International Law Commons^™

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Faculty Publications

In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council ...

International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.([1]) Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility ...

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Roadmap To Zero-Carbon Electrification Of Africa By 2050: The Green Energy Transition And The Role Of The Natural Resource Sector (Minerals, Fossil Fuels, And Land), Jeffrey D. Sachs, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Efosa Uwaifo, Bryan Michael Sherrill

Columbia Center on Sustainable Investment Staff Publications

All Africans — whether living in urban or rural areas — need access to affordable, clean, efficient, reliable, climate-proof, and renewable energy for both residential and productive uses to achieve sustainable development objectives. At the same time, the world is moving to decarbonization by 2050, and Africa will be part of this global trend. Prospective oil and gas projects in Africa will no longer be pursued as overseas markets, and financing will shrink. At the same time, Africa’s vast renewable energy potential, in the solar and hydropower sectors especially, will engage increasingly bankable and highly attractive investments. In net terms, Africa ...

U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin

Alpenglow: Binghamton University Undergraduate Journal of Research and Creative Activity

After the Korean War in 1950, the Cold War expanded to Asia transitioning from purely economic aid in Europe from the Marshall Plan, to direct military intervention then to covert military operations under the Eisenhower Administration in Indonesia. The focus of this research is on the United States military intervention through covert military operations from 1950-66 and details the evolution of foreign policy in Indonesia from the economic aid to supplying names of PKI insurgents to be slaughtered. With the general research questions of How did CIA interference through covert military operations in Indonesia highlight a shift in CIA intervention ...

What Lies Beneath: Usmca Chapter 24 And Sub-National Governance Of Environmental Issues, Alexandra R. Harrington

Pace Environmental Law Review

This article examines the sub-national governance issues existing in the USMCA through the lens of environmental law and regulation in each of the three State Parties. It asserts that the governance gaps created by failing to include the terms of sub-national laws in the express parameters of the USMCA are significant and can pose a challenge to the successful implementation of the Agreement now and into the future. The decision to focus on the USMCA regime was made because of the recent timing of its negotiation, the many efforts made by all sides to incorporate critical non-trade issues into the ...

Men's Rights, Gun Ownership, Racism, And The Assault On Women's Reproductive Health Rights: Hidden Connections, Walter S. Dekeseredy

Dignity: A Journal of Analysis of Exploitation and Violence

In this current era characterized by much fear of, and anxiety about, the political influence and actions of the U.S. alternative right (alt-right), only a small number of men’s rights organizations receive attention from the media, the Democratic Party, or a large cadre of progressives. This article demonstrates that ignoring all-male anti-feminist organizations is a flawed strategy for challenging the recent rise of the alt-right because these misogynistic groups are heavily involved in the gun rights movement, major contributors to racist practices and discourses, and active participants in efforts to criminalize and curtail women’s access to abortion ...

Investment Incentives: A Survey Of Policies And Approaches For Sustainable Investment, Lise Johnson, Perrine Toledano

Columbia Center on Sustainable Investment

In order to effectively harness public funds and leverage them to support sustainable development, governments have to be strategic in their use of capital. This means ensuring that government funds are used to help compensate for market failures that lead to the underproduction of public goods. It also means ensuring that government funds are not used to provide redundant support for private actors and subsidize environmentally or socially harmful activities.

To achieve these policy objectives, governments need to be careful and deliberate in their use of investment incentives. Investment incentives, which may be defined (broadly) as nonmarket advantages used to ...

Subjecting Armed Groups To International Law: A Study On The Rules Of International Humanitarian Law And The Extent Of Their Development, Salwa Elekyabi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

While current core rules governing armed conflicts has remained almost the same since the adoption of the 1949 Geneva Conventions and its two additional protocols of 1977, the nature of non-international armed conflicts has gone under a tremendous development. This poses a question on whether there is a need to develop the rules of International Humanitarian Law (IHL) applicable to Armed Groups in times of non-international armed conflicts to cope with the changes in the armed conflicts layout. Accordingly, this article is addressing this question and examining ways to improve armed groups’ compliance to the provisions of the IHL.

This ...

Masthead, Mission Statement, And Table Of Contents

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Representation, Inequality, Marginalization, And International Law-Making: The Case Of The International Court Of Justice And The International Law Commission, Dire Tladi

UC Irvine Journal of International, Transnational, and Comparative Law

This Article assesses the extent of inequality and marginalization in the making of international law. It examines whether there is equal contribution, and equal opportunity for contribution, in the making of international law by and for all States. In particular, the Article ponders whether the Global South is marginalized in law-making processes, or, put another way, whether the Global North is privileged. The Article evaluates whether there is equitable representation in international law-making bodies, and it focuses on the two most prominent ones, namely the International Court of Justice and the International Law Commission. The assessment addresses both the formal ...

George Floyd At The Un: Whiteness, International Law, And Police Violence, Thiago Amparo, Andressa Vieira E Silva

UC Irvine Journal of International, Transnational, and Comparative Law

This article applies discursive analysis of the UN Human Rights Council debate after the killing of George Floyd in June 2020. It assesses state members’ speeches delivered during the UN session convened in June 2020, as well as the ensuing landmark report by the UN Human Commissioner for Human Rights on police violence and racism released one year later, in June 2021. Through its analysis of the current global debate on police violence against black people at the United Nations, it shows how racialized violence is and is not considered in international law. The underlying task is to unmask whiteness-coping ...

State Immunity As Applied To Colonial Racism And The Japanese Military As Purchaser And Joint Tortfeasor: Case Of Korean “Comfort Women”, Kyung Sin Park

UC Irvine Journal of International, Transnational, and Comparative Law

The redress and reparation efforts for the “comfort women” of the Japanese military during the Pacific War have been hampered in their home countries by the state immunity doctrine. In this article, we first evaluate the current state of jurisprudence on state immunity doctrine, especially as expressed in the seminal 2012 ICJ decision in Ferrini. We find there that the concept of “armed forces” has been commandeered to bolster the strict application of state immunity and evaluate such usage of the categories such as “armed conflicts” and “armed forces.” We note that full legal analysis under the state immunity doctrine ...

Colonialism, Capitalism, And Race In International Law: Introduction To Symposium Issue, Michele Goodwin, Gregory Shaffer

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

The Case For Reparations For The Color Of Covid, José E. Alvarez

UC Irvine Journal of International, Transnational, and Comparative Law

This Article surveys the data demonstrating that COVID-19, far from being the great equalizer, has generated starkly skewed adverse outcomes, including grossly disproportionate deaths, among persons of color in the U.S., Brazil, and India, and in all likelihood globally. The “color of COVID” results from governmental actions and inactions that, when combined with long-standing socio-economic vulnerabilities, produce deadly results for certain groups.

Global health reformers are not addressing these injustices. Like those who resist reparations for African-Americans, for the global victims of slavery, colonialism and its legacies, or for all of the current pandemic’s victims, those seeking to ...

Theorizing Intergenerational Justice In International Law: The Case Of The Treaty On The Prohibition Of Nuclear Weapons, Hirokazu Miyazaki, Annelise Riles

UC Irvine Journal of International, Transnational, and Comparative Law

On July 21, 2021, a resolution was introduced in the Chicago City Council calling on the US government to ratify the new United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW) and describing the struggle to abolish nuclear weapons as a matter of racial justice. Unlike prior nuclear disarmament treaties, the TPNW bans all nuclear weapons outright and reframes nuclear disarmament as a matter of decolonial struggle. The coming into force of the TPNW treaty raises questions about the relationship between this new treaty regime and the traditional framework of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT ...

Climate Change, Wto Law, And China, Yiwen Zhang

UC Irvine Journal of International, Transnational, and Comparative Law

Combating climate change is one of the most important areas for international cooperation and negotiation. The urgency of the climate crisis requires countries, especially large carbon emitters such as China, to be more active in taking climate actions. This Note mainly focuses on the two most important trade-related climate policies for reducing carbon emissions: border carbon adjustment and low-carbon subsidies. Both policies have or would likely raise legal challenges under the existing WTO legal framework. This Note introduces the two policies, analyzes why they are disputed among WTO Members, discusses China’s viewpoints, and suggests the possible actions that China ...

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers

Online Publications

This memorandum supports the Free Yezidi Foundation’s (FYF) filing in the Lafarge Case concerning allegations of complicity in crimes against humanity, including genocide. The Lafarge Corporation continuously operated its factory and, moreover, financially contributed to the Islamic State of Iraq and al-Sham (IS, ISIS, Daesh) between 2013 and 2014, inclusive of the period between 3 August 2014 and 19 September 2014. During those weeks, and represented in a timeline annexed to this memorandum, international and French media, international organizations, and governments extensively reported on and condemned IS acts committed against the Yezidi population that could constitute crimes against humanity ...

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Liberty University Journal of Statesmanship & Public Policy

In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ...