Trial Monitoring Of People V. Cansu Pişkin (Turkey 2019),
2019
Columbia Law School
Trial Monitoring Of People V. Cansu Pişkin (Turkey 2019), Human Rights Institute, Stephen J. Rapp
Human Rights Institute
Between March and May 2019, TrialWatch monitors under the supervision of the
Columbia Law School Human Rights Clinic monitored the trial of Cansu Pişkin, a
journalist for the Turkish daily paper, Evrensel, in Istanbul, Turkey. Pişkin was charged with “making a public servant into a target for terrorist organizations” in violation of Section 6(1) of Law No. 3713, otherwise known as the Anti-Terror Law, for publishing the prosecutor’s name in her April 5, 2018 article, “Special Prosecutor for the Bosphorus Students.” On May 7, 2019, the Court convicted Pişkin and sentenced her to 10 months’ imprisonment (with the sentence pronouncement …
The Legal Position Of Multinational Corporation In International Law,
2019
Faculty of Law Universitas Indonesia
The Legal Position Of Multinational Corporation In International Law, Patricia Rinwigati
Jurnal Hukum & Pembangunan
It has been recognised that Multinational Corporation has played important role in international law particularly on economic matters and recently on human rights. Hence, the question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for MNC to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure. It is argued here that different theories used lead to different conclusion on the position of multinational corporation in …
Rochac Hernández Et Al. V. El Salvador,
2019
Loyola Marymount University and Loyola Law School
Rochac Hernández Et Al. V. El Salvador, Kimberly E. Barreto
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance of five children during El Salvador’s Civil War. The State forcedly took thousands of children to curb rebel forces in rural areas. Unsurprisingly, the Court found violation of several articles of the American Convention, but the case is notable because it addresses Article 19 (Rights of the Child), an article of the Convention rarely discussed.
The Global Food Security Act: America's Strategic Approach To Combating World Hunger,
2019
University of Arkansas, Fayetteville
The Global Food Security Act: America's Strategic Approach To Combating World Hunger, Michael Adkins
Journal of Food Law & Policy
The world’s farms currently produce enough calories to adequately feed everyone on the planet. From the 1960s through 2008, per capita food availability worldwide has risen from 2220 kilocalories per person per day to 2790. Specifically, developing countries have recorded a rise in kilocalories per person per day, from 1850 to 2640. Yet, despite overall availability, around 815 million people still suffer from hunger or some form of malnutrition. Approximately one in ten people are undernourished.
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences,
2019
Duke Law School
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
James T Gathii
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 …
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice,
2019
Loyola University Chicago, School of Law
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
James T Gathii
No abstract provided.
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims,
2019
Brooklyn Law School
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Brooklyn Law Review
The Center for Victims of Torture estimates that as many as 1.3 million torture victims are living in the United States, but few of them have ever sought recourse against their offenders. Instead, most victims of torture flee the region where they are at risk of being further victimized and seek refuge in the United States. Fortunately, the United States provides a judicial method of recovery for those who have suffered, even when that suffering took place abroad at the hands of a foreign individual. The Torture Victim Protection Act of 1991, or TVPA, allows torture victims to pursue damages …
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq,
2019
Pepperdine University
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Pepperdine Law Review
Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient to …
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons,
2019
Pepperdine University
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Journal of the National Association of Administrative Law Judiciary
In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment,
2019
William & Mary Law School
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging The Constitutionality Of Private Prisons: Insights From Israel,
2019
William & Mary Law School
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World,
2019
University of Leeds
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
Russell L. Weaver
Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …
Human Rights Law And The Investment Treaty Regime,
2019
Columbia Law School, Columbia Center on Sustainable Development
Human Rights Law And The Investment Treaty Regime, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with …
Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls,
2019
Dream On International, Africa and the United States
Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett
Dignity: A Journal of Analysis of Exploitation and Violence
Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …
Film Review: The Uncondemned,
2019
Kingston University
Film Review: The Uncondemned, Jessica M. Adach
Genocide Studies and Prevention: An International Journal
Film Review of The Uncondemned
The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health,
2019
Georgetown University
The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
A new report by The Lancet-O’Neill-Georgetown University Commission on Global Health and the Law shows how law can fulfill the global pledge of the human right to health, while “leaving no one behind.” I call this “global health with justice.” We need both health and justice. By global health, I mean ever increasing indicators of good health and increased longevity in all countries around the world. By justice I mean that the global “good” of health must be fairly distributed both within and among countries. The Lancet Commission report offers a comprehensive roadmap towards realizing the law’s power to make …
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives,
2019
Alexander Blewett III School of Law at the University of Montana
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts,
2019
Selected Works
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Stuart Ford
No abstract provided.
Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context,
2019
Brandeis University Heller School for Social Policy & Management
Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context, Brandy F. Henry
Concordia Law Review
This article users a human rights lens to examine prison privatization in the US. The analysis builds on the 2009 Israeli Supreme Court ruling against the privatization of prisons, which relied on the human rights theories of both decommodification and dignity. The Israeli interpretations of dignity, and decommodification theory as related to the privatization of prisons suggest that prison privatization results in the commodification of both the state and prisoner, through the improper delegation of governmental power, which results in an infringement of the prisoner's human right to dignity. This argument is examined in the context of US statute and …
Indigenous Women's Bodies: Primer Territorio De Defensa,
2019
University of San Francisco
Indigenous Women's Bodies: Primer Territorio De Defensa, Ana Gabriela Avalos Tizol
Master's Theses
The teen pregnancy “epidemic” in Guatemala is a focal point when international and national NGOs demand that the government protect the civil and political rights of girls. In accordance, the state created laws (legal age for marriage - Ordinance 13-2017), implemented penal codes (statutory rape - Article 173) and created Programa Vida (conditional cash transfer of Q. 1,500 - $200 every two months) to address this ‘epidemic.’ Yet, only sixty-one teen mothers were involved in the program by the first year in 2018, indicating its inaccessibility. This thesis proposes to challenge the dominant narrative on teenage pregnancies, which blames “Mayan …
