stability Contracts (LSCs) between the State and investors for the purpose of stabilizing the rules guiding investment decisions, for up to 20 years. Legal stabilization has successfully proven to increase FDI inflows. Nevertheless, incentives for FDI have been subject to several critiques that stress the excess …
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson
Richmond Journal of Global Law & Business
Finally emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms promoting the “rule of law” in post-conflict countries.
This paper addresses arguments that early legal and economic reforms implemented by the Coalition Provisional Authority (CPA) and the Iraqi Interim Government (IIG) …
Address To The American International Law Association, Tal Becker
Address To The American International Law Association, Tal Becker
ILSA Journal of International & Comparative Law
It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.
International Control Of Iraqi Oil: How The Oil-For-Food Program Fits In, And Implications For The Future, Dawn Bell
Richmond Journal of Global Law & Business
No abstract provided.