International Law Commons^™

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy

Publications

This article will first offer a functional synopsis relevant to its remit, of the concept of sustainable development (SD) embodied in international law and policy that reflects a tension between economic and social claims as contrasted with environmental protection. While the dominant place acquired by the economic and social dimensions of SD will be recognized, it will argue consistent with the predicate of justice discussed in the article, that the protection of the human environment encompasses the plight of the energy poor and their women and children. Second, the article will delineate the contours of one of the great developmental …

The Viability And Sustainability Of Landlocked States Under International Law Vis-A-Vis Municipal Law: The Case Of South East States Of Nigeria, Christian N. Okeke

Publications

This paper has been divided broadly into two parts; the first deals with landlocked independent states under international law while the second part deals with the unique position of Southeast states and what lessons they can learn from the experiences of landlocked states in trying to create, within Nigeria, an economic powerhouse that would not only benefit the region but the country as a whole.

Model Law On Lighting For Developing Countries, Lakshman Guruswamy, Audrey M. Huang, Mahir Haque, Ugyen Tshering

Publications

No abstract provided.

An Introduction To Foreign And International Legal Research Tools, Nick Harrell

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No abstract provided.

Introduction To Model Laws On Lighting, Lakshman Guruswamy

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No abstract provided.

Model Law On Lighting For Developed Countries, Lakshman Guruswamy, Jason Aamodt, Anne Aguirre, Yazan Fattaleh, Gianna Fitzsimmons, Teresa Milligan, Giedre Stasiunaite

Publications

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

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No abstract provided.

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy

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No abstract provided.

Towards An International Dialogue On The Institutional Side Of Antitrust, Philip J. Weiser

Publications

The antitrust world is now globalized and interconnected, requiring ever-increasing awareness as to how different agencies operate. The need to promote convergence on substantive doctrines has received, and will continue to receive, considerable attention. What is less appreciated is the need to focus on institutional design and practice, particularly as to the promotion of transparency and procedural fairness in the conduct of antitrust investigations. This Essay makes the case for such a focus, explaining how one of the healthy aspects of a multijurisdictional world is that sister agencies can challenge one another and model means of improving our institutional practices. …

The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin

Publications

Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s first Prime …

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

Publications

The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …

Report On The Second China-Asean Expo 18-21 October 2005, Nanning, Guangxi, China, Sompong Sucharitkul

Publications

This is a preliminary report on the Second CHINA-ASEAN Free Trade Area (CAFTA, aliter ACFTA for ASEAN-CHINA) Exposition at Nanning in Guangxi Zhuang Autonomous Region, People's Republic of China on 18-21 October 2005. The purpose of this report is to bring to the attention of international business circles, traders and investors alike from within and outside the CAFTA geographical confines new openings and continuing phenomenal growth in business and investment opportunities in the combined ASEAN-CHINA region of East and South-East Asia with a thriving body of 1.85 billion consumers, by far the largest potential single market on earth at any …

A Just World Under Law: A Just And Peaceful World Under The Rule Of Law, Sompong Sucharitkul

Publications

Presentation given to the Fourteenth Regional Meeting of the American Society of International Law in combination with the Fifteenth Annual Fulbright Symposium at Golden Gate University School of Law.

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

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No abstract provided.

Book Review, Mark J. Loewenstein

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No abstract provided.

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

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No abstract provided.

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave

Publications

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …

Sub-Regional Coalescence In European Regional Integration, Helen E. Hartnell

Publications

Analysts tend to view post-1989 East-West European integration through the unilateral lens of European Union (EU) enlargement or, rather more broadly, as a structural problem of integrating developed with developing countries. This article will assimilate these earlier approaches, but also move beyond them, by emphasizing the view from the peripheral area of Central and Eastern Europe. Significant developments taking place there have the potential to alter our way of thinking about the process of regional economic integration, in Europe if not elsewhere. The recent trends demonstrate a coalescence at the margins, a subregional solidification, which in tum suggests the advent …

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Publications

No abstract provided.

The Forgotten Link: Control In Section 482, Wayne M. Gazur

Publications

The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.

Rebirth Of Chinese Legal Scholarship, With Regard To International Law, Sompong Sucharitkul

Publications

The fate of Chinese legal scholarship appears to have been closely linked to the chronological development of legal education in China. The periods of incubation of legal scholarship covered nearly three decades of internal strife and political turmoil from 1949 to 1978. The rebirth of Chinese legal scholarship did not take place immediately upon China's return to the United Nations (in 1971). This return, however, marked the first sign of a change of policy towards legal scholarship. The author briefly describes the history, development and current status of (Chinese) legal scholarship and attitude towards international law in China.