Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Human rights (4)
- Alien Tort Statute (2)
- Civil procedure (2)
- Civil rights (2)
- Criminal law (2)
-
- Criminal procedure (2)
- Dean Rusk (2)
- Discrimination (2)
- Ethics (2)
- ICC (2)
- International Criminal Court (2)
- Jurisdiction (2)
- Police (2)
- Section 1983 (2)
- 133 S. Ct. 1659 (2013) (1)
- 25th U.N. General Assembly (1)
- 542 U.S. 692 (2004) (1)
- A. Dicey (1)
- ATS (1)
- ATS jurisdiction (1)
- Administrative Committee on Co-ordination of the United Nations and the Specialized Agencies (1)
- Adrian Fisher (1)
- Age verification (1)
- Aggression (1)
- Alien & Sedition laws 1798 (1)
- American public law (1)
- Arab-Israeli case (1)
- Armaments (1)
- Article 19 of the UN Charter (1)
- Article 52 of the UN Charter (1)
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Jurisdiction
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser
Indiana Law Journal
This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.
Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
University of Miami Business Law Review
This article explores when corporations can be held liable under the Alien Tort Statute for human rights abuses that are committed outside of the United States. The Alien Tort Statute grants the United States district courts jurisdiction for torts committed against foreigners in violation of the law of nations. While the Alien Tort Statute concerns international law, it does not indicate whether the district courts have jurisdiction over disputes that involve conduct outside of the United States.
In this article, I focus my analysis on the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co. That case …
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Faculty Scholarship
This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …
Harmonizing Multinational Parent Company Liability For Foreign Subsidiary Human Rights Violations, Vivian Grosswald Curran
Harmonizing Multinational Parent Company Liability For Foreign Subsidiary Human Rights Violations, Vivian Grosswald Curran
Articles
A notable development of recent years has been the simultaneous legal invisibility and ubiquity of the giant multinational corporation where its subsidiaries operate elsewhere under legal structures that preserve the parent company from liability for the subsidiary’s conduct. This article focuses on multinationals whose parent company is at home in a developed country and subsidiaries operate in a developing state, and specifically where the foreign subsidiary is alleged to have violated norms of universal human rights. It examines current legal theory, and offers a comparative perspective on legislative and judicial traditions and innovations in several home states of large multinational …