The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, 2018 Queensland University of Technology
The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer
Puerto Rico And The Right Of Accession, 2018 Duke Law School
Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati
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.
The tension between Puerto Rico’s possible desire to pull closer to the mainland and Congress’s presumptive desire to hold it at arm’s length raises at least two important legal questions. Could Congress expel ...
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, 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
Security In A Liberal Union: Eu Asylum And Migration Control Policies, 2017 Selected Works
Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll
Personal Jurisdiction And Aliens, 2017 University of California Hastings College of Law
Personal Jurisdiction And Aliens, Scott Dodson, William Dodge
Business Methods, Technology, And Discrimination, 2017 The University of Akron School of Law
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Daniel Harris Brean
A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, 2017 University of Maine School of Law
A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, Amy S. Tsanga
Maine Law Review
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) comprehensively outlines the international standards on the rights of women that are to be pursued by State Parties to the Convention. Adopted by the General Assembly in 1979, it entered into force in 1981 and set the scene for a comprehensive approach to the human rights of women by State Parties that have ratified the Convention. The underlying spirit of the Convention is that discrimination against women violates principles of equality and respect for human dignity and presents obstacles to the advancement of women in the political ...
Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, 2017 University of Maine School of Law
Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing
Maine Law Review
The extent to which foreign corporations as well as their domestic subsidiaries can discriminate against American employees on the basis of sex, age, religion, and national origin in a manner that would be acceptable under their own laws and customs but inimical to American law is currently determined by a muddled jumble of circuit court opinions interpreting a “[w]e express no view” Supreme Court footnote. As a result, American victims of sexual discrimination have much less protection under Title VII of the Civil Rights Act of 1964 when the discriminating actor is a foreign corporation or its domestic subsidiary ...
North Korea And The Madonna Of Czestoc, 2017 The University of Notre Dame Australia
North Korea And The Madonna Of Czestoc, Michael Donald Kirby The Honourable
The University of Notre Dame Australia Law Review
No abstract provided.
Update: International Human Rights, 2017 University of Cincinnati - Main Campus
Update: International Human Rights, James Hart Mr.
Law Librarian Articles and Other Publications
This guide explains the procedures of the major international human rights systems because it is procedures that create the need to record or communicate. In other words, documents emanate from critical junctures in a process. The guide does not cover the content of the human rights themselves. Nor does it explicate the websites that hold the documents, but it will give you the information you will need to understand them. The guide will, however, give you URLs. With the information in the guide, you will be able to navigate your way through the websites without detailed directions. The first part ...
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, 2017 The University of Southern Mississippi
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence ...
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, 2017 University of Maine School of Law
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
Maine Law Review
In the past thirty-five years, international human rights lawyers and, more recently, international environmental lawyers, have been invoking the Alien Tort Claims Act (ATCA) as a tool to prosecute human rights abuses committed abroad by transnational corporations (TNs) in U.S. federal courts. The ATCA provides: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Although plaintiffs' lawyers have experienced some success in the human rights context, most claims of environmental abuses have failed. In all ...
Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, 2017 European Council on Foreign Relations
Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin
International Law Studies
This article proposes an alternative to the conventional way of deciding when a State may target or detain members of an armed group. Instead of asking whether there is an armed conflict between the State and the group, this article argues that we should look at the State’s justification for the use of force against the group or its members. In a non-international context, this justification is rooted in human rights law. For this reason, the authorization for the resort to force operates on an individual basis, and the State is only justified in using force against individual members ...
The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, 2017 Boston College Law School
The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, Dan Cahill
Boston College Law Review
In the more than sixteen years since September 11, 2001, the United States has resolved, through policy at home and abroad, to vindicate the heroes and victims of that attack. From the creation of the Department of Homeland Security, to the raid that resulted in the death of Osama Bin Laden, the shockwaves of 9/11 have reverberated through America’s domestic and foreign policy ever since. In the only veto override of the Obama presidency, the 114th U.S. Congress brought the Justice Against Sponsors of Terrorism Act (“JASTA”) into force, intending to provide U.S. citizens with a ...
Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, 2017 Boston College Law School
Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert
Boston College Law Review
Worldwide seafood markets have a major problem: too often, the seafood listed on the menu is of a different species than what is served. This phenomenon—known as seafood fraud—and the related practice of illegal, unreported, and unregulated fishing threatens the sustainability of our oceans, poses health risks to consumers, and forces consumers to pay a high price for a cheap product. Previous domestic and international efforts to combat this issue have failed for a number of reasons, including the international nature of the industry, a byzantine supply chain, the large number of entities responsible for combatting the issue ...
Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, 2017 University of Maine School of Law
Frank M. Coffin Lecture On Law And Public Service: The Future Of International Criminal Justice, Richard J. Goldstone
Maine Law Review
The Thirteenth Annual Frank M. Coffin Lecture on Law and Public Service was held in the fall of 2004. Justice Richard J. Goldstone, former Justice of the Constitutional Court of South Africa and pioneer for international justice and human rights, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law.
Reconsidering Trials In Absentia At The Special Tribunal For Lebanon: An Application Of The Tribunal's Early Jurisprudence, Maggie Gardner
Since Nuremburg, no individual has been prosecuted in an international or internationalized court entirely in his or her absence. That may soon change. The Special Tribunal for Lebanon, which is empowered to try defendants in absentia, has now confirmed its first indictment. While its trial in absentia procedures were met with concern and criticism from some quarters when they were first announced, reconsideration is warranted in light of subsequent judicial developments. The judges of the Special Tribunal for Lebanon have now established in their preliminary decisions an interpretive approach to the Tribunal’s Statute that is adamantly purposive. This purposive ...
Did Russian Cyber Interference In The 2016 Election Violate International Law?, 2017 Cornell Law School
Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin
Jens David Ohlin
When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear ...
Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, 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
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 ...
Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, 2017 University of Maine School of Law
Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc
Maine Law Review
The perspectives of French lawyers concerning international law and international institutions are formed largely by the basic course in public international law that they took as law students. Students in the course attend formal lectures by the professor (cours magistraux) and often supplementary section meetings, or tutorials, with instructors (travaux diriges), as well as read all or part of a basic textbook (manuel) in public international law and other assigned materials. One way to gain insight into the fundamental ways of thinking about international law of French lawyers and law-trained officials is to take a close look at the manuels ...