U.S. Naval War College
William & Mary Law School
U.S. Naval War College
Ph.D Student, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran
University of San Francisco
Penn State Law
The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?,
2023
Faculty of Law and Public Administration Birzeit University, Birzeit, Ramallah, Palestine
The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?, Yaser Amouri Dr., Saja Majdoubeh Ms.
UAEU Law Journal
While regional human rights charters are established to consider the specificities of their respective regions and are expected to provide either undiminished or restricted protection, aiming to create a more equitable protection system than the international one, the regional charters have often followed the same path as the international agreements. In these charters, certain provisions have been included under the pretext of "public interest" to restrict certain group rights. Undoubtedly, this term has directly influenced court decisions within regional human rights protection systems, leading to various limitations on human rights and granting courts the power to subject these rights to …
Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty,
2023
Kellogg College
Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather
Online Publications
The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.
Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts,
2023
Northwestern Pritzker School of Law
Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako
Northwestern University Law Review
It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …
Awakening The Law Of Contraband In The Russia-Ukraine Conflict,
2023
U.S. Naval War College
Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink
International Law Studies
Following the collapse of the Black Sea Grain Initiative, both Russia and Ukraine announced measures against shipping that may have introduced counter-contraband operations into the maritime dimension of the Russia-Ukraine conflict. The law of contraband, which is at the heart of the law of naval warfare, regulates such operations. The law of contraband has, however, not been often used in current conflicts and some of its details are not crystalized as generally accepted law. Awakening this instrument in the current conflict brings questions for both belligerents and non-State parties, some of whom have adopted a position of qualified neutrality that …
Marriage Equality Judgment: The Missing Case Of International Covenants,
2023
National Law School of India University, Bengaluru
Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra
Popular Media
This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers,
2023
Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Writing And Resisting Colonial Genocide,
2023
Osgoode Hall Law School of York University
Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong
Articles & Book Chapters
Canada has pursued policies of Indigenous assimilation and annihilation, many of which continue today. Among others, these include ‘Indian residential schools’, the Indian Act, welfare-state child removals, the Sixties Scoop, the prohibition of cultural practices, forced sterilization and environmental destruction. We are scholars co-leading a large interdisciplinary programme of research studying ‘colonial genocide’. Our research seeks to understand how historic colonialism and its contemporary manifestations rely on genocidal logic for power and profit. While we begin in Turtle Island, our work has global application. The act of naming is a powerful analytical and political tool, and ‘genocide’ is one of …
Does International Humanitarian Law Confer Undue Legitimacy On Violence In War?,
2023
U.S. Naval War College
Does International Humanitarian Law Confer Undue Legitimacy On Violence In War?, Kieran R.J. Tinkler
International Law Studies
International humanitarian law is lauded as a civilizing force that seeks to limit the effects of war for humanitarian reasons. There is, however, an increasing sense that IHL has facilitated rather than restrained military operations by conferring undue legitimacy on violence in war. This article focuses on the nature of the relationship between legitimacy and IHL to ascertain whether this is indeed the case. It concludes that, while IHL alone cannot confer "normative legitimacy" on battlefield conduct, it does frame "empirical legitimacy." Whether such legitimacy is unwarranted is, ultimately, best judged by reference to morality. Yet insistence on the pre-eminence …
The 2011 Somalia Famine,
2023
American University in Cairo
The 2011 Somalia Famine, Aya Ahmed
The Undergraduate Research Journal
In early 2011, the citizens of Somalia became unable to access basic human necessities such as food and water until the situation changed dramatically, leading to the daily death of thousands of human beings. This research paper tackles the negative consequences resulting from the Al-Shabaab movement, a movement who has the belief that applying the Sharia (Islamic Law) is the only valid solution to any issue as it is supported by the Sunni Islam, political issues, and the delay of the famine’s declaration. This research begs several questions which are: what were the factors which led to Somalia’s famine in …
The Legal Boundaries Of (Digital) Information Or Psychological Operations Under International Humanitarian Law,
2023
U.S. Naval War College
The Legal Boundaries Of (Digital) Information Or Psychological Operations Under International Humanitarian Law, Tilman Rodenhäuser
International Law Studies
“Information operations” or “psychological operations” have long been part of armed conflicts. Among Western militaries, they are commonly understood as the employment of communication or other means to influence the views, attitudes, or behavior of adversaries or civilian populations to achieve political and military objectives. Chinese military strategy describes “psychological offense and defense” as “a combat action that uses specific information and media to influence the psychology and behavior of the target object through rational propaganda, deterrence and emotional guidance based on strategic intentions and combat missions.” Likewise, Russian military doctrine elaborates on concepts such as “psychological warfare” and on …
A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform,
2023
Brooklyn Law School
A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers
Brooklyn Journal of International Law
Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …
A Genocide The World Has Ignored: Holding Governments And The Catholic Church Accountable For Residential And Boarding Schools Through The Icc,
2023
Brooklyn Law School
A Genocide The World Has Ignored: Holding Governments And The Catholic Church Accountable For Residential And Boarding Schools Through The Icc, K. R. Redhage
Brooklyn Journal of International Law
The United States, Canada, and the Catholic Church committed genocide in an effort to control Indigenous people and steal their land. By various means, over the course of hundreds of years, these extant powers perpetrated this genocide, and the effects continue to be felt in Indigenous communities to this day. The residential and boarding school systems, which were only disbanded in the 1980s, are two examples of tools created by these governments and the Catholic Church, which led to tens of thousands of deaths of indigenous children and robbed many more of their families, culture, language, and traditions. This article …
Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights,
2023
Brooklyn Law School
Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro
Brooklyn Journal of International Law
The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …
Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights,
2023
Elisabeth Haub School of Law at Pace University
Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual
Pace International Law Review
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on environmental social and governance and increasing corporate accountability. It then expands on defining non- financial information and ESG reporting with regards to recent European Union Regulations (SFDR, Taxonomy) as well as the challenges associated with defining sustainable investments. This article aims to compare and understand the various regulatory strategies …
Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk,
2023
School of Law, Birmingham City University
Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk, Alice Storey
Pace International Law Review
Hailed as an international human rights innovation, the UN Human Rights Council’s Universal Periodic Review (“UPR”) is a peer-review mechanism that assesses the protection and promotion of human rights in all 193 UN Member States, including intergovernmental and civil society input. Importantly, within the UPR, other Member States provide recommendations to each state under review on how it can improve human rights on the ground. States can decide to accept or note recommendations and should then go on to implement those that are accepted. The recommendations are a fundamental part of the UPR process, yet they are not always formulated …
Prisoner Of War Status And Nationals Of A Detaining Power,
2023
U.S. Naval War College
Prisoner Of War Status And Nationals Of A Detaining Power, W. Casey Biggerstaff, Michael N. Schmitt
International Law Studies
This article examines whether a Detaining State is obliged to recognize prisoner of war status for its own nationals under Article 4A of the 1949 Geneva Convention III. It begins with an assessment of that article from the perspective of established principles for construing treaty provisions. It then adds context to that assessment by examining relevant scholarship and State practice regarding its prescriptions before and after the Convention’s negotiation and adoption. Although it concludes that denying prisoner of war status to a national of the Detaining Power is the more persuasive interpretation of Article 4A, it concludes by highlighting the …
International Agreements Shaping Migration Solutions,
2023
American University Washington College of Law
International Agreements Shaping Migration Solutions, Camilo Mantilla
Refugee Law & Migration Studies Brief
In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.
Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy,
2023
American University Washington College of Law
Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman
Refugee Law & Migration Studies Brief
Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments,
2023
American University Washington College of Law
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Refugee Law & Migration Studies Brief
First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …
