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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2018 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati 2018 Duke Law School

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival 2017 University of Pennsylvania Law School

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival

Mark P Nevitt

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions.  Yet they differ dramatically in their governing legal regimes.  For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work.  Now climate change is challenging this model.  It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll 2017 Selected Works

Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll

Gregor Noll


In this contribution I argue that the asylum and migration control policies of the EU are usefully analysed as an expression of liberal thought. I will show how the roots of these policies go all the way back to the creation of the Union in the 50s and illustrate how this heritage affects the prevailing rules in the areas of migration and asylum. I shall also highlight how this order was paradoxically strengthened during the crisis of 2015 and 2016. I will explain why the concept of solidarity in EU law is poorly constructed and map possible solutions. If the ...


Personal Jurisdiction And Aliens, Scott Dodson, William Dodge 2017 University of California Hastings College of Law

Personal Jurisdiction And Aliens, Scott Dodson, William Dodge

Scott Dodson

The increasing prevalence of noncitizens in U.S. civil litigation raises a fundamental question for the doctrine of personal jurisdiction: how should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal jurisdiction, in cases like Bristol-Myers Squibb v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of alienage personal jurisdiction. Under this theory, alienage status broadens the geographic range for minimum contacts from a single state to the whole nation. This ...


A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose 2017 A Contrario International Criminal Law

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one ...


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak 2017 John Marshall Law School

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women ...


Gender, Displacement And Transitional Justice, Sinead McGrath 2017 University College Dublin

Gender, Displacement And Transitional Justice, Sinead Mcgrath

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer 2017 Hebrew University of Jerusalem

The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Serious problems exist for cultural heritage protection, and these problems are even more serious when accounting for the protection of sacred space and holy places. The lack of effectiveness of the majority of existing international norms and institutions will be reviewed in this paper, which shall then turn to potential sources for entrenching protection of scared space within states.

The paper shall rely on the human right to freedom of religion or belief as the basis for upholding sacred space given an emerging broader understanding of the right within the human rights framework.

The paper shall principally focus on the ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


Factors Affecting Domestic Refugee Policy Development: An Analysis Of South Korea’S Case, Yun Ju Kang 2017 Indiana University - Bloomington

Factors Affecting Domestic Refugee Policy Development: An Analysis Of South Korea’S Case, Yun Ju Kang

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Asia is no exception to the global refugee crisis. The number of asylum-seekers in Asian countries has escalated very quickly in recent years. In the United States, President Trump's recent executive orders suspended refugee admissions, and hostile immigration policy sparked the controversy about refugees.

The rising number of refugees and migrants from the Middle East, Africa, and South Asia created political conflicts inside the European countries. The refugee issue has emerged as a global problem.

How is the world dealing with these refugee situations? What are the common barriers in designing humanistic refugee policy, and what is the best ...


Faith-Based Approaches To Asylum: New Appeals To Accountability? Using Faith-Based Principles As Soft Law, Jinan Bastaki 2017 United Arab Emirates University

Faith-Based Approaches To Asylum: New Appeals To Accountability? Using Faith-Based Principles As Soft Law, Jinan Bastaki

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Can a faith-based approach encourage states to provide greater protection for those seeking refuge and asylum? In response to the fleeing of Syrian refugees to Turkey, Turkish President Recep Tayyip Erdogan stated numerous times that the Turkish were the anṣār — an Arabic word loosely translated as ‘supporters’ or ‘champions’ — of the Syrian refugees, making the reference to the people of the city of Medina who offered refuge and a home to Prophet Muhammad and his followers fleeing the persecution of Mecca.

The reference to the anār of Muhammad gives the impression that Turkey’s act of welcoming the ...


The Law Of The Sea Convention And Sea Level Rise After The South China Sea Arbitration, Stuart Kaye 2017 Australian National Centre for Ocean Resources and Security, University of Wollongong.

The Law Of The Sea Convention And Sea Level Rise After The South China Sea Arbitration, Stuart Kaye

International Law Studies

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have ...


Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson 2017 University of Maine School of Law

Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson

Maine Law Review

Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual ...


African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White 2017 University of Maine School of Law

African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White

Maine Law Review

This is an exciting time in Africa. Yes, of course it is true that the rise of fundamentalist political movements, armed conflict, epidemic diseases, and extreme poverty will challenge the continent for decades to come. I don’t need to tell you that. Yet at the same time, we are witness to what many call an “African Renaissance.” In many domains, including the arts, civil society, social provision, and democratic governance, African nations are beginning to take their place in a newly configured globe. One of these domains of energy, innovation, and hope is a new human rights movement. This ...


Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil 2017 University of Maine School of Law

Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil

Maine Law Review

Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique ...


The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer 2017 University of Maine School of Law

The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer

Maine Law Review

In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the ...


Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman 2017 University of Maine School of Law

Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman

Maine Law Review

It is with great pride that I note the participation of four International Senior Lawyers Project (ISLP) volunteers in this Symposium of the Maine Law Review. These highly accomplished lawyers, three of whom are from Maine and one from Canada, demonstrate perfectly the premises on which ISLP was founded: first, that the skills and experience of senior-level lawyers from the United States and elsewhere can be of great value to emerging democracies, social justice activists, and nations struggling to overcome poverty; and second, that there is a burgeoning pool of such lawyers, both retired and in active practice, who are ...


The Role Of A Banking System In Nation-Building, John L. Douglas 2017 University of Maine School of Law

The Role Of A Banking System In Nation-Building, John L. Douglas

Maine Law Review

It seems strange to have a discussion of nation-building devoted to the importance of a banking system. After all, when we think of nations, we think of constitutions, borders, and functioning governments. When we think of failed nations, we think of a lack of effective government, a loss of control over society, and a breakdown in law and order. Banks hardly figure into that discussion at all. Indeed, in our society, while banks play an important role, they usually reside quietly in the background. Many of us never set foot in a bank. Our paychecks may be deposited in a ...


The Importance Of Comercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek 2017 University of Maine School of Law

The Importance Of Comercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek

Maine Law Review

In the era of international relations ushered in by the end of the Cold War, nation-building has become all the rage. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, fashioning new governmental institutions from the ashes of violent conflict or civil collapse. These projects became possible in a fresh environment of international consensus that has prevailed since the middle of the 1990s. Developing improved legal institutions has been considered a particularly important component of any state-building project and has been a primary focus of almost all such efforts. A new ...


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